City Hall Fayette, Alabama March 26, 2019 A regular meeting of the City Council of the City of Fayette met at 5:00 o'clock, p.m. on March Upon roll call the following were found to be present: Mayor Ray Nelson, Councilmembers Linda McCraw, Jason Cowart and Cedric Wilson. Also present were City Clerk Dawn Clapp, Police Chief] Danny Jenkins and] Fire Chief Shannon Taylor. Councilmembers Eddy Campbell and. Jerry Nichols 26, 2019, int the Council Chambers oft the City Hall. and City Attorney Dalel Lawrence were absent. Thec opening prayer was given by Mr. Chris Champion. Mayor Ray Nelson announced a quorum was present and the meeting was open for the transaction of business. GUESTAPPEARING BEFORE COUNCIL 1. MS.LINDA WINSTON Ms. Linda Winston appeared before the Council to discuss the possibility of the City placing speed tables on Martin Luther King Drive and to discuss the issues with the culverts and drainage int the same area. Ms. Winston stated a speed table had been requested several times. She statedt the streets were dangerous event though a speed limit of25 MPH is posted. Ms. Winston also stated the culverts and trees needed care. Mayor Nelson stated the Fire Chief and Police Chief will be looking into the matter. It was suggested a speed study be performed in the area. Councilmember Wilson stated the ditch was in really bad shape and the City needed tot take al look att the pine trees. 2. MR.DARIUSI HOWARD - INTEGRITY HOME CONSULTANTS Mr. Darius Howard with Integrity Home Consultants appeared before the Council. He stated his company specializes in residential and commercial property restoration from wind and hail damage. He stated they partner with homeowners and offers free inspections. He also stated they will meet with a home owner'si insurance: adjuster and generate reports on the damage. APPROVAL OF MINUTES Councilmember Wilson moved the minutes of the regular meeting and work session held on March 12, 2019, be approved. Upon the motion being seconded by Councilmember McCraw, the same was unanimously approved. WESTALABAMA BANKI LOAN Mr. Rick McCabe presented to the Council aj plan to pay off the City's loan at West Alabama Bank. His plan for the funding sources for the repayment oft the line of credit were as follows: Totall LOC Balance @ 3/21/19 Payment Sources Capital Improvement Account Gasoline Tax Restricted Alcohol Tax Paving Note - WABT Total Funding Sources $798.559.56 $200,000.00 100,000.00 198,559.56 300.000.00 $798.559.56 Available. Balances $216,524.00 159,399.62 251,477.62 PUBLIC HEARING SET FOR ALCOHOLI LICENSE Mayor Nelson reported. the City had received an application from Oak Barrel, LLC, for an alcohol license. Councilmember Cowart moved a public hearing be set on April 9,2019. Upon the motion being seconded by Councilmember Wilson, the same was unanimously approved. PARADEPERMIT Mayor Nelson presented to the Council a request for a parade permit for the "March for. Jesus" to be held on May 18, 2019. Councilmember Cowart moved the permit be granted. Upon the motion being seconded by Councilmember McCraw, the same was unanimously approved. AQUATIC CENTER REPORT Mr. Chris Champion reported the Aquatic Center's 2019 Season would begin on Saturday, May 251h and run thru August 6th. After August 6", it would be open on the weekends until Labor Day, September 2nd. He stated admission is $10.00 for everyone two years of age and older; and $7.00 for Senior Citizens (65 and older), military with valid ID: and non-swimmers. Season passes are $100.00 for individuals. Family passes are $100.00 for the first family member and $50.00 for each additional family member living att the same address. Private parties are $400.00 for a two hour party: for up to 300 people. Mr. Champion stated American Red Cross Certification Life Guard training starts in two weeks. Life guards must be at least 15 years old. He said there would be 30 to 35 rehires from last year, but a total of 50t to6 601 life guards were needed. He stateds some oft the life guards may be able to be paid through a program at the Career Center. Mr. Champion said the Aquatic Center will also hire 14 concession Hes statedt they willl begint taking party reservations on April 1*. workers and 9t to 10 admission workers. Thel lazy river was paid ini full inl February 2019. PARK & RECREATION REPORT MAYOASIMANCALNEORT Opening Day for