City Hall Fayette, Alabama September 14, 2021 A regular meeting of the City Council of the City of Fayette met at 5:00 o'clock, p.m. on Upon roll call the following were found to be present: Mayor Rod Northam, Councilmembers Virettia L. Whiteside, Eddy Campbell, Tommy Williams and. Jerry Nichols. Also present were City Clerk Dawn Clapp, Police Chief Danny. Jenkins, Fire Chief Shannon Taylor and City Attorney Dale Lawrence. The opening prayer was given by Bro. Brad Cox, pastor of Pleasant Hill Baptist Church. September 14, 2021, int the Council Chambers oft the City Hall. Councilmember Aliska Hughes-Monroe was absent. Thel Pledge of Allegiance was led by Bro. Brad Cox. Mayor Northam announced a quorum was present and the meeting was open for the transaction Councilmember Campbell moved the minutes oft the regular meeting held on August 24, 2021, be approved. Upon the motion being seconded by Councilmember Nichols, it was unanimously approved. ofbusiness. APPROVAL OF MINUTES PUBLICI HEARING ON FIXINGCOSTOE ABATEMENT OF WEEDA AND GRASS NUISANCES Mrs. Bonner of 309 6th Street NE, Fayette, spoke to the Council concerning the need for the properties near her home to be cleaned up. No one appeared to object to the fixing of the cost of the abatement oft the nuisances on the following properties: 1. Property located at: 2209 gth Avenue SW Fayette, AL 35555 Assessed for ad valorem tax to: Annal Reese Benefield 2209 gth Avenue SW Fayette, AL 35555 Property located at: 1511 2nd Avenue NW Fayette, AL 35555 Assessed for ad valorem tax to: Hazel L. Soderholm 1511 2nd Avenue NW Fayette, AL 35555 Property located at: 905 20th Street SW Fayette, AL 35555 Assessed for ad valorem tax to: Andrew T.L Leel Estate clol Brenda. Jackson Culp 4667 Highway 96 West Fayette, AL 35555 Property located at: 519: 3rd. Avenue NW Fayette, AL 35555 Assessed fora ad valorem tax to: Shane and Heather Fulton 12953 Highway 107 Winfield, AL 35594 Property located at: 6322nd Avenuel NE Fayette, AL 35555 2. 3. 4. 5. Assessed for ad valorem tax to: Shawn and Randi Leonard 423 County Road 106 Fayette, AL 35555 Property located at: 102 3rd Avenue SW Fayette, AL 35555 Assessed for ad valorem tax to: Boman Real Properties LLC P.O. Box 885 Sulligent, AL 35586 6. AIRPORTI PROJECTS Mr. Taylor Bone of Goodwyn, Mills and Cawood, reported on the 2022 projects for the airport. One project is the airport apron renewal. He said the next step with this project is the pre-application process. The match is 5% which would amount to $80,000.00. Another potential project is a T-hangar taxiway coating project. This project requires a 25% match which would be approximately $20,000.00. RESOLUTION2021-6 RESOLUTION: 2021-16 Mayor Northam presented Resolution 2021-16 to the Council for their consideration. Resolution Al RESOLUTION. AUTHORIZING THE MAYOR' TO MAKE APPLICATIONS) FOR AIRPORT: IMPROVEMENT FUNDING ASSISTANCE FROM THE: STATEOF ALABAMA DEPARTMENT OF TRANSPORTATION. AND' THEI FEDERAL 2021-16i isa asi follows: AVIATION ADMINISTRATION WHEREAS, the City of Fayette intends to apply for state and federal matching funds for airport 1. That the City of Fayette is authorized to make applications for airport improvement funding assistance from the State of Alabama Department of Transportation and the Federal Aviation Administration, for thej purpose of undertaking projects in fiscal year 2022 to make improvements 2. That the applications be submitted for and on behalf of the City of Fayette by its Mayor who is authorized by this resolution to sign the application and any related forms or documents on behalf 3. That the City of Fayette is authorized to enter into an airport improvement funding agreement with the State of Alabama, acting by and through the Alabama Department of Transportation, and the Federal Aviation Administration, for the purpose of undertaking projects to make improvements at the Richard Arthur Field Airport, with partial funding provided by the State of 4. That the agreement be executed int the name oft the City of Fayette for and on behalf oft the City of That the authority oft the City of Fayette to enter into contracts with the State of Alabama and the Federal Aviation Administration has been reviewed by the City's attorney, and inl his/her opinion, the City of Fayette is duly authorized to commit the City of Fayette to agreements with the BEI ITI FURTHER RESOLVED, that the City ofl Fayette hereby affirms that the local matching share of funds in the amount required for this airport improvement project has been officially approved, and placed into the budget of the airport and is available for expenditure upon execution of the Federal Aviation Administration* S and the State of Alabama'sf funding agreements and the start oft the project. THAT, ROD NORTHAM, MAYOR, is hereby authorized to execute and submit applications for state and federal matching funds for airport improvement projects for the Richard. Arthur Field. improvement projects for the Richard Arthur Field Airport during fiscal year 2022. THEREFORE, bei it resolved by the City of Fayette as follows: att thel Richard Arthur Field Airport. ofthe City. Alabama and thel Federal. Aviation Administration. Fayette byi its Mayor. Alabama Department of Transportation and Federal Aviation Administration. READ AND ADOPTED this the 14th day of September, 2021. THE CITY OF FAYETTE: Rod Northam, Mayor By: Attest: Dawn Clapp, City Clerk Councilmember Whiteside moved the Council