City Hall Fayette, Alabama October 13,2 2020  A regular meeting of the City Council of the City of Fayette met at 5:00 o'clock, p.m. on October Upon roll call the following were found to be present: Mayor Ray Nelson, Councilmembers Linda McCraw, Eddy Campbell, Jason Cowart, Cedric Wilson and. Jerry Nichols. Also present were City Clerk Dawn Clapp, City Attorney Dale Lawrence, Police Chief Danny Jenkins, Fire Chief Shannon Taylor, Street Superintendent Marty Weeks and Wastewater Superintendent John Dill.  13,2020, int the Council Chambers oft the City Hall.  The opening prayer was given by Mayor-elect Rod Northam.  Mayor Ray Nelson announced a quorum was present and the meeting was open for the The Council canvassed the election returns for the City Run-Off Election held on October 6, 2020, andi the result of the election is as set out inl Resolution 2020-08. Resolution 2020-08 is as follows:  transaction oft business.  CANVASS OF RUN-OFF ELECTION  RESOLUTION: 2020-08  WHEREAS, the run-off election for the City of Fayette, Alabama, was duly and legally held on WHEREAS, the municipal governing body of the City of Fayette, Alabama, met ont this the 13th day of October, 2020, at 12:00 o'clock p.m., and has canvassed the returns, and has ascertained and WHEREAS, the said municipal governing body has ascertained and determined the results ofs said  October 6, 2020, as provided by law; and,  determined the number of votes received by each candidate; and,  election as follows:  FOR COUNCILMEMBER. WARDNO.1  Name of Candidate Stevel Herring Virettia L. Whiteside  Regular Absentce Provisional 13 126  Total 104 185  91 58  0  NOW,THEREFORE, bei iti resolved by the City Council oft the City of Fayette, Alabama, asi follows: Councilmember, Ward No. 1 and is thereby declared duly elected to the office for the term beginning on  That Virettia L. Whiteside received a majority of the votes cast for the Office of  the first Monday inl November, 2020.  ADOPTED, this the 13th day ofOctober, 2020.  Mayor  ATTEST:  City Clerk  Councilmember Wilson moved that Resolution 2020-08 be adopted. Upon the motion, being The Clerk was directed toi issue a Certificate of Election to Virettia L. Whiteside to the Office of Councilmember Nichols moved the minutes of the meetings held on September 22, 2020, be approved. Upon the motion being seconded by Councilmember Campbell, it was unanimously approved. Mayor Nelson presented to the Council a request for parade permit for the Fayette First Baptist Church "Drive Thru Trunk or Treat" to be held on October 31, 2020, from 4:00 p.m. to 6:00 p.m.  seconded by Councilmember Campbell, the same was unanimously adopted  Councilmember, Wardl No. 1; and, that the same be made a part of the minutes of this meeting.  APPROVALOFI MINUTES  PARADEI PERMIT    Councilmember Cowart moved the permit be granted. Upon the motion being seconded by  Councilmember Nichols, the same was unanimously approved.  2021 BUDGET. APPROVED  Mr. Rick McCabe reviewed with the Council the proposed 2021 Budget. He said the budget Budget includes $185,000.00 per months in sales tax. Average collections to date of approximately $250,000.00. Note that the budget includes an additional line item for the sales tax increase dedicated to the Fayette Medical Center Board of $430,000 with an appropriation line Includes across the board pay increases of2 2%. Total budget impact of approximately $48,440. Includes capital expenditures totaling $586,000, excluding grant projects, ifany. Included within capital expenditures aret the monthly note/lease payments for a trackhoe and garbage truck. Appropriations for the Schools and Air Evac memberships are included within the budget, Total budgeted surplus of $171,558. After deducting restricted revenues, there is an unrestricted The total budged revenues are $6,577,629.42 and total budgeted expenses are $6,406,071.66 leaving a surplus of $171,557.76. Councilmember Campbell spoke concerning the budgeting process. Hes stated members oft the incoming Council were invited to attend the Budget Committee meetings. Councilmember Cowart moved to approve the 2021 Budget as presented. Upon the motion being Police Chief Danny Jenkins presented the police report for the month of September 2020. The report was as follows: 33 incidents investigated; 12 accidents; 531 traffic citations; and 83 arrests. Police Chief Jenkins recommended the Mayor hire Mr. Ronnie Earnest as a full-time police officer. Mr. Earnest is APOST certified. Mayor Nelson informed the Council he would hire Mr. Earnest upon obtaining the consent of the Council. Councilmember Cowart moved the Council consent to the Mayor hiring Mr. Ronnie Earnest as a full-time police officer. Upon the motion being seconded by  includes certain key assumptions and significant changes and they are as follows:  item of $430,000.  