baseball is Tuesday, April 2nd beginning at 6:00 p.m. at Buster Hallman field. There are twenty baseball and softball teams with 1801 to 190 children participating. Mayor Nelson presented the Council with the City's.Mid-Year Financial Report. Reserves and Cash] Balances as of February 28.2019 Reserves $819,284.00 West Alabama Bank CD $298,560.00 WW Operating Account $338,196.00 Citizens Bank CD $403,773.00 Alabama Power CD $251,478.00 Alcohol Tax $216,525.00 Capital Improvement $121,460.00 Cigarette Tax $45,194.00 State Gas Tax/ W ALI Bank $159,400.00 Gasoline Tax/ W ALI Bank $131,724.00 Airport funds $15,740.00 Capital] Equipment Fund $ 82,243.00 Rental Property Tax $525,539.00 Savings AL Credit Union $178,348.00 Park & Recreation/Earl: McDonald $33,218.00 Municipal Court $116,849.00 Aquatic Park $49,063.00 Christmas int thel Park $7,509.00 Firel Department $105,391.00 Customer Deposits $8,215.00 Leadership Fayette County $149.355.00 FMC Appropriation $4,057,064.00 - subtotal Cash balances $289,892.00 General Fund $13,335.00 Other General Funds & PARA $482.682.00 Grants, Bonds, Notes $785,909.00- - subtotal Unrestricted Unrestricted General Fund backup Unrestricted Restricted toj paving projects Restricted for Capital needs Unrestricted Restricted Restricted to Capital Equipment Unrestricted Unrestricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted ($9,175. Ww Facility Upgrades/Bond Payment from W Restricted/$3,800 per month) DT paving/added to bond Unrestricted Unrestricted Restricted $4,842,973.00- - TOTAL OF RESERVES AND CASH BALANCES AS OF FEBRUARY 28, 2019 General Fund Notel Payments Each] Month $ 0.00 Brush Truck Payment PAID $8,593.21 Aquatic Park Bond Payment $2,300.00 Tractor Payment $25,300.00 $1.895.00 Garbage Truck Bancorp $44,768.00 $18,959.21 Total General Fund Notes per Month $3,971.00 AmFund! Bond/IP Property & Renovate PO( ($453,556.00) Reserve] Fund Note Payments Each) Month $ 0.00 Lazy River Addition Paid $2.200.00 Loader Citizens Bank $120,763.00 $7,932.00 Total Reserve Fund Notes per Month $7,932.00 WW: Facility Upgrades/Bond Payment from Wastewater $2,640,000.00 Average Monthly Note Payments (General Fund & Reserve Fund) Total-S $26,891.21 Sales Tax 2018- 2019 October November December January February Alcohol Taxes 2018-2019 October November December January February $239,218.00 $237,588.00 $266,052.00 $296,099.00 $238,766.00 $5,764.00 $8,553.00 $7,905.00 $8,218.00 $7,651.00 SPRING CLEANUP CAMPAIGN Mayor Nelson asked the Council to participate in the Spring Cleanup 2019 on Saturday, April Mayor Nelson discussed the Board of Equalization with the Council. The City is suppose to nominate three individuals for thel Board. Councilmember Cowart requested Mr. Larry Humber be one of 27h from 9:00 a.m. to 12:00 p.m. Each Council member would bei in charge of their ward. BOABDOFFQUALZATON REQUEST the City'snominees for thel Board. POLICEI DEPARTMENT Police Chief Danny Jenkins reported the Policel Department currently had two vacant positions. Chief Jenkins recommended the Mayor hire Mr. William Trace Norris to fill the position of Officer Byron Yerby. (Officer Yerby resigned his position when he was elected Sheriff.) This would be effective March 28, 2019. Mayor Nelson stated he would hire Mr. Norris upon obtaining the consent of the Council. Councilmember McCraw moved the Council consent to Mayor Nelson hiring Mr. William Trace Norris as a police officer. Upon the motion being seconded by Councilmember Wilson, the same of Sgt. Clark Sanford. (Sgt. Sanford resigned upon taking a position with the Fayette County Sheriff's Department.)! Mayor Nelson stated he would hire Mr. Morgan upon obtaining the consent oft the Council. Councilmember Cowart moved the Council consent tol Mayor Nelson hiring Mr. Dustin Lance Morgan as a police officer. Upon the motion being seconded by Councilmember McCraw, the same was Neither Mr. Norris nor Mr. Morgan are APOST certified. In order to obtain their certification, they will attend the Tuscaloosa Police Academy from April 22, 2019, thru July 18, 2019. This isa was unanimously approved. Chief. Jenkins recommended thel Mayor hire Mr. Dustin Lance Morgan to fill the position unanimously approved. thirteen week program. RESURFACING PARKING LOTATGUTHRIE: SMITH PARK Mr. Luke Porter presented the bid package for the resurfacing oft the parking lot at Guthrie