adopt Resolution 2021-16. Upon the motion being Mayor Northam presented Resolution 2021-17 to the Council for their consideration. Resolution ARESOLUTION. AUTHORIZING THE: MAYORT TO: MAKE APPLICATIONS: FOR AIRPORTI IMPROVEMENT! FUNDING ASSISTANCE: FROM' THE STATE OF WHEREAS, the City of Fayette intends to apply for state matching funds for airport 1. That the City of Fayette is authorized to make applications for airport improvement funding assistance from the State of Alabama Department of Transportation for the purpose of undertaking projects in fiscal year 2022 to make improvements at the Richard Arthur Field 2. That the applications be submitted for and on behalf of the City of Fayette by its Mayor who isa authorized by this resolution tos sign the application and any related forms or documents on 3. That the City of Fayette is authorized to enter into an airport improvement funding agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for the purpose of undertaking projects to make improvements at the Richard Arthur Field Airport, with partial funding provided by the State of Alabama and the Federal Aviation 5. That the authority of the City ofl Fayette to enter into contracts with the State of Alabama has been reviewed by the City's attorney, and in his/her opinion, the City of Fayette is duly authorized to commit the City of Fayette to agreements with the Alabama Department of BEI ITI FURTHER RESOLVED, that the City of Fayette hereby affirms that the local matching share of funds in the amount required for this airport improvement project has been officially approved, and placed into the budget of the airport and is available for expenditure upon execution of the State of THAT, ROD NORTHAM, MAYOR, is hereby authorized to execute and submit applications fors state and federal matching funds for airport improvement projects for the Richard. Arthur Field. seconded by Councilmember Campbell, the same was unanimously adopted. RESOLUTION 2021-17 RESOLUTION: 2021-17 2021-17is as follows: ALABAMA DEPARTMENT OF TRANSPORTATION improvement projects for the Richard. Arthur Field Airport during fiscal year 2022. THEREFORE, bei it resolved by the City ofFayette as follows: Airport. behalf of the City. Administration. 4. That the agreement be executed in the City of Fayette by its Mayor. Transportation. of the City of Fayette for and on behalf of the Alabama's funding agreements and the start oft the project. READ AND ADOPTED this the 14th day of September, 2021. THE CITY OF FAYETTE: Rod Northam, Mayor By: Attest: Dawn Clapp, City Clerk seconded Councilmember Whiteside: movedt the Council adopt Resolution 2021-17. Upon the motion SHOWAI PROJECT STATUS AND VACATION OF STREET REQUEST Mr.. Jeffrey Richardson, manager of Showa Best Glove, spoke to the Council concerning Showa's current projects. He gave an overview oft the history oft the plant and explained why it was important that aportion of thes street be vacated. He said the company now has two glove manufacturing machines which Mr. Richardson said the federal government had awarded Showa $37,000,000.00 to pay for the construction of another building to hold four more machines. He stated, in 2018, Showa had 180 employees. They now have 280 employees and expect tol have 350 employees by the spring of2022. being by Councilmember Campbell, the same was unanimously adopted cost approximately $11,000,000.00 each." They have two more machines on order. FAYETTE. HOSPITAL BOARD ANDI FMCI PROJECT: PROPOSAL Mr. Donald Jones of Fayette Medical Center and Fayette Hospital Board Chairman Charles Brandon were present before the Council. Mr., Jones stated they propose to use the 2021 proceeds from the % cent sales tax to make continued improvements in the nursing home. He said the current project is PHASE 1: Thei initial scope of the proposed project will include a new air handler and all roof work, including ductwork, piping, and electrical work inj preparation toi install central air conditioning. The new air handler unit will serve 4001 Hall, 5001 Hall, Station 2 Nurses Station, and the corridors that are located within these areas in the nursing home. No interior work would be done for this year, as this first phase will require approximately lyear to complete. Phase 11 has a budget of $500,000. PHASE I: Thes scope ofv work for the second phase (budgeted for FY23 and beginning in October 2022) includes removal oft the old wall units which will help room air conditioning and heating function. Removal of the wall units will increase useable square footage in the resident rooms. New interior duct work willl bring much improved filtered air tot the residents. The air handler unit tol be installed in Phasel willl be equipped with UVI light, whichi is ani infection control measure and extremely advantageous of the air quality of our residents. Updated finishes will complete the renovation process. Phase 2 has not progressed to a point where they have a cost estimate for it. With the completion oft this 2-phase project, dividedi intot two phases. The phases are as follows: ther nursing] home would only lack the 600 Hall int thel HVAC: and renovation process. motion being seconded by Councilmember Williams, it was unanimously approved. Councilmember Nichols moved the Nursing Home project be approved as presented. Upon the Mr. Donald. Jones reported there are currently five Covid patients at Fayette Medical Center. The positivity rate for the weeki is 