City Hall Fayette, Alabama January 27, 2020 As special meeting of the City Council of the City of Fayette met at 5:00 o'clock, p.m. on. January Upon roll call the following were found to be present: Mayor Ray Nelson, Councilmembers Lindal McCraw, Eddy Campbell, Jason Cowart, Cedric Wilson and. Jerry Nichols. Also present were City Attorney Dale Lawrence, City Clerk Dawn Clapp, Police Chief Danny Jenkins and Fire Chief Shannon 27,2020, int the Council Chambers oft the City Hall. Taylor. The opening prayer was given by Mayor Ray Nelson. Mayor Ray Nelson announced a quorum was present and the meeting was open for the Councilmember Wilson moved the minutes of the special meeting held on December 20, 2019, bea approved. Upont the motion being seconded by Councilmember Cowart, it was unanimously approved. Councilmember Nichols moved the minutes of the work session held on. January 7, 2020, be approved. Upon the motion being seconded by Councilmember Wilson, it was unanimously approved. transaction ofbusiness. APPROVALOFN MINUTES GUESTS APPEARING BEFORE COUNCIL 1. HEATHNAILS - Fayette County High School Band Director Mr. Heath Nails, Fayette County High School Band Director, spoke to the Council concerning upcoming performances by the FCHS Band. He said the band will perform at State band competition and at an invitational competition at the University of Alabama. He stated the band was raising funds to purchase concert band uniforms. The uniforms consist ofat tuxedo for the males and a formal dress for the females. He said their goal was tor raise $5,000.00 andt they were within $500.00 oft their goal. He said the $5,000.00 would outfit the current students, however, some extra uniforms and additional sizes were needed. He reported the tuxedos cost $110.00 each and the dresses cost $70.00 each. Councilmember Cowart moved the City give $1,000.00 to the FCHS Bank program to purchase concert band uniforms. Upont the motion being seconded by Councilmember McCraw, the same was unanimously approved. 2. SUNDAY ALCOHOLSALES . BRO. SCOTTDAVIS- - Pastor of Fayette First Baptist Church Bro. Scott Davis spoke to the Council concerning Sunday alcohol sales. He was opposed to Sunday alcohol sales. He said the Bible has scripture that addresses the right thing to do. He said Sunday alcohol sales are not a wise thing to do. He stated there will be little financial benefit to the City. He said it was the Council's responsibility to regulate alcohol sales as representatives of the citizens instead of allowing the citizens to vote oni it. He encouraged the Council to vote no on the proposed ordinance. b. MIKEI EMMANUEL- Director of Restoration Springs Mr. Mike Emmanuel, Director of Restoration Springs, spoke tot the Council about Sunday alcohol sales. He stated prior to coming to Fayette he was the director of the Foundry farm and prior to that he was an alcoholic for twenty years. He stated in the town he lived in, alcohol sales were legal Monday through Saturday but dry on Sunday. He: said Sunday was the day where he could prove tol himself that he did not have to drink. He said alcohol cost him everything. He encouraged the Council to vote no on the proposed ordinance. C. REV.CURRY BENNETT- Pastor of Shady Grove Baptist Church Rev. Curry Bennett spoke to the Council concerning the proposed Sunday alcohol sales ordinance. He saidt the two words that came to his mind were family and finances. He asked which was more important, family orf finances. He was opposed tot the Sunday alcohol sales. ORDINANCE: 2020-02 Mayor Nelson presented Ordinance 2020-02 to the Council for their consideration. Ordinance 2020-02 is as follows: ORDINANCENO. 2020-02 AN ORDINANCETOSET. A MUNICIPAL OPTION ELECTION FOR THE CITY OFI FAYETTETO DETERMINE THE SENTIMENT OF THEI PEOPLE. ASTO WHETHER ORI NOT TO ALLOW. ALCOHOLIC BEVERAGESTOI BES SOLD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE, WHEREAS, on June 22, 2010, a municipal option. election concerning the legal sale and distribution of alcoholic beverages within the City was held and. the majority of the votes cast in the municipal option election were "yes" in favor of the legal sale and distribution of alcoholic beverages WHEREAS, based upon the results oft the municipal option election the City of Fayette became a WHEREAS, pursuant to Act 2019-100 ( $28-3-25 of the Code of Alabama) the governing body ofa any wet municipality, by ordinance, may require a referendum tol be held to determine whether Sunday sales ofalcohol shall bej permitted in the municipality and upon passage oft the ordinance the municipality NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF 1. The City of Fayette sets the date of August 25, 2020, as the date for a municipal option election to determine the sentiment oft the people ast to whether or not alcoholic beverages can 2. The ballot to be used for suchr municipal option election shall contain the following question: "Do you favor the legal sale and distribution of alcoholic beverages on Sunday within this 3. The City of Fayette shall appoint officers to conduct said municipal option election prior to 4. Pursuant to $11-46-21 and $11-46-22 of the Alabama Code, notice of