Alcohol taxes of $8,000 restricted for paying note payment. Does not include street paving. Includes $25,000.00 for patching. Includes match requirements for the Rails to Trails of $100,000. Includes $10,000 match for the SHOWA construction project.  unrestricted.  budgeted surplus of $30,068.00.  seconded by Councilmember Wilson, the same was unanimously approved.  POLICEDEPARTMENT REPORT  HIRING OF POLICEOFFICER  Councilmember Nichols, the same was unanimously approved.  FIRE DEPARTMENTREPORT STATEAMINDMENTONE  Fire Chief Shannon Taylor presented the fire report for the month of September 2020. The Fire Fire Chief Taylor explained the effect oft the proposed State Amendment One on the City. He said itv will be a3 mill tax on real estate. For Fayette County, this will result in an additional $389,299.00 of taxes being collected. He said citizens of the City will pay $116,000.00 in additional taxes and the City will receive $27,000.00 ofi it. He said the City's citizens will be paying for the services for someone else.  Department received 21 calls.  Ifitp passes, a City resident willy pay 41 mills inj property taxes.  SURPLUS PROPERTY  Councilmember Cowart moved to declare the following as surplus property and sell it to the 1. 1991 Ford F350 service truck 24,895 miles with auto crane air compressor and tool bed  highest bidder. The surplus property is follows: 3. 1997 Ford F150 pickup truck 4. BH26 bush hog 5. BH261 bush hog  2. 2000 GMC:2500 Sierra- - 120,000 miles with tool bed    6. Bad Boy Outlaw XP 54" cut mower 9341 hours 7. Husquavarna LZ5227 52" cut mower- 12351 hours 8. Steam cleaner pressure washer 9. London Fog bug sprayer 10. 2007 Wacky Packer 11. 6" box blade 14. Snap On Mig welder 15. Hobart stick welder 17. Gas pump with hose reel  12. White Industries Refrigerant Recovery Recycling Center 13. Snap On counselor Digital Osciloscope Model #MY1665 16. Caterpillar 312 BI track excavator-4 4,943 hours  Upon the motion being seconded by Councilmember Wilson, the same was unanimously City Mechanic Curt Moore reported the leaf machine had broken down. He stated a new leaf Mayor Nelson presented Ordinance 2020-05 to the Council for their consideration. Ordinance AN ORDINANCE, AMENDING SECTION: 3A-79 (a)(13)(b) OFI DIVISIONZ,LICENSE, OF ARTICLEI LALCOMOLICBEVERAGE: CONTROL OF CHAPTER3A,ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OFI FAYETTE BEITORDAINED, BY THE CITY COUNCIL OF THE CITY OF FAYETTE, ALABAMA,as SECTION1. That Subparagraph (13)(b) of Paragraph (a) of Section 3A-79, City alcohol license fees and requirements, of Division 2, License, of Article I, Alcoholic Beverage Control of Chapter 3A, Alcoholic Beverages of the Code of Ordinances oft the City of Fayette, be and the same is hereby amended to include the "(13B). Special retail liquor license for on-premises consumption- more than 30 days (160). (I) Except as set forthi inj Paragraph (2) below, each person who has obtained a special retail liquor license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (Code ofA Ala. 1975, $28-3A-1 ets seq.)s shall pay tot the City a license fee of $20,000.00 whent the period of use is more than 30 days. In addition tos said statedl license fee, (I)eachs such person shall pay tot the City 50 percent oft the amount charged for state wine license by the state. Ina addition tot the stated license fee, (2) each such person shall pay to the City, on or before the 15th day oft the calendar month next succeeding eachs separate subject month, for the privilege of sO engaging ins such business ins said subject month, an additional license tax of 15 percent of the monthly gross receipts derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month. The following shall apply  approved.  LEAFI MACHINE ORDINANCE2 2020-05  machine would cost $67,000.00. He statedt the parts toi fix it would cost $3,000.00 to $6,000.00.  2020-05 is asi follows:  ORDINANCE. NO. 2020-05  follows:  following section, viz:  tot the applicant for a special event retail liquor license: a. Submitt the required filing fee ($75.00). b. Receive approval from the City Council. C. Receive license from state alcoholic beverage control board. d. Pay the required license fee ($20,000.00). e. No sale of alcohol is tol be sold during a special event on any Sunday after 12:00 a.m. f..Shall be required to purchase the alcoholic beverages from a wholesale licensee of the state alcoholic beverage control board. g.? Nos sale ofa alcohol for off premises consumption is allowed. h." The applicant and the event location shall meet all oft the criteria and comply with all the requirements ofa class II club retail liquor licensee including the: zoning requirements before the aboves special event license shall be granted and issued. i. No one under the age of21 shall be allowed to attend or be on premises. j. Must obtain certification through the Alabama Responsible Vendor  Program before license is issued.  (2) (a) Each person who is operating a Hotel asl hereinafter defined andi is obtaining thes special retail liquor license inc ordert tos sell ands serve alcohol ata a hotel and has obtaineda    special retaill liquor license from the state alcoholic beverage control board under the Alcoholic Beveragel Licensing Code (Code of Ala. 1975, $28-3A-1 ets seq.) shall pay tot the City a license fee of $500.00 when the period of usei ist more than 30 days. Ina addition tos said stated license fee, (I)each such! person shall pay tot the City fifty percent (50%) of the amount charged for state winel license by the state. In addition tot the stated license fee, (2) each such person shall pay to the City, on or before the 15th day oft the calendar month next succeeding each separate subject month, for the privilege ofs so engaging ins such business ins said subject month, an: additional license tax of six percent (6%) oft the monthly gross receipts derived from the sale ofall alcoholic beverages, except beer and table wine, received during suchi immediate next preceding calendar month. Thei following shall apply tot the applicant for a special event retail liquor  license: a. b. C. d. e. g. h.  Submit the required filing fee (S300.00). Receive approval from the City Council. Pay the required license fee ($500.00). Nos sale ofa falcoholi ist tol bes sold during a special event except during authorized hours ass set for in $3A-9. f. Shall be required to purchase the alcoholic beverages from a wholesale licensee oft the state alcoholic beverage control board. Nos sale ofalcohol for off premises consumption is allowed. The applicant and the event location shall meet all of the criteria and comply with allt the requirements ofal Restaurant, class III licensee including the: zoning requirements before the aboves special event license shall be granted and issued with the following exceptions: (1) no minimum meal per day requirement; (2) food sales in: any 90-day period must equai twenty percent (20%) of gross Must obtain certification through the Alabama Responsible Vendor  Receive license from state alcoholic beverage control board.  revenue off food and beverage operation. Program before license isi issued.  i.  (b) For purposes oft this subparagraph a "Hotel" is hereby defined as "A commercial establishment providing paid lodging and other guest services by transient lodgers ona short term basis that must have a minimum of fourteen (14) individual rooms each having private bathroom facilities. All rooms must be contained and located in one building with the rooms being only accessed through doors opening into the interior of the building. No  rooms shall be accessed by an exterior door.  SECTION2. This Ordinance shall become effective on publication.  ADOPTED on this_  day ofOctober, 2020.  Mayor  Attest: City Clerk  Councilmember Cowart moved the Council give unanimous consent to consider Ordinance 2020- 05. Upon the motion being seconded by Councilmember McCraw, the same was unanimously approved. Councilmember Nichols moved the Council adopt Ordinance 2020-05. Upon the motion being Councilmember McCraw moved the City's financial statement be approved. Upon the motion Councilmember Nichols moved the Municipal Court financial statement be approved. Upon the Councilmember Cowart moved the Park & Recreation financial statement be approved. Upon the  seconded by Councilmember Cowart, the: same was unanimously approved.  APPROVALOF MANCIALSTATEMENT  being seconded by Councilmember Wilson, the same was unanimously approved.  APPROVALOFI MUNICIPAL COURT EIMANCIALSTATEMENT APPROVAL OF PARK & RECREATION INANCALSIAIEMENT  motion being seconded by Councilmember Campbell, thes same was unanimously approved. motion being seconded by Councilmember Campbell, the same was unanimously approved.    REPORTOF CITY CLERK  City Clerk Dawn Clapp reported for the month of September, the City received $237,361.09 in non-designated sales tax and the Yp sales tax for the hospital generated $38,123.01 for a combined total of $275,484.70. Shes statedt the City received $17,709.60 in sales tax from online sales. She reported the City Clerk Dawn Clapp stated $462,866.00 will be the amount given to the Fayette County There being noi further business to come before the Counçil, upon the motion to adjourn being made by Councilmember Wilson and seconded by Councilmember Cowart, it was unanimously approved.  City received $7,214.00 ina alcohol taxes.  Hospital Board for capital projects at the Fayette Medical Center.  ADJOURNMENT  Mayor  Attest:  City Clerk