23.3%. In 2020, there were thirty-six deaths reported in Fayette County. In 2021, therel havel been 32 deaths reported in Fayette County. He stated hospitalizations are decreasing. He said 30.7% are fully vaccinated inl Fayette County. POLICEDEPARIMENT REPORT Police Chief Danny Jenkins presented the police report for August 2021. The report was as follows: 15 incidents investigated; 13 accidents; 191 traffic citations; 601 traffic warnings and 34 arrests. Chief. Jenkins stated there is a vacancy in the Police Department. Councilmember Nichols moved that the vacancy bej posted. Upon the motion being seconded by Councilmember Campbell, the same was unanimously approved. FLOCK CAMERA FOR GUTHRIE SMITH PARK Police Chief Danny Jenkins recommended to the Council that a FLOCK camera be placed at the entrance of Guthrie Smith Park. The camera is a license plate recognition camera. A two year contract with Alabama Power Company would cost $5,500.00 and bej paid through the Park & Recreation Budget. Hes said it would bei money well spent. Hes stated the Park & Recreation Director was also in favor oft this. Councilmember Nichols moved the City enter into a contract with Alabama Power Company for the FLOCK Camera and the Mayor be authorized to sign any necessary documents. Upon the motion being seconded by Councilmember Whiteside, the same was unanimously approved. POLICEI DEPARTMENTI PAYS SCALE Police Chief. Jenkins presented the Council with his proposed 2022 Police Department pay scale. Thep proposed pays scalei is as follows: Patrol 17.00 17.85 18.74 19.68 20.66 21.69 22.78 23.92 Corporal 17.50 18.38 19.29 20.26 21.27 22.33 23.45 24.62 Sergeant 18.00 18.90 19.84 20.84 21.88 22.97 24.12 25.33 Lieutenant 18.50 19.42 20.39 21.42 22.49 23.61 24.79 26.03 Asst. Chief 19.00 19.95 20.95 21.99 23.09 24.25 25.46 26.73 Step 1 Step 2 Step3 3 Step 4 Step 5 Step 6 Step7 Step 8 Councilmember Whiteside moved the Council adopt the Police Department pay scale as presented. Upon the motion being seconded by Councilmember Campbell, it was unanimously approved. TRAFFICSTUDY Police Chief. Jenkins stated a traffic study had been performed on 2md Avenue NEJ just outside of Guthrie Smith Park. He said the study did not reveal any significant problems. The speed limiti is 25 mph and 85% oft the vehicles were travelling between 22 mph and 281 mph. ALEA DRUGTASKI FORCE Police Chief Jenkins reported he had applied for the Fayette Police Department to participate in the ALEA Drug Task Force. After the Police Department serves a one year probation period, the City would be eligible to apply for grants and other funds for the Police Department. He stated there are nine counties involved. Thet task force will work in Fayette tol help address drug activity. Chief. Jenkins said the only additional cost would be paying for the officers top participate int task force activities. After a general discussion, Councilmember Nichols moved the Council approve the City Police Department participating in the ALEA Drug Task Force. Upon the motion being seconded by Councilmember Whiteside, it was unanimously approved. FIRE DEPARTMENTI REPORT GRASS AND WEED NUISANCES Fire Chief Taylor presented the fire report for August 2021. The Fire Department received 16 Fire Chief Taylor reported there were six notices to abate weed and grass nuisances currently Mayor Northam presented Resolution 2021-101 to the Council for their consideration. Resolution ARESOLUTION DETERMINING THE COST AND ASSSESSING THE COST OF THE ABATING OF A WEED AND GRASS NUISANCE ON THE PROPERTY OF calls. pending. RESOLUTION 12021-10 RESOLUTION: 2021-10 ANNA REESE BENEFIELD. 2021-101 is asf follows: THE PUBLIC WELFARE REQUIRING. IT, and under authority granted by the Code of Alabama, 1975, BEIT SECTIONI. That upon evidence duly presented to and considered by it, the City Council does a. Pursuant to the Code of Ordinances for the City of Fayette, Alabama, the term "nuisance" shall RESOLVED BY THE CITY COUNCIL OF THE CITY OFI FAYETTE, AS FOLLOWS: hereby makea a finding and determination of the following facts: mean: "(8) Any growth of weeds, grass or other vegetable matter favorable to the harboring of vermin, mosquitoes or other insects of like kind. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or Provision was made in the Code of Ordinances for the fixing oft the cost reasonably incurred in the abating of weed and grass nuisances and for the said cost to be a lien against the property on Annal Reese Benefield (hereinafter referred to as the property owner) was notified by the Building Inspector that a weed and grass nuisance existed on her property located at 2209 gth Avenue SW, Fayette, Alabama (hereinafter referred toa as the premises) and that the nuisance was to be abated. The property owner did not abate the nuisance within the time period provided by the said The property owner having failed to comply with the Building Inspector's order; the City proceeded tol have the weeda and grass nuisance located on the premises abated. The cost ofa abating the weed and grass nuisance as reported to the Council was $250.12. SECTION2. That the Council hereby finds and determines that the costs that were reasonably insects ofl like kind withint the meaning oft this ordinance." b. C. d. e. f. whicht the nuisance was abated. Building Inspector. incurred int the abating oft the weed and grass nuisance was $250.12. SECTION3. That the amount of the lien against the property