Smith Park. Councilmember Wilson moved the City advertise for bids for the project. Upon the motion being seconded by Councilmember Cowart, the same was unanimously approved. The Request for Bids will be advertised for three weeks. The bids willl be opened on April 23, 2019, at4 4:00 p.m. ORDINANCE 2019-01 ORDINANCE! NO. 2019-01 Mayor Nelson presented Ordinance 2019-01 to the Council for their consideration. Ordinance 2019-01 is as follows: AN ORDINANCE. AMENDING CERTAIN SECTIONS OF ARTICLEI BUILDING CODES. ADOPTED OFC CHAPTER 4,1 BUILDING CODES. AND FRANCHISES BE IT ORDAINED. BYI THE CITY COUNCIL OF THE CITYOFI FAYETTE, Section 1. That Section 4-1, International Building Code adopted of Article I Building Codes Adopted of Chapter 4, Building Codes and Franchises of the Code of Ordinances for the City of ALABAMA, AS FOLLOWS: Fayette be, andt the same is hereby stricken in its entirety andt the following substituted, therefore, viz: "Sec. 4-1. Adoption of Codes. Ina accordance with the provisions ofCode of Ala. 1975, 11-45-8(c), the following codes prepared by the International Code Council, Inc., except such sections and portions thereof as are hereinafter modified, is hereby referred to and adopted by reference as the building codes of the city, as fully asi ifs set out atl length herein with all appendices and tables thereto, and from and after the effective date of this article shall govern as far as code or ordinance can, to all the subjects to which they relate within the corporate limits of the city and within its police jurisdiction, and shall constitute and generally be referred to ast the "Fayette Building Codes." (a) 20151 International Building Code (b) 2015 International Fire Code (c) 20151 International Residential Code (d) 2015 International Plumbing Code (e) 2015 International Mechanical Code (f) 2015 International Existing Building Code Section 2. That Section 4-2, International. Plumbing Code adopted of Article I, Building Codes Adopted of Chapter 4, Building Codes and Franchises ofthe Code ofOrdinances for the City of Fayette be, and the same isl hereby stricken ini its entirety and the following substituted, therefore, viz: "Sec. 4-2. Amendments tol International Building Code. The following portions oft the 2015 International Building Code are amended to read; Section 101.2.1 Appendices. Appendix [appendices] C and G of the International Building Code, 2015 Edition, are adopted and Appendix [appendices] A, B,D,E,F,H,L.Jand) K: are deleted. Section. 3. That Section 4-2.1, International. Mechanical Code adopted of Article I, Building Codes Adoptedof Chapter 4, Building Codes and Franchises oft the Code ofOrdinances for the City ofFayette be, and the same isk hereby stricken ini its entirety and the following substituted, therefore, viz: "Sec. 4-2.1. Amendments tol International Fire Code The following portions oft the 2015 International Fire Code are amended tor read: Section 101.2.1 Appendices. Appendix [appendices] B, C, D and Ioft the International Fire Code, 20151 Edition, are adopted and Appendix [appendices] A, E,F,G,H,J,K, L and M are Section 903.3.7 Fire Department connections. The location off fire connections shall be ina location approved by the Chief Code Official. Firel Department connections shall be located Section 907.7.5 Monitoring. Fire alarm systems required by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. Signal transmission tot the supervising station shall be distinctive and descriptive and shall Franchises oft the Code of Ordinances for the City of Fayette be, and the same isl hereby amended by deleted. within 150' ofa an approved water supply." give the specific device location, type, and alarm status. Section 4. That Article I, Building Codes Adopted of Chapter 4, Building Codes and adding the following provisions, viz: 4-2.2 Amendments tol International Residential Code. 4-2.34 Amendments tol International Plumbing Code 4-2.4 Amendments tol International Mechanical Code 4-2.5 Amendments tol International Existing Building Code. Reserved. Reserved. Reserved. Reserved." Section. 