this special election ON SUNDAY: IN THE CITY OF FAYETTE ALABAMA, as follows: within the City of Fayette; and, wet municipality; and, shalll hold the referendum. FAYETTE, as follows: be legally sold or distributed on Sunday int the City of] Fayette. municipality? YES the election. NO_ shall be published int the local newspaper int the following manner: "NOTICE OF SPECIAL OPTIONI ELECTION Notice is hereby given that on Tuesday, the 25th day of August, 2020, an election. for the City of Fayette shall be held to determine the sentiment of the people as to whether or not alcoholic beverages can be legally sold or distributed on Sunday in the City of1 Fayette. All registered and qualified electors of the state, who reside within the corporate limits of Fayette, Alabama, and have resided therein for 30 days or more immediately preceding the date ofthe The polls will be opened at the Fayette Civic Center from 7:00 a.m., CST election, will be authorized. to1 vote. until 7:00 p.m., CST. Ray Nelson, Mayor for the City of Fayette ADOPTEDANDANDAPPROVED ont thist the of. January, 2020. Mayor ATTEST: City Clerk Councilmember Wilson moved the Council give unanimous consent to consider Ordinance 2020- 02. Upon the motion being seconded by Councilmember McCraw, the same was unanimously approved. Mayor Nelson stated his father was an alcoholic and hes saw what ito did tol him and their family. Councilmember Wilson said he felt the people of Fayette should decide whether Sunday alcohol sales are allowed ori not instead oft the Council: making the decision. Councilmember Nichols said he was not in favor of Sunday alcohol sales but he felt the citizens Councilmember Cowart said he believed the people should vote on it. He said he appreciated the Councilmember McCraw said she was against it and believed that Sunday should still be set Councilmember Campbell said he would have to vote his conscious. He said he talked with many Councilmember Cowart moved the Council adopt Ordinance 2020-02. Upon the motion being should bea able tos vote oni it. He said ity was about the vote and not the revenue. religious arguments but hea also believed ini freedom. aside. people about this and none of them asked] him to vote fori it. seconded by Councilmember Nichols, the following vote was taken: AYES: NAYS: Councilmembers Cowart, Nichols and Wilson Mayor Nelson, Councilmembers McCraw and Campbell Mayor Nelson stated the Ordinance failed toj pass. CITYSTREETLIGHTPROPOSAL Alabama Power Company representative Stephanie Hudson spoke to the Council concerning street lighting near Walmart. She said there would be fixtures placed on every other pole for a total of seven. She stated additional wire would have tol be run tot the poles for the lights. The cost to the City to pay for the wire upfront would be $5,293.18, then $198.88 monthly for the lights. Ift the cost of the wire was not paid upfront then the monthly payment, including the cost oft the wire would be $335.23. Councilmember Cowart moved to proceed with the lighting upgrade at Walmart and pay for the additional wire upfront. Upon the motion being seconded by Councilmember Nichols, the same was Ms. Hudson stated Alabama Power had made aj proposal to convert all City street lights tol LEDat no cost tot the City. This changeover process could lower the monthly cost to the City. Every LED light pole will have a number on it. Councilmember Cowart moved the City enter into a lease agreement with Alabama Power Company to convert all the City street lights tol LED. Upon the motion being seconded unanimously approved. by Councilmember Wilson, thes same was unanimously approved. ORDINANCE2020-01 Mayor Nelson presented Ordinance 2020-01 to the Council for their consideration. Ordinance AN ORDINANCE FIXING THE: SALARY OF THEI MAYOR FOR THE TERM COMMENCING 2020-01 is asf follows: ORDINANCEI NO. 2020-01 NOVEMBER 2, 2020. BEI ITORDAINED! BY THE CITY COUNCIL OF THE CITY OF FAYETTE, ALABAMA,AS SECTIONI. $2-16 of the Code of Ordinances for the City of Fayette, Alabama, is hereby The salary of the Mayor of the City of Fayette, Alabama, for the term commencing November 2, 2020, for the performance of his duties as Mayor is hereby fixed and established at the sum of $62,000.00 per annum, payable in equal monthly installments". SECTION2. All ordinances or parts of ordinances in conflict with this ordinance are hereby SECTION3. This ordinance shall take effect and bei ini force from and after its adoption by the FOLLOWS: amended by deleting the entire section and substituting the following therefor, viz: "$2-16: Mayor- Salary This isaf fullt time position. repealed. City Council and its publication as prescribed by law. ADOPTED on this the 27h day ofJ January, 2020. Mayor ATTEST: City Clerk Councilmember McCraw moved the Council give unanimous consent to consider Ordinance 2020-01. Upon the motion being seconded by Councilmember Campbell, the same was unanimously approved. Councilmember Campbell moved that Ordinance 2020-01 be adopted. Upon the motion being seconded by Councilmember Wilson, the following vote was taken: AYES: NAYS: Councilmembers McCraw, Campbell, Cowart and Wilson. Councilmember Nichols ABSTAIN: Mayor