described below of Annal Reesel Benefield, SECTION4 4. That the name oft the property owner, ac description of the lot or parcel of land assessed for said abatement of the weed and grass nuisance, and the amount of such lien against the lot or parcel of be and the samei is hereby fixedi in the amount of$ $250.12. landf for said abatement is hereby determined, adjudged and fixed as follows, to wit: Name of Property Owner Annal Reese Benefield Amount of Assessment $250.12 Description of Property Assessed Lot Number Fifty-Nine (59) ofCircle Drive Estates Addition No. 1, according tot the map or plat of said subdivision, which is on file and of record in the Office of the Judge of Probate of Fayette County, Alabama, in Map Book Volume 1, at page 170, reference to the record of said map or plat being hereby made in aid of and as a part of this description. Situated, lying and beingi in Fayette County, Alabama. DONE this the ATTEST: City Clerk day of September, 2021. Mayor Councilmember Nichols moved the Council adopt Resolution 2021-10. Upon the motion being Mayor Northam presented Resolution 2021-11 to the Council for their consideration. Resolution AJ RESOLUTION: DETERMINING THE COST AND ASSSESSING THE COST OF THE ABATING OF A WEED AND GRASSI NUISANCE ON THEI PROPERTY OF seconded by Councilmember Whiteside, the same was unanimously adopted RESOLUTION2021-I1 RESOLUTION 2021-11 HAZELI L. SODERHOLM 2021-11 isa asf follows: THEL PUBLIC WELFARE. REQUIRING IT, and under authority granted by the Code of Alabama, 1975, BEIT SECTION. 1. That upon evidence duly presented to and considered by it, the City Council does Pursuant to the Code of Ordinances for the City of Fayette, Alabama, the term "nuisance" shall "(8) Any growth of weeds, grass or other vegetable matter favorable to the harboring of vermin, mosquitoes or other insects ofl like kind. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or Provision was made in the Code of Ordinances for the fixing of the cost reasonably incurred in the abating of weed and grass nuisances and for the said cost to be a lien against the property on Hazel L. Soderholm (hereinafter referred to as the property owner) was notified by the Building Inspector that a weed and grass nuisance existed onl her property located at 1511 2nd Avenue NW, Fayette, Alabama (hereinafter referred to as the premises) and that the nuisance was tol be abated. The property owner did not abate the nuisance within the time period provided by the said The property owner having failed to comply with the Building Inspector's order; the City proceeded tol have the weed and grass nuisance located on the premises abated. The cost ofa abating the weed and grass nuisance as reported tot the Council was $363.43. SECTION:2. That the Council hereby finds and determines that the costs that were reasonably RESOLVED! BYTHE CITY COUNCIL OF THE CITY OFI FAYETTE, AS FOLLOWS: hereby make ai finding and determination oft the following facts: mean: insects of like kind within the meaning oft this ordinance." b. C. d. e. f. which the nuisance was abated. Building Inspector. incurred in the abating oft the weeda and grass nuisance was $363.43. SECTION3. That the amount oft the lien against thej property described below ofHazell L. Soderholm, be SECTION4. That the name oft the property owner, a description of the lot or parcel of land assessed for said abatement of the weed and grass nuisance, and the amount of such lien against the lot or parcel of and the same isl hereby fixed int the amount of $363.43. landi for said abatement is hereby determined, adjudged and fixeda as follows, to wit: Name of Property Owner Hazel L. Soderholm Amount of Assessment $363.43 Description of Property Assessed Lot 21 of the F.M. Fowler Subdivision to the City of Fayette, Alabama, as recorded in Plat Book No. 6, Page 13 in the Office of the Judge of Probate of Fayette County, Alabama, and located in the East half of the NE of Section 31, Township 15 South, Range 12 West. Situated, lying and being within) Fayette County, Alabama. DONE this the ATTEST: City Clerk day of September, 2021. Mayor Councilmember Nichols moved the Council adopt Resolution 2021-11. Upon the motion being Mayor Northam presented) Resolution 2021-12 to the Council for their consideration. Resolution AF RESOLUTION DETERMINING THE COST AND ASSSESSING THE COST OF THE ABATING OF A WEED AND GRASS NUISANCE ON THE: PROPERTY OF seconded by Councilmember Whiteside, the same was unanimously adopted RESOLUTION 2021-12 RESOLUTION 2021-12 ANDREW T.I LEE ESTATE 2021-12 is asf follows: THE PUBLIC WELFARE REQUIRING IT, and under authority granted by the Code of Alabama, 1975, BEIT SECTION 1. That upon evidence duly presented to and considered by it, the City Council does a. Pursuant to the Code of Ordinances for the City of Fayette, Alabama, the term "nuisance" shall RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTE, AS FOLLOWS: hereby make ai finding and determination of the following facts: mean: "(8) Any growth of weeds, grass or other vegetable matter favorable to the harboring of vermin, mosquitoes or otheri insects of likel kind. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or Provision was made in the Code of Ordinances for the fixing of the cost reasonably incurred in the abating of weed and grass nuisances and for the said cost to be al lien against the property on Andrew T.Lee Estate (hereinafter referred to as the property owner) was notified by the Building Inspector that a weed and grass nuisance existed on his property located at 905 20th Street SW, Fayette, Alabama (hereinafter referred to as the premises) and that the nuisance was tol be abated. d. The property owner did not abate the nuisance within the time period provided by the said The property owner having failed to comply with the Building Inspector's order; the City proceeded tol have the weed and grass nuisance located ont the premises abated. The cost ofa abating the weed and grass nuisance as reported tot the Council was $459.78. SECTION2. That the Council hereby finds and determines that the costs that were reasonably insects ofl like kind within the meaning of this ordinance." b. C. which the nuisance was abated. Building Inspector. e. f. incurred in the abating oft the weed and grass nuisance was $459.78. SECTION3. That the amount of the lien against the property described below of Andrew T.Lee Estate, SECTION4. That the name oft the property owner, a description oft the lot or parcel of land assessed for said abatement oft the weed and grass nuisance, and the amount ofs such lien against the lot or parcel of be and thes samei isl hereby fixedi int the amount of $459.78. land fors said abatement isl hereby determined, adjudged and fixed as follows, to wit: Name of Property Owner Andrew T. Leel Estate Amount of Assessment $459.78 Description of Property Assessed A parcel ofl land located in the SW % of NE % of Section 13, Township 16 South, Range 13 West, Fayette County, Alabama, and beingr more particularly described as follows: Begin at an iron pin in the center line of gth Avenue SW and run in a westerly direction along the South side of 20th Street SW for a distance of 110 feet to a point, said point being the point of beginning; thence deflect an angle to the left of 90 degrees 00' fora distance of 125.0f feet toaj point; thence deflect an angle of 90 degrees 00 tot thel left fora distance until it intersects the West side of gth Avenue SW; thence run Northerly along the West side of gth Avenue SW until a point intersecting the South side of 20th Street SW; thence Westerly along the South side of 20th Street SW until reaching the point of Being aj portion of an unnumbered parcel of land located within Circle Drive Estates Addition No. 1 to the City of Fayette, Alabama, according to the map or plat of said subdivision whichi is on file and ofr record in the Office oft the Judge of] Probate of Fayette County, Alabama, in Map Book Volume 1 at page 170, reference to the record of said map or plat being hereby made in aid of and as aj part of this description. Situated, lying beginning. and! being within) Fayette County, Alabama. DONE this the_ ATTEST: City Clerk day of September, 2021. Mayor Councilmember Nichols moved the Council adopt Resolution 2021-12. Upon the motion being Mayor Northam presented Resolution 2021-13 tot the Council for their consideration. Resolution AJ RESOLUTION DETERMINING THE COST AND ASSSESSING THE COST OF THE ABATING OF A WEED AND GRASSI NUISANCE ON' THEI PROPERTY OF seconded by Councilmember Whiteside, the same was unanimously adopted RESOLUTION2021-13 RESOLUTION: 2021-13 2021-13 isa as follows: SHANE: FULTON. ANDI HEATHER FULTON THE PUBLIC WELFARE REQUIRING IT, and under authority granted by the Code ofAlabama, 1975, BEIT SECTION 1. That upon evidence duly presented to and considered by it, the City Council does Pursuant to the Code of Ordinances for the City of Fayette, Alabama, the term "nuisance" shall "(8). Any growth of weeds, grass or other vegetable matter favorable to the harboring of vermin, mosquitoes or other insects of like kind. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or Provision was made in the Code of Ordinances for the fixing of the cost reasonably incurred in the abating of weed and grass nuisances and for the said cost to be a lien against the property on RESOLVED! BY THE CITY COUNCIL OF THE CITY OF FAYETTE, AS FOLLOWS: hereby make ai finding and determination oft the following facts: mean: insects of like kind within the meaning oft this ordinance." b. which the nuisance was abated. C. d. e. f. Shane Fulton and Heather Fulton (hereinafter referred to ast the property owners) were notified by the Building Inspector that a weed and grass nuisance existed ont their property located at 519 3rd Avenue NW, Fayette, Alabama (hereinafter referred to as the premises) and that the nuisance was The property owners did not abate the nuisance within the time period provided by the said The property owners having failed to comply with the Building Inspector's order; the City proceeded tol have the weed and grass nuisance located ont the premises abated. Thec cost of abating the weed and grass nuisance asi reported tot the Council was $362.20. SECTION2. That the Council hereby finds and determines that the costs that were reasonably SECTION. 3. That the amount of the lien against the property described below of Shane Fulton and SECTION. 