CITYCOUNCILMEETNG MINUTSOEMAYZLNA The Enterprise City Council convened in Regular Session at 6:00 p.m., Tuesday, May 21,2024,at Enterprise Civic Center. PRESENT: Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Gregl Padgett, District #3 Council Member Scotty. Johnson, District #4 Mayor William E. Cooper City Administrator Jonathan Tullos ALSO PRESENT: City Clerk Beverly Sweeney was present and kept the minutes. ROLL CALL- Council President' Townsend noted that all Council Members were present. add the following item under New Business after Council Member Comments: APPROVALOF/ AGENDA The President called for a motion to approve the agenda of the meeting as submitted, with amendment to Council Member Padgett moved to approve the agenda of the meeting as amended. Council Member Goolsby seconded the motion. The vote being: Rich -Aye; Goolsby Aye; Padgett - Aye; Johnson - Executive Session/Reputation & Character Aye; Townsend - Aye. The President declared the motion carried. CONSIDERATIONOP: CONSENT AGENDA Thel President called for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of April 16, 2024 City Council Work Session Minutes ofN May 7,2024 City Council Meeting Minutes of May 7,2024 Contract Billings int the amount ofS1,777,926.90 as follows: Whaley Construction Co., Inc.- Hollon Contracting, LLC- Barge Design Solutions- Seay, Seay & Litchfield, P.C.- Fine Geddie & Associates- Travel Requests as follows: Police Department Captain Billy Haglund Orange Beach, Alabama June 9-11,2024 Estimated Cost: $611.84 Officer Dylan Morrow Birmingham, Alabama July 7-12,2024 Estimated Cost: $1,977.42 Application No. 16-$1,207,359.15- - Construction - Recreation & Aquatics Center Application No. 7-$103,075.00- - Construction - New Corporate Hangar Invoice No. 220588- $9,778.41 - Construction Administration New Corporate Hangar Invoice No. 2-$ $288,600.00 - Contract Services - City Hall Renovations Invoice No. 4-$162,864.34- - Contract Services - Recreation & Aquatics Center Invoice No. 2828- $6,250.00- - Contract Services - May 2024 Administration ofTactical Teams Training Course Hostage Negotiation Crisis Intervention Phase 3 Course Council Member Johnson moved to approve the Consent Agenda as presented. Council Member Padgett seconded the motion. The vote being: Rich - Aye; Goolsby - Aye; Padgett - Aye; Johnson - Aye; Townsend - Aye. Thel President declared the motion carried. PRESENTATION OF CERTECATESTOSCOITS Mayor Cooper, along with the Council, presented certificates to Eagle Scout. Jackson Swartz ofTroop 150 for his project related tot the Purple Heart parking spaçes around the City of Enterprise, Cadette Lydia Plant ofGirl Scout Troup 9114 for the highest overall cookie sales ins southern Alabama with 13,781 boxes, and' Troops 9027, 9048, 9052, 9095, and 9114, for their efforts related to cookie sales. CITY COUNCIL MEETING MINUTES OF MAY21,2024 Page 2 PRESENTATIONOF CERTIFICATES TOTEACHER OF THE YEAR FINALISTS Mayor Cooper,, joined by Council Members, presented certificates to Shelley Grimes, Brookwood Elementary School, and Rylee Baxter, Enterprise High School, in recognition ofmaking the "Sweet 16" REOUFSTTOADDRESS COUNCILPERMITI REQUEST/Brett Woodruff/Jeep Roundup Block Party) The President recognized Brett Woodruff, representing Mitchell Chrysler Dodge Jeep Ram, who requested to address the Council to obtain a permit to hold the. Jeep Roundup Block Party, presented by L.A.. Jeepl Nation, on Saturday, June 29, 2024, from 7:00 p.m. until 10:00 p.m., with a requested street closure of East College Street from Main tot the Courthouse and Edwards Street from Lee Street to Grubbs. Police Captain Billy Haglund confirmed that the department would accommodate the request. Council Member Padgett moved to approve the permit request as submitted. Council Member Johnson seconded the motion. The vote being: Rich Aye; Goolsby- Aye; Padgett Aye; Johnson- - Aye; PRIVILEGEOF THE FLOOR (Persons allowed 3 minutes to address the Council) The President recognized Jesse Bowman, Sr., a resident of 304 Willow Drive, who addressed the Council Tourism Director' Tammy Doerer reported that the City ofl Enterprise and the U.S. Travel Association are celebrating National Travel and Tourism Week from May 19-25, 2024. According to the 2023 State Tourism Report, the state retains 33 cents in earnings for every dollar in travel-related expenditures fori its citizens. Locally, more