5. That Section 4-3, ICC Electrical Code adopted of Article I, Building Codes Adoptedo of Chapter 4, Building Codes and Franchises oft the Code of Ordinances for the City ofFayette be, and the same isl hereby stricken ini its entirety and the following substituted, therefore, viz: "Sec. 4-3. Electrical Code. In accordance with the provisions of Code of Alabama, 1975,911-45-8(), the National Electrical Code, 20171 Edition, prepared by thel National Fire Protection Association, except such sections and portions thereof as are hereinafter modified, is hereby referred to and adopted by reference as the electrical code of the city, as fully as ifset out at length herein, and from and after the effective date oft the ordinance from which this section is derived, shall govern, as far as code or ordinance can, to all the subjects to which they relate within the corporate. limits oft the city and withini its police. jurisdiction, and shall constitute and generally ber referred to ast the "Fayette Electrical Code." Section 6. That Section 4-3.1, Electrical License Policy of Articlel I, Building Codes Adopted of Chapter 4, Building Codes and Franchises of the Code of Ordinances for the City of Fayette be, and the same is hereby stricken ini its entirety and the following substituted, therefore, viz: #4-3.1 Qualifications and Licensing of Contractors Certification required. Any person desiring to engage in or enter into contracting business with any practice or occupation regulated by the adopted codes oft the jurisdiction shall first be certified by the governing board oft the State of Alabama. Any firm or corporation other than a natural person desiring to be licensed to engage ins such contracting business, shall have one or more persons ini its direct employment who shall be state certified in the appropriate trade. License required. Before any person, firm or corporation shall engage in any contracting business int the city or its police jurisdiction, he shall be qualified as set forth herein, and shall have al business license from the city." Section 7. That Section 4-4, Penalty for violation ofprovisions of Article I, Building Codes Adopted of Chapter 4, Building Codes and Franchises oft the Code of Ordinances for the City ofFayette be, and the same isl hereby stricken ini its entirety and the following substituted, therefore, viz: "4-4.1 Penalty for Violation. Penalty. Any person, firm, corporation, or agent, who shall violate any provision oft this article, or fails to comply therewith or with any of the provisions thereof, shall be guilty ofa misdemeanor and, on conviction, be punished as provided fori in section 1-8, the violation or noncompliance with each individual requirement, rule or regulation, ofs such code, and each day's continuation thereof, shall constitute a separate and distinct offense. Section 8. That Section 4-5, Building and electrical inspectors Designated provisions of Article I, Building Codes Adopted of Chapter 4, Building Codes and. Franchises oft the Code of Ordinances for the City ofl Fayette be, and the same isl hereby stricken ini its entirety and the following sections substituted, therefore, viz: "Sec. 4-5.1.3 Building Permit Required. Its shall be unlawful to commence the excavation for or the construction of any building, permanent sign, or other structure, including accessory structures, or to store building materials ore erectt temporary field offices, or to commence the moving or alteration of any structure, including accessory structures, until the Chief Code Official has issued for such worka a building permit. Its shall be unlawful to continue to perform activities in regard to which as stop- work order has been issued by an authorized city official. Sec. 4-5.2.1 Requirements for Permitting. Allp permits must have zoning approval priort to issuance. Where required, flood plain certification and historical commission review may be needed prior toj permit approval. The following requirements are specific to construction type. Residential Construction To obtain ap permit for residential construction, the permit application shall include one set of approved construction documents to be reviewed by the Building and Life Safety Department. Construction documents submitted for approval must also include one plot plan showing the location oft the structure, including decks and porches, distances from property lines, and depicting any easements. Commercial Construction To obtain aj permit for commercial construction, the permit application shall include one set of construction documents, sealed and stamped by the appropriate design professional, where required