4. That the names oft the property owners, a description of the lot or parcel of land assessed fors said abatement oft the weeda and grass nuisance, and the amount ofs such lien against the lot or parcel of tob be abated. Building Inspector. incurred int the abating oft the weed and grass nuisance was $362.20. Heather Fulton, be and the samei isl hereby fixed int the amount of $362.20. landf for said abatement is hereby determined, adjudged and fixed as follows, to wit: Name of] Property Owner Shanel Fulton and Heather Fulton Amount of Assessment $362.20 Description of] Property Assessed AI lot or parcel ofl land, consisting ofa portion ofL Lot 100, Fayette Subdivision, as shown by map or plat of said subdivision of record in the Office of the Tax Assessor of] Fayette County, Alabama, the said portion of said lot herein referred to being more partiçularly described as follows: From aj point 15 feet Northerly from the Northeast corner of lot known as Jim Moore lot, and heretofore known as the Sant Fleming lot, which is hereinafter referred to as point of beginning; run thence North along the West edge of street or alley for a distance of7 75 feet; thence Westerly for a distance of1 1101 feet; thence Southerly fora a distance of75 feet; thence Easterly for a distance of1101 feet to the point AI lot or parcel ofl land consisting ofa portion of Lot 100, Fayette Subdivision as shown by map or plat of said subdivision of record in the Office of the Tax Assessor of Fayette County, Alabama, the said portion of said lot herein referred to being more particularly described as follows: From aj point located 15 feet Northerly from the Northeast corner of lot known as Jim Moore lot, and heretofore known as Sant Fleming lot, run in a Westerly direction along the South edge of said Lot 100 for a distance of110 feet to an iron stakel hereinafter referred to as point of beginning; runt thence Westerly for a distance of1 1001 feet to an iron stake; runt thencel Northerly fora a distance of75 feet to ani iron stake; runt thence Easterly fora a distance of 100 feet to ani iron stake; run thence Southerly fora distance of 75 feet to an iron stake hereinabove referred to as point of beginning. The lands referred toi in this paragraph measure 1001 feet East and West by 75 feet North and South and constitute the Western portion of said Lot 100, Fayette Subdivision, Fayette ofb beginning, and County, Alabama. Situated, lying and being within) Fayette County, Alabama. DONE this the ATTEST: City Clerk day of September, 2021. Mayor Councilmember Nichols moved the Council adopt Resolution 2021-13. Upon the motion being Mayor Northam presented Resolution 2021-141 to the Council for their consideration. Resolution seconded by Councilmember Campbell, the same was unanimously adopted RESOLUTION202114 2021-14 is as follows: RESOLUTION: 2021-14 AI RESOLUTION DETERMINING THE COST AND ASSSESSING THE COST OFTHE ABATING OF A WEED. AND GRASS NUISANCE ON THE PROPERTYOF SHAWN: LEONARD. ANDI RANDI LEONARD THE PUBLIC WELFARE REQUIRING IT, and under authority granted by the Code of Alabama, 1975, BEI IT SECTIONI. That upon evidence duly presented to and considered by it, the City Council does a. Pursuant tot the Code of Ordinances for the City of Fayette, Alabama, the term "nuisance" shall RESOLVED: BYTHE CITY COUNCIL OF THE CITY OF FAYETTE, AS FOLLOWS: hereby makea a finding and determination oft the following facts: mean: "(8), Any growth of weeds, grass or other vegetable matter favorable tot the harboring of vermin, mosquitoes or other insects of like kind. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or Provision was made in the Code of Ordinances for the fixing of the cost reasonably incurred in the abating of weed and grass nuisances and for the said cost to be a lien against the property on Shawn Leonard and Randi Leonard (hereinafter referred to as the property owners) were notified by the Building Inspector that a weed and grass nuisance existed on their property located at 632 2nd Avenue NE, Fayette, Alabama (hereinafter referred to as the premises) and that the nuisance d. The property owners did not abate the nuisance within the time period provided by the said The property owners having failed to comply with the Building Inspector's order; the City proceeded tol have the weed and grass nuisance located on the premises abated. Thec cost of abating the weed and grassi nuisance as reported to the Council was $348.20. SECTION2. That the Council hereby finds and determines that the costs that were reasonably SECTION3. That the amount of the lien against the property described below of Shawn Leonard and SECTION4. That the names oft the property owners, a description of the lot or parcel of land assessed for said abatement oft the weed and grass nuisance, and the amount ofs such lien against the lot or parcel of insects ofl like kind withint the meaning of this ordinance." b. C. whicht the nuisance was abated. was to be abated. Building Inspector. e. f. incurred int the abating of the weed and grass nuisance was $348.20. Randi Leonard, be and the samei isl hereby fixed in the amount of$348.20. land for said abatement is hereby determined, adjudged and fixed as follows, to wit: Name of Property Owner Shawn Leonard and Randil Leonard Amount of Assessment $348.20 Description of Property Assessed Al house and lot located at 826 North Aylette Street, situated, lying and being within the City ofFayette, Fayette County, Alabama, being more particularly described: as follows: Begin where the south right of way line of Stewart Street intersects the East right of way line of North Aylette Street; thence run East along the South right of way line of Stewart Street for a distance of 208.5 feet; thence run South and parallel to the East right of way ofl North Aylette Street for a distance of 208.5 feet tot the North line of Sullivan property; thence West along the North line of