than $1 million in lodging tax was collected from hotel rooms and short-term rentals, which goes back into the city's general fund. As part oft this year's Travel and Tourism Week, she announced that State Senator. Josh Carnley and State Representative Rhett Marques have awarded the City of Enterprise over $18,000 in Legislative Tourism Grants. These grants will allow the city to continue creating signature events that benefit our citizens and attract thousands ofvisitors. City Engineer/Public Works Director Barry Mott announced that a portion of Guardian Way, offHwy 167N, willl be closed beginning Thursday, May 23, and through the following week. Mr. Mott stated he would provide details of the closure tol Public Information Manager Emily Glasscock for a publics service PUBLIC HEARING & CONSIDERATIONABC LICENSE REQUEST (Dollar General #2 25785) Thel President called for a public hearing prior to consideration ofa request from Dolgencorp, LLC, d/bla Dollar General Store #25785 for a Retail Beer (Off] Premises Only) license and Retail" Table Wine (Off Premises Only) license located at 100. Jackson Street. No comments were offered. The President closed Council Member Goolsby moved to approve the ABC license request as submitted. Council Member Johnson seconded the motion. The vote being: Rich Aye; Goolsby - Aye; Padgett Aye; Johnson- - finalists for Alabama Teacher oft the Year. Townsend Aye. The President declared the motion carried. regarding a police matter. STAFF REPORTS announcement. OLD BUSINESS the hearing and called for consideration of the ABC license request. Aye; Townsend - Aye. The President declared the motion carried. INTRODUCE PLANNNGCOMMISSION RECOMMENDATION approve the following requests for the rezoning of property: NEW BUSINESS The President introduced for the record, a recommendation from the Enterprise Planning Commission to A request by Northstar Engineering Services on behalf ofL Lunsford & Lunsford Farms, Inc., for the rezoning of 10.06 acres ofl land from R-2 (Medium Density Single Family Residential District) tol R-4 (Mixed Residential District) located on Porter Lunsford Road on the east side of Ar request by Northstar Engineering Services on behalf ofl Lunsford & Lunsford Farms, Inc., for the rezoning of 10.53 acres ofl land from R-5 (Multifamily Residential District) tol R-4 (Mixed Residential District) located on Porter Lunsford Road on the east side ofHunters Hill Phase I. Ar request by Northstar Engineering Services on behalf ofl Lunsford & Lunsford Farms, Inc., for the rezoning of 10.11 acres of land from R-5 (Multifamily Residential District) to R-2 (Medium Density Single Family Residential District) located on Porter Lunsford Road on the east side of Hunters Hilll Phasel I. Hunters Hilll Phase I. CITY COUNCIL MEETING MINUTES OFI MAY21, 2024 Page3 3 INTRODUCEORDINANCE05-21-241 (Lunsford & Lunsford Farms. Inc. Rezone 1) Thel President introduced Ordinance 05-21-24, providing for the rezone of 10.06a acres ofl land owned by Lunsford &1 Lunsford Farms, Inc. from R-2 (Medium Density Single Family Residential District) tol R-4 (Mixed] Residential District) located onl Porter Lunsford! Road ont the east side ofH Hunters Hilll Phase I,and called for ap public hearing to bel held att the regular meeting scheduled for. June 18, 2024. INTRODUCE ORDINANCE 05-21-24-A (Lunsford & Lunsford] Farms. Inc. Rezone 2) Thel President introduced Ordinance 05-21-24-A, providing for the rezone of 10.53 acres ofl land owned byI Lunsford & Lunsford! Farms, Inc. from R-5 (Multifamily Residential District)t tol R-4 (Mixed Residential District) located onl Porter Lunsford Road ont the east side of Hunters Hilll Phasel I, and called fora a public hearing tol bel held att the regular meeting scheduled for. June 18, 2024. NTRODICEORDIMANCEI 05:21-24-B(unsford & Lunsford Farms. Inc. Rezone 3) Thel President introduced Ordinance 05-21-24-B, providing for the rezone of1 10.11 acres ofl land from R-5 (Multifamily Residential District) tol R-2 (Medium Density Single Family Residential District) located on Porter Lunsford! Road on the east side of Hunters Hilll Phasel I, and called for aj public hearing to bel held at NIRODUCEORDNANCE 05-21-24-C (Unsafe Structures & Dangerous Buildings) Thel President introduced Ordinance 05-21-24-C, providing for the fixing of costs, creation ofl liens, making of assessments, and collection of costs