Nelson Mayor Nelson stated the Ordinance passed. Councilmember Cowart said hel had received several phone calls concerning raising the Mayor's salary and the callers were opposed toi it. He said many citizens do not realize all the responsibilities the Mayor has, particularly in the area of economic development. He said in order to keep the City's momentum going, he thought there should be an incentive for individuals to seek the Mayor's position. Councilmember Nichols said the median income for a family in Fayette is approximately Police Chief Danny Jenkins presented the police report for the month of December 2019. The report was ast follows: 41 incidents investigated; 18 accidents; 741 traffic citations; and 62 arrests. Fire Chief Shannon Taylor presented the fire report for the month of December 2019. The Fire Department received 27 calls. He stated the Fire Department received at total of277 calls for 2019. Councilmember Cowart moved the Council proceed with the Firefighter Cancer Policy. Upon the motion being seconded by Councilmember Campbell, the same was unanimously approved. Hes said sometimes you get what you) pay for. $37,000.00 and he felt a salary of$62,000.00 for the mayor was too much. POLICEDEPARIMENT REPORT FIREI DEPARTMENT REPORT FIREFIGHTER CANCER POLICY PROJECTUPDATE Mayor Nelson updated the Council on the City's projects. The update was as follows: 1.251h Street and gth Avenue repaving project: The paving is complete under budget. Striping, pavements markers and shoulder material are still tol be done. Final construction cost will be around $180,000 which is approximately $50,000 Total completion goal is February 29, 2020. 2. Industrial Park Pumping Station and Sewer Line Repair Project Thej preconstruction conference was held on. January 14, 2020. Ther materials aret to arrive on-site on. January 27,2020 The work is scheduled tol begin on February 3,2020 The City has been awarded a $250,000 grant for this project Bidding and Construction Engineering. The goal for the Letting Date isl late March 2020. 3. Paving ofl MLK Drive and 10th Street Thet total cost is expected to be around $500,000-$573,000; this includes Design, The Council discussed the design phase for the Martin Luther King Drive and 10t Street paving project. Councilmember Wilson moved the Council approve the design phase and proceed with the Martin Luther King Drive and 10t Street paving project. Upon the motion being seconded by Councilmember Campbell, thes same was unanimously approved. CITYAUDIT Mr. Rick McCabe reviewed with the Council the audit for fiscal year 2019. He reported the The City's net worth totaled $25.1 million as of September 30, 2019. An increase of $899,300 He said the local economy continues to thrive the City's sales tax revenues and business licenses increased from 2018 and continue to exceed budgeted amounts. Sales tax revenues are approximately 49% oft the City'st total revenue, excluding grants and are responsible for fundinga a large portion ofthe City's operations. The City's sales tax revenue was approximately .6% higher The City's total capital assets, before accumulated depreciation, totaled approximately $40 Since 2000 the City has received grants funds exceeding $15 million which have been used on a number ofp projects relating to improvements and renovations of the City. During fiscal 2019, the The City's fiscal 2019 audit reflects a net surplus, totaling $899,332. After deducting the federal The City's total cash in the bank, including reserves and investments, totaled $4,763,508 as of The 20201 budget will continue tor reflect the strong financial position oft the City. Mr. McCabe said the goal is for the City to live within its general fund so the reserves can be Councilmember Campbell moved to approve the 2019 City Audit as presented. Upon the motion City Clerk Dawn Clapp reported for the month of December, the City received $224,333.00 in non-designated sales tax and the Vaf sales tax for the hospital generated $36,048.00 for a combined total following: Overall the City experienced significant growth during 2019. from 2018. in 20191 than in 2018. This equates to ani increase ofa approximately $20,000 million as of September 30, 2019. City expended federal grant funds totaling $736,864. grant awards the City's net surplus for 2019t totaled $162,468. September 30, 2019. built up. being seconded by Councilmember McCraw, the same was unanimously approved. REPORTOFCITYCLERK of$260,381.00. She stated the City received $6,931.00 in alcohol taxes. APPROVALOFI EINANCIALSTATEMENT Councilmember Cowart 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 There being no further business to come before the Council, upon the motion to adjourn being made by Councilmember Wilson and seconded by Councilmember Cowart, it was unanimously approved. beings seconded by Councilmember Wilson, the same was unanimously approved. APPROVALOEMUNCEAL COURTFINANCIALSTATEMENT APPROVAL OF PARK & RECREATION FINANCIALSTATEMENT motion being seconded by Councilmember Campbell, the same was unanimously approved. motion being seconded by Councilmember Wilson, the same was unanimously approved. ADJOURNMENT Mayor Attest: City Clerk