Sullivan lot a distance of 48 feet to the Southeast corner of the Ayres lot; thence North along the East end of the Ayres lot for a distance of 701 feet tot the Northeast corner ofs said Ayres lot; thence West along the North line of the Ayres lot a distance of 160 feet to the East right of way of North Aylette Street; thence North along the East right of way line ofl North Aylette Street for a distance of 138 feet to the point of beginning. SUBJECT TO existing easements. Situated, lying and being within] Fayette County, Alabama. DONE this the_ day of September, 2021. Mayor ATTEST: City Clerk Councilmember Nichols moved the Council adopt Resolution 2021-14. Upon the motion being Mayor Northam presented Resolution 2021-151 tot the Council for their consideration. Resolution AI RESOLUTIONI DETERMINING THE COST AND ASSSESSING THE COST OF THE ABATING OF A WEED AND GRASSI NUISANCE ON THE: PROPERTY OF seconded by Councilmember Williams, the same was unanimously adopted RESOLUTION 2021-15 RESOLUTION: 2021-15 BOMANI REALI PROPERTIES LLC 2021-15 is as follows: THE PUBLIC WELFARE. REQUIRING IT, and under authority granted by the Code of Alabama, 1975, BEIT SECTION. 1. That upon evidence duly presented to and considered by it, the City Council does a. Pursuant to the Code of Ordinances for the City of Fayette, Alabama, the term "nuisance" "(8) Any growth of weeds, grass or other vegetable matter favorable to the harboring of vermin, mosquitoes or other insects of like kind.. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or Provision was made in the Code of Ordinances for the fixing of the cost reasonably incurred in the abating of weed and grass nuisances and for the said cost to be a lien against the property on Boman Real Properties LLC (hereinafter referred to as the property owner) was notified by the Building Inspector that a weed and grass nuisance existed on its property located at 102 3rd Avenue SW, Fayette, Alabama (hereinafter referred to ast the premises) and that the nuisance was The property owner did not abate the nuisance within the time period provided by the said The property owner having failed to comply with the Building Inspector's order; the City proceeded tol have the weeda and grass nuisance located ont the premises abated. The cost of abating the weed and grass nuisance as reported tot the Council was $363.43. SECTION:2. That the Council hereby finds and determines that the costs that were reasonably SECTION3. That the amount of the lien against the property described below of Boman Real Properties, SECTION4. That the names of the property owners, a description of the lot or parcel of land assessed for said abatement of the weed and grass nuisance, and the amount ofs such lien against the lot or parcel of RESOLVED: BY THE CITY COUNCILOF1 THE CITY OF FAYETTE, AS FOLLOWS: hereby makea a finding and determination oft thei following facts: shall mean: insects of likel kind within the meaning of this ordinance." b. which the nuisance was abated. tol be abated. Building Inspector. d. e. f. incurred int the abating oft the weed and grass nuisance was $363.43. LLC, be and the same is hereby fixed int the amount of$ $363.43. land for said abatement isl hereby determined, adjudged and fixed as follows, to wit: Name of] Property Owner Boman Real Properties LLC Amount of Assessment $363.43 Description of Property Assessed Aj parcel of land located in Lot 1 of Block 13 of the. James Survey to the City of Fayette as recorded in Map Book 66 at page 601 of the Probate Record of Fayette County and Begin at the SE corner of Lot 1 of Block 13 of the James Survey which is the point of beginning; thence go Northerly along the East line ofLot 1 ofBlock 13 of James Survey, also being the West right of way line of2 2nd Avenue SW (Lindsey Street) for a distance of 100.00 feet to a point on the Southern right of way line of Alabama Highway 18 being described: asf follows: (Columbus Street West); thence turn an angle to the right of 100 degrees 19 minutes 11 seconds tot the chord of a curve and go westerly along the Southern right of way line of Alabama Highway 18 (Columbus Street West) for a distance of 94.82 feet to a point; thence turn an anglet to the right from al backsite of81 degrees 42 minutes 59 seconds and goa distance of 19.97 feet tot the corner ofa chain link fence; thence turn an angle to the right from a backsite of 261 degrees 31 minutes 26 seconds and go along chain link fence for a distance of 47.48 feet to fence corner; thence turn an angle to the right from a backsite of 94 degrees 25 minutes 54 seconds and go along a chain link fence for a distance of 85.05 feet to a chain link fence post on the North right of way line of James Street (Martin Luther King Drive); thence turn an angle tot the right from al backsite of94 degrees 47 minutes 12 seconds and go along the North right of way line of James Street (Martin Luther Kingl Drive) fora distance of 138.361 feet tot the point of beginning. SUBJECT TO the boundary line agreement between Willinel Wheeler Davis Estate and Shelby Moore, dated November 11, 2013 and recorded in Deed Record Volume 2013 at page 3913. DONE thist the ATTEST: City Clerk Situated, lying and being within Fayette County, Alabama. day of September, 2021. Mayor Councilmember Nichols moved the Council adopt Resolution 2021-15. Upon the motion being Mayor Northam recommended the Council reschedule the public hearings on the request for street vacations