associated with repairing, moving, or demolishing buildings ands structures, or parts ofbuildings ands structures, party walls, and foundations when foundt to be unsafe tot the extent oft being aj public nuisance from any cause. Council President Townsend announced that Ordinance 05-21-24-C would layover for consideration att the regular meeting scheduled Thel President introduced Ordinance 05-21-24-D, providing to declare weeds as public nuisances, authorize abatement, and assess costs top property owners. Council President Townsend announced that Ordinance 05-21-24-D wouldl layover for consideration at the regular meeting scheduled for. June 4, 2024. Thel President introduced and called for consideration ofl Resolution 05-21-24, providing to authorize the city's participation int the FY: 2025 Transportation Alternatives Set-Aside Program. Resolution 05-21-24 further authorizes the Mayort tos sign any and all documents and provide anyi information and forms Council Member. Johnson moved to adopt Resolution 05-21-24. Councill Member Rich seconded the motion. The vote being: Rich Aye; Goolsby- - Aye; Padgett- - Aye; Johnson Aye; Townsend- Aye. Thel President declared the motion carried andl Resolution 05-21-24 duly passed and adopted. REVIEW & CONSIDER RESOLUTIONS2L2EA (Utility Billing and Accounting] Manager) Thel President introduced and called for consideration of Resolution 05-21-24-A, providing for an amendment to Ordinance 10-16-01, which establishes the Employee Classification Plan/Salary Schedule. The amendment eliminates the title ofUtility Office Manager and assigns the title ofUtility Billing and Accounting Manager tot the position. The position' 's current pay grade of 17 remains thes same. Council Member Padgett moved to adopt Resolution 05-21-24-A. Council Member. Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- - Aye; Johnson - Aye; Townsend- - Aye. The President declared the motion carried and Resolution 05-21-24-A duly passed and adopted. REVIEW & CONSIDER RESOLUTION 05-21-24-B (Utility Billing and Accounting Assistant Manager) Thel President introduced and called for consideration of Resolution 05-21-24-B, providing for an amendment to Ordinance 10-16-01, which establishes thel Employee Classification Plan/Salary Schedule. The amendment eliminates the title ofUtility Billing and Accounting Coordinator and assigns the title of Utility Billing and Accounting Assistant Manager to the position. Thej position's pay grade of1 141 remains Council Member Goolsby moved to adopt Resolution 05-21-24-B. Council Member Rich seconded the motion. The vote being: Rich- - Aye; Goolsby -4 Aye; Padgett- - Aye; Johnson Aye; Townsend- -Aye. Thel President declared the motion carried and Resolution 05-21-24-B duly passed and adopted. the regular meeting scheduled for. June 18, 2024. for. June 4, 2024. INTRODUCE ORDINANCE 05-21-24-D/(Weed, Abatement) REVIEW & CONSIDER RESOLUTIONOS2L-24(FY2025TAP. Application) necessary to participate int the program. the same. CITY COUNCIL MEETING MINUTES OF MAY21,2024 Page 4 REVIEW & CONSIDER RESOLUTION0S-21-24-C(Ultility Data Entry Specialist) The President! introduced and called for consideration of Resolution 05-21-24-C, providing for an amendment to Ordinance 10-16-01, which establishes the Employee Classification Plan/Salary Schedule. The amendment eliminates the title ofUtility Billing and Collections Technician and assigns the title of Utility Data Entry Specialist to the position. The position's current pay grade of 12 remains the same. Council Member Rich moved to adopt Resolution 05-21-24-C. Council Member Goolsby seconded the motion. The vote being: Rich- - Aye; Goolsby - Aye; Padgett - Aye; Johnson - Aye; Townsend - Aye. The President declared the motion carried and Resolution 05-21-24-Cduly passed and adopted. REVIEW & CONSIDER RESOLUTION 05-21-24-D (Customer Service Representatives) The President! introduced and called for consideration of Resolution 05-21-24-D, providing for an amendment to Ordinance 10-16-01, which establishes the Employee Classification Plan/Salary Schedule. The amendment calls for the deletion of Customer Service Clerk, Pay Grade 10, and the addition of Customer Service Representative I, Pay Grade 11,Customer Service Representative II, Pay Grade 12, and Council Member Goolsby moved to adopt Resolution 05-21-24-D. Council Member Padgett seconded the motion. The vote being: Rich- - Aye; Goolsby Aye; Padgett-A Aye; Johnson Aye; Townsend- - Aye. The President declared the motion carried and Resolution 05-21-24-D duly passed and adopted. AUTHORIZEMAYOR TOI EXECUTELEASEACEMENT (PHI Air Medical/Enterprise Municipal Thel President called for a motion to authorize thel Mayor to execute an agreement with PHI Health, LLC, d/b/a PHI Air Medical, for the lease oft the premises commonly known as the old terminal building located att the Enterprise Municipal Airport per the terms of the lease agreement. Council Member. Johnson moved to authorize the Mayor to execute the lease agreement as submitted. Council Member Padgett seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson Aye; Townsend- - Aye. The President declared the motion carried. AUTHORIZE MAYOR TOI EXECUTELEASE. AGREEMENT (Moore's Tackle Co./Main Street Thel President called for a motion to authorize the Mayor to execute an agreement between the City of Enterprise and Moore's Tackle Co. for the lease oft the Main Street Incubator located at 123 South Main Councill Member Richi moved to authorize the Mayor to execute the lease agreement as submitted. Council Member Goolsby seconded the motion. The vote being: Rich Aye; Goolsby- Aye; Padgett- - Aye; Johnson- Aye; Townsend- -Aye. The President declared the motion carried. AUTHORIZE MAYOR TOI EXECUTE. AGREEMENT WITHJ PROPERTY OWNERS (Main Thel President introduced and called for consideration ofai request from City Engineer/Public Works Director Barry Mott to authorize the Mayor to execute agreements with two (2) property owners to add dirt and sod to the excavated area atl Main! Street and College Street pending review and approval ofthe City Attorney. The proposed agreements and work are related to safety concerns adjacent to existing Council Member Padgett moved to authorize the Mayor to execute the agreements upon review and approval by the City Attorney. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson Aye; Townsend- -Aye. The President declared the AUTHORIZE MAYOR TOI EXECUTE CHANGE ORDER (Whaley Construction Co.. Inc.Maintenance The President introduced and called for consideration ofa request from City Engineer/Public Works Director Barry Mott to authorize the Mayor to execute a change order with Whaley Construction Co., Inc. for the addition ofa maintenance building and other work for the Parks & Recreation Department. The Council Member Johnson moved to authorize thel Mayor to execute the change order with Whaley Construction Co., Inc. atac cost not to exceed $350,000.00. Council Member Padgett seconded the motion. The vote being: Rich Aye; Goolsby- - Aye; Padgett- = Aye; Johnson Aye; Townsend - Aye. Customer Service Representative III, Pay Grade 12. Airport) Incubator) Street per the terms oft the lease agreement. Street/College Street Excavated Area) sidewalks and street rights-of-way. motion carried. Building) proposed change orderi is al budgeted item and will not exceed $350,000.00. The President declared the motion carried. CITY COUNCIL MEETING MINUTES OF MAY21, 2024 Page 5 REQUEST PERMISSION TOI PURCHASE FURNTUREOFFSTATEBDLISTICII Hall The President introduced and called for consideration ofai request to purchase furniture for Phasel Iofthe renovations to City Hall (Police, Mayor'sOffice, and Municipal Court) from HPFi through the Alabama Council Member Padgett moved to approve the purchase request as submitted. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson - Aye; CONSIDER REQUEST TO AMEND EMPLOYEE HANDBOOK (Police Department/Change inl New The President introduced and called for consideration ofa request from Police Chief Michael Moore to amend the Employee Handbook to align withs state law governing the hiring of Non-Certified Officers. The proposed amendment would eliminate the written examination requirement for applicants withouta a Council Member Rich moved to amend the Employee Handbook as requested. Council Member Goolsby seconded the motion. The vote being: Rich- Aye; Goolsby - Aye; Padgett Aye; Johnson Aye; The President introduced ai request from Tacos Way 3,1 LLC d/bla Tacos Way, foral Restaurant Retail Liquor license located at 1016 Rucker Boulevard, and called for a public hearing to be held at the regular Renovations. PhaseD State Bid List ata a cost of $87,427.77. Townsend - Aye. The President declared the motion carried. Hire Testing) college degree and only