by Alabama Law. Construction documents submitted for approval must include detailed plans to all systems designed or constructed, civil and/or plot information, and life safety systems. Sec. 4-5.3. Illegal Occupancy No new building shall be occupied and no change inc occupancy ofa building or part of ab building shall be made until after the Department of Building and] Life Safety shall have issued acertificate of occupancy. It shall be unlawful to use or occupy al building or premises or part thereof in without ori in violation oft the terms and conditions oft the certificate of occupancy." Building Codes Adopted of Chapter 4, Building Codes and Franchises oft the Code ofOrdinances for the Section 10. That Chapter 4, Building Codes and Franchises oft the Code of Ordinances for the City of] Fayette be, and isl hereby amended to add the following Article IA. BUILDING ANDLFE Section 9. That Section 4-6, Building and electrical inspectors- Duties of ArticleI, City of] Fayette be, and the same isl hereby stricken ini its entirety. SAFETY and the followings sections in Article IA, viz: ARTICLE IA. BUILDING. ANDI LFESAFETY Sec. 4-6.1. Department of] Building and Life Safety. Thel Department of Building and Life Safety isl hereby created tos supervise and inspect buildings within the city and within its police jurisdiction. The Department of] Building and Life Safety shall be undert the directs supervision oft the Chief Code Official. Thel Department of] Building andI Life Safety shall be charged with the duty of supervising all types of construction or building improvement withint the city and within its police jurisdiction and enforcing the provisions of the building code and other codes and ordinances pertaining to the construction, alteration, use, occupancy, location and maintenance, moving, removal, and demolition of buildings and structures, erected or tol be erected within the limits oft the jurisdiction assigned to it. Sec. 4-6.2. Duties oft thel Building and Life Safety Department The duties and responsibilities oft the Building and Life Safety Department and ofthe inspectors ini it are to enforce within the city and police jurisdiction, state and local laws and (1) The construction or alteration ofr new and existing buildings; (2) The installation ofs such facilities as plumbing systems, electrical systems, heating systems, refrigeration systems, and air conditioning systems; (3) The maintenance oft buildings ina a safe, sanitary, and healthful condition; (4) Floodplain management ini relation to construction and development; (5) Application of planning and zoning requirements; and (6) Administration ofa abatement and nuisance ordinances. local ordinances and regulations relating to: These duties and responsibilities include receiving applications for permits and issuing or denying permits, making necessary inspections, issuing or denying certificates of compliance, issuing orders to correct violations, bringing, judicial actions against actual or threatened violations, keeping adequate records, and taking any other actions that may be required to adequately enforce the laws, ordinances and regulations of the city. Sec. 4-6.3. Chief Code Official and inspectors in Building and Life Safety Department Designated. (a) The Fire Department Chief isl hereby designated ast the Chief Code Official. In the event of the absence or unavailability of the Fire Department Chief, the Assistant Fire Chief or Fire Captain arel hereby designated as the Chief Code Official. The employees oft the Fire Department and] Maintenance Department are hereby designated as the inspectors for the (b) Where referred toi in other parts oft the Code of Ordinances, the position of Building Inspector, City Building Inspector and Building Official shall bei filled by the Chief Code Official. Also, the Chief Code Official shall perform the duties of the Building Inspector, City Building Inspector and Building Official referenced in other sections oft the Code of Building and Life Safety Department. Ordinances. Sec. 4-6.4. Authority ofChief Code Official and inspectors. enter any building, structure or premises ata any reasonable hour." The Chief Code Official and the inspectors oft the Building and Life Safety Department, in the discharge oft their official duties, and upon properi identification, shall have the authority to Section