to October 12, 2021. Councilmember Nichols moved the public hearings on the request for street vacations filed by Showa Best Glove and Golden Eagle Syrup Company be rescheduled for October 12, 2021. Upon the motion being seconded by Councilmember Whiteside, the same was seconded by Councilmember Campbell, the same was unanimously adopted PUBLCHEARINGON: STREET VACATION RESCHEDULED unanimously approved. PURCHASEOF CITYSHOP] PROPERTY Mayor Northam reported the owners of the property that the City leases for the City Shop, had agreed to sell this property to the City for $50,000.00. Councilmember Campbell moved the City purchase this portion of the City Shop property for $50,000.00. Upon the motion being seconded by Councilmember Williams, the following vote was taken: AYES: Mayor Northam, Councilmembers Whiteside, Campbell and' Williams NAYS: Councilmember Nichols Mayor Northam stated the motion passed. TREES NORTHOF AIRPORT Mayor Northam reported because of safety concerns with the height of trees north of the airport, the City approached the property owner about cutting some of the trees onl his property. Hel has agreed for the trees tol be cut. Mayor Northam said the City will obtain at temporary easement from the landowner before the tree cutting takes place. Councilmember Whiteside moved the Council authorize the cutting of the trees upon an easement being obtained. Upon the motion being seconded by Councilmember Campbell, the same was unanimously approved. PARADE] PERMIT Mayor Northam presented to the Council a request for a parade permit for the FCHS Homecoming parade tol be held on September 24, 2021. Councilmember Whiteside moved the permit be granted. Upon the motion being seconded by Councilmember Campbell, it was unanimously approved. Mayor Northam presented to the Council a request for a parade permit for thel Frog Level Festival to be held on October 1 and October 2, 2021. Councilmember Campbell moved the permit be granted. Upon the motion being seconded by Councilmember Whiteside, it was unanimously approved. PARADE PERMIT PARADE PERMIT Mayor Northam presented to the Council a request for a parade permit for the Frog Level 5K run to be held at Guthrie Smith Park on October 2, 2021. Councilmember Campbell moved the permit be granted. Upon the motion being seconded by Councilmember Nichols, it was unanimously approved. PARADEPERMIT Mayor Northam presented to the Council a request for a parade permit for the Encore "Great Pumpkin" Run to be held on October 23, 2021. Councilmember Campbell moved the permit be granted. Upon the motion being seconded by Councilmember Whiteside, it was unanimously approved CIVIC CENTER BOARD REAPPOINTMENT Mayor Northam stated he had received a request from the Civic Center Board requesting Mrs. Libby Kimbrell be reappointed to the board for a four year term. Councilmember Williams moved Mrs. Libby Kimbrell be reappointed to the Civic Center Board. Upon the motion being seconded by Councilmember Whiteside, the same was unanimously approved. COMMUNITY SERVICES PROGRAMS OF WEST ALABAMA APPOINTMENT Mayor] Northam stated it had been recommended that hel be appointed to the Community Services ofWest Alabama boardt tor replace former Mayor Ray Nelson. Councilmember Nichols moved that Mayor Rod Northam be appointed to the Community Services Programs of West Alabama board. Upon the motion being seconded by Councilmember Williams, the same was unanimously approved. being seconded by Councilmember Campbell, the same was unanimously approved. APPROVALOEFINANCIMANCIALSTATEMENT Councilmember Whiteside moved the City's financial statement be approved. Upon the motion Councilmember Campbell moved thel Municipal Court financial statement be approved. Upon the Councilmember Campbell moved the Park & Recreation financial statement be approved. Upon Mayor Northam stated there were. jobs available with the City. Thej jobs available are a firefighter City Clerk Dawn Clapp reported for the month of August, the City received $251,217.00 in non- designated sales tax and the Yaf sales tax for the hospital generated $40,483.00 for a combined total of $291,501.00. She reported the City received $11,655.00 in alcohol taxes. She also reported the City APROVALOEMUNICIUNCPALOURIFINANCIALSTATEMENT APPROVAL OF] PARK & RECREATION FINANCIAL STATEMENT motion being seconded by Councilmember Whiteside, the same was unanimously approved. the motion being seconded by Councilmember Whiteside, the same was unanimously approved. REPORT OFN MAYOR position, two Street and Sanitation Department positions and ap police officer position. REPORT OF CITY CLERK received $21,766.00 in online sales tax. EXECUTIVESESSION Councilmember Nichols moved the Council go into executive session to discuss with their attorney the legal ramifications of and legal options for controversies not yet being litigated but imminently likely to be litigated. The City Attorney stated this exception was applicable to the planned discussion. Upon the motion being seconded by Councilmember Campbell, it was unanimously approved. Councilmember Whiteside moved the Council come out of executive session. Upon the motion being seconded by Councilmember Campbell, the same was unanimously approved. ADJOURNMENT There being no further business to come before the Council, upon the motion to adjourn being made by Councilmember Whiteside and seconded by Councilmember Campbell, it was unanimously approved. Mayor Attest: City Clerk