City Hall Fayette, Alabama September 10, 2019 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 Ray Nelson, Councilmembers Lindal 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 and Fire Chief Shannon September 10, 2019, int the Council Chambers oft the City Hall. Taylor. The opening prayer was given by Councilmember Eddy Campbell. Mayor Ray Nelson announced a quorum was present and the meeting was open for the Councilmember Wilson moved the minutes of the regular meeting held on August 27, 2019, be approved. Upon the motion being seconded by Councilmember Nichols, it was unanimously approved. transaction oft business. APPROVAL OF MINUTES GUESTSAPPEARINGI BEFORE COUNCIL 1.M MR.GARVIN SMITH- ALABAMA SUNSHINE. Mr. Garvin Smith spoket tot the Council concerning recycling. He stated the local recycling center hads stopped taking cardboard and #2 plastics. He saidi it was an environmental issue and a business issue. The environmental issue is the cardboard and plastics are now being taken to a landfill instead of recycled. The business issue ist that iti is worth paying someone to dispose of the cardboard instead oft the business having to doi it. Mayor Nelson said hei isl looking foras solution tot this problem. 2. PASTOR SCOTTDAVIS- -1 FAYETTE: FIRSTI BAPTIST CHURCH. Bro. Scott Davis of Fayette First Baptist Church spoke to the Council concerning Sunday alcohol sales. He said he was opposed to the Sunday alcohol sales and to any expansion of it. He asked the Council to vote ont the proposed ordinance sot there would be a record of their stance oni it. He said there are many incidents where alcohol is the contributing factor. He said alcohol is a drug and it kills more people than any other drug. Bro. Davis said the Council should decide thei issue instead ofs submitting itto a referendum. If there is a referendum then he thought the referendum should also be about whether alcohol sales should continue int the City. He said none oft the money received from alcohol sales had been used to got to treat those who have suffered from the effects ofa alcohol. ORDINANCE2019-03 ORDINANCE NO. 2019-03 ALCOHOLIC BEVERAGES Ordinance: 2019-03 was introduced atap previous Council meeting. AN ORDINANCE. AMENDING SECTIONJAAAITIOAEED HOURS OFI DIVISION1. GENERALLY, OF ARTICLELALCOHOLIC BEVERAGE CONTROLOF CHAPTER3A, BE ITORDAINED: BY7 THE CITYCOUNCIL OF THE CITYOFFAYETTE, ALABAMA, AS FOLLOWS: SECTION1. That Section 3A-9, Authorized hours, of Division 1, Generally of Article I, Alcoholic Beverage Control of Chapter 3A, Alcoholic Beverages of the Code of Ordinances for the City of Fayette be, and the same isl hereby stricken ini its entirety and the following substituted, therefore, viz: "See.3A-.Authorized hours. Saturday of any week. Its shall be unlawful for any person, whetheral liquor, wine or beer licensee or not, to sell, offer for sale ort tos serve, dispense or offer for reward, or to offer tos serve or dispense for reward anyl liquor, wine, or beer, for on-premises consumption ont the licensed premises between the hours of1 12:00 a.m. and 8:00 a.m. onl Monday, Tuesday, Wednesday, Thursday, Friday and Itshall be unlawful for any person, whether a liquor, wine or beer licensee or not, to sell, offer for sale ort to serve, dispense or offer for reward, or to offer tos serve or dispense for reward any liquor, wine, or beer, between the hours of 12:00 a.m. and 12:00 p.m. and between the hours of8 8:00 p.m. and 11:59 p.m. on Sunday of any week and the reopening oft the licensed SECTION2. This Ordinance shall become effective upon its passage andj publication as premises ont the following Monday subject to the above paragraph. provided by law. Attest: City Clerk ADOPTED ont this day of August, 2019. Mayor After a general discussion, Councilmember Cowart moved to withdraw Ordinance 2019-03. Councilmember Cowart said he had heard from both sides of the issue on Sunday alcohol sales. He said alcohol is always a sensitive issue in a small conservative community. He said alcohol sales are legals six days a week and ini many places are legal on Sunday. He said there is nothing more democratic than having people vote. City Attorney Dale Lawrence was asked to look into the process for setting a Under a new legislative act, a wet municipality, by ordinance, may require a referendum to be held to determine whether Sunday sales of alcohol shall be permitted in the municipality. Upon passage ofar resolution by the governing body, the municipality shall hold the referendum and ifar majority oft the voters voting thereon vote in favor of the question, then the sale ofa alcoholic beverages shall be permitted Mrs. Gloria Zavala spoke to the Council and said she opposed to Sunday alcohol sales. She said she had collected the signatures of people who were against Sunday alcohol sales. She said there were Mr. M.C. Younghance spoke tot the Council and said he opposed Sunday alcohol sales. PUBLICI HEARING ON COMMERCIAL EVENT CENTER LICENSE Upon the motion being seconded, thes same was unanimously approved. SUNDAZALCOHOLSALES referendum. and regulated as specified int the referendum. approximately 470s signatures onl her petition. Mrs. Evelyn Howard spoke about her concerns with their not being sufficient monitoring of the use ofa alcohol at events with a commercial event center license. Councilmember Nichols said he wanted the community to1 move: forward and ifiti is legal, then it should be allowed. RESOLUTION209-10 RESOLUTION 2019-10 TOJAMIEI M. FARRIS Mayor Nelson presented Resolution 2019-10 to the Council for their consideration. Resolution Al RESOLUTION GRANTING A COMMERCIAL, EVENT CENTER LICENSE BEI ITRESOLVED, by the City Council oft the City ofl Fayette, Alabama, as follows: That the application by Jamie M. Farris, doing business as Bungalow's, located at 102 Temple 2019-101 is asi follows: Avenue! N, Fayette, AL 35555 for the following type of license: Commercial Event Center be andi isl hereby approved. day of September, 2019. ATTEST: City Clerk ADOPTED. AND APPROVED by the City Council oft the City of Fayette, Alabama, on this 10th Mayor Councilmember Cowart moved the Council adopt Resolution 2019-10. Upon the motion being seconded by Councilmember Nichols, the same was unanimously adopted. PARADEPERMIT Mayor Nelson presented to the Council ar request for a permit fora a 5K run through Guthrie Smith Park on October 27, 2019. Councilmember Campbell moved the permit be granted. Upon the motion being seconded by Councilmember Cowart, the same was unanimously approved. PARADEPERMIT Mayor Nelson presented to the Council a request for the FCHS Homecoming Parade to be held on September 27, 2019. Councilmember Cowart moved the permit be granted. Upon the motion being seconded by Councilmember Nichols, the same was unanimously approved. POLICE DEPARTMENTI REPORT FIRE DEPARTMENTI REPORT BUDGET COMMITTEE REPORT Police Chief Danny Jenkins presented the police report for the month of August 2019. The report Fire Chief Shannon Taylor presented the fire report for the month of August 2019. The Fire Mr. Rick McCabe presented thei first draft of next year's! budget based on the last meeting oft the Budget Committee. He said there was ai firet truck in the budget. Hes said there is a cushion built in based on sales tax revenues being assumed to be $185,000.00. They typically average $220,000.00. There isa 3% COLA: for all City employees. The COLA raise will cost approximately $58,000.00. was as follows: 49 incidents investigated; 16 accidents; 2261 traffic citations; and 45 arrests. Department received 28 calls. WORK SESSION Mayor Nelson announced a work session willl bel held Monday, September 16, 2019, at 5:00 p.m. Mayor Nelsons stated! hel has proclaimed September 8-141 National Assisted Living Week. Mayor Nelson reported he had received a letter from the Alabama Historical Commission informing himt that the. J.C. Grimsley House had been placed on the National Register of] Historic Places. NATIONALASSIBIED LIVING WEEK JOHN CLIFFORD GRIMSLEYHOUSE There willl be a ceremony on) Friday, September 13,2019 att the. J.C. Grimsley House. PROJECTUPDATE Mr. Lukel Porter updated the Council on current projects. He stated the ATRIP Application had Mayor Nelson presented the proposed City Holiday Calendar. The calendar has fifteen holidays. been submitted. PROPOSEDHOLIDAY CALENDAR: 2019-2020 Columbus Day - Monday, October 14,2019 Veteran's Day - Monday, November 11, 2019 Thanksgiving - Thursday, November 28, 2019 and Friday, November 29,2019 Christmas- - Tuesday, December 24, 2019, Wednesday, December 25,2019, Thursday, December 26, 2019, Friday, December: 27,2 2019 New Year's Day - Wednesday, January 1,2020 Martin Luther King/Robert E. Lee Day - Monday, January 20, 2020 President's Day Monday, February 17, 2020 Good] Friday - Friday, April 10, 2020 Memorial Day - Monday, May 25, 2020 Independence) Day Friday, July 3,2020 Labor Day - Monday, September 7, 2020 The proposed calendar is as follows: Councilmember McCraw movedt to adopt the 2019-2020 holiday calendar as] presented. Upon the motion being seconded by Councilmember Nichols, the same was unanimously approved. OLDBUSINESS Councilmember Cowart said there may be a need to revisit the "Rails to Trails" Project at the Councilmember Campbell moved the City's financial statement be approved. Upon the motion Councilmember Wilson moved the Municipal Court financial statement be approved. Upon the Councilmember McCraw moved the Park & Recreation financial statement be approved. Upon Mayor Nelson stated the 50" Annual Fayette Arts Festival will be held on Saturday, September next meeting. APPROVALOFI FNANCIALSTATEMENT being seconded by Councilmember Nichols, the same was unanimously approved. APPROVALOFI MUNICIPAL COURT FIMANCIALSTATEMENT APPROVALOFI PARK & RECREATION EIMANCIALSTATEMENT motion being seconded by Councilmember Nichols, the same was unanimously approved. the motion being seconded by Councilmember Cowart, the same was unanimously approved. 50TH ANNUALFAYETTE ARTS FESTIVAL 14,2019. REPORTOFCITY CLERK City Clerk Dawn Clapp reported for the month of August, the City received $211,746.00 in non- designated sales tax and the Vf sales tax for the hospital generated $35,674.00 for a combined total of $247,421.00. She statedt the City received $6,442.00i ina alcohol taxes. ADJOURNMENT 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. Mayor Attest: City Clerk