require the Basic Aptitude Test. Townsend -Aye. The President declared the motion carried. NTRODICEABCLICENSE REQUEST (Tacos Way) meeting scheduled for. June 4,2 2024. MAYORSREPORT Mayor Cooper provided reports and updates from various departments and events. COUNCILI MEMBER COMMENTS CALLFORI EXECUTIVESESSION Council Members congratulated Shelley Grimes, Rylee Baxter, and the Boy and Girl Scouts on their accomplishments and thanked meeting attendees and citizens who watched the video online. At6:55 p.m., Council President Townsend stated that ani item pending before the Council involved issues requiring legal advice and counsel related to good name and character, andi requested anl Executive Session. Council Member Goolsby made a motion, seconded by Council Member Rich, for the Council to go into Executive Session. All Council Members Aye. Thel President declared the motion carried and announced that the Council would reconvene to adjourn the Regular Session in approximately 20-25 EXECUTIVE SESSION PURSUANTTO ALABAMA OPEN MEETINGS LAW Attorney Ashley Marshall appeared before the Council ands stated that items pending before the Council involved issues requiring legal advice and counsel related to reputation and character. minutes, with no further business to follow. STATE OF ALABAMA COFFEE COUNTY ) ) MINUTES EXCERPTS ANDI MOTION FOR EXECUTIVE SESSION PURSUANT TOTHE. ALABAMA OPEN MEETINGS LAW A05-0145 WHEREAS, the Enterprise City Council with a quorum being present, was conducting: a meeting on the 21* day ofMay, 2024, the time, date, place and agenda of which were duly announced and notices of which were posted in accordance with the. Alabama Open Meetings Law, Act 2005-40 (Act); WHEREAS, the following persons were in attendance: Council Members Rich, Goolsby, Padgett, Johnson, and' Townsend. Council President Townsend presided over the meeting. Mayor William E. Cooper and City Administrator Jonathan Tullos were present. City Attorney Ashley Marshall was WHEREAS, during the course ofs said meeting, a motion was made by Council Member Goolsby for the Council to go intol Executive Session for the purpose of legal advice and counsel and reputation and present; and, character, both being one oft the following purposes authorized by the Act: CITY COUNCIL MEETING MINUTES OF MAY21,2024 Page 6 EXECUTIVE SESSION (Continued): Reputation and Character Legal Advice and Counsel Security Plans State and/or Federal Law Law Enforcement Real Estate Transactions Trade Secrets Public Employee Negotiations Quasi-Judicial: Deliberations Which motion was seconded by Council Member Rich; and, Executive Session ifit was in regard to any of the following purposes: WHEREAS, the Attorney advised the Council that a declaration was required by the Act for an Legal Advice and Counsel Law Enforcement Trade Secrets Employee Negotiations WHEREAS, Attorney Ashley Marshall appeared before the Council and stated for the record that he/she was duly qualified and/or had the personal knowledge to provide the requisite declaration for the stated purpose oft the Executive Session authorized by the Act and informed the Council that an Executive Discussion of issues requiring legal advice and counsel related tor reputation and character. into the minutes oft the meeting and called for a vote on said motion; and, Session was necessary for the following reason: WHEREAS, the President directed the City Clerk to enter into said motion, purpose, and declaration WHEREAS, said vote in regard tot the motion for Executive Session was taken with the "yeas" and "nays" being recorded into the minutes as follows: Yeas 1. Rich 2. Goolsby 3. Padgett Johnson 5. Townsend Nays And the President declared that a majority ofthe votes being in favor of the motion, that such motion had therefore passed and the Council would forthwith recess into Executive Session at 6:55 p.m. for the purpose as stated in said motion and no other purpose, in accordance with the Act and reconvene in approximately 20-25 minutes. A By: Attest: Attest: RECONVENEI IN) REGULAR SESSION The Regular Session was recessed into Executive Session Session at 7:20 p.m. after duly made motion and second with all Ayes. and * at 6:55 p.m. reconvened into Regular ADJOURNMENT at 7:20 p.m. Turner Townsend Council President There being no further business before the Council, thel President declared the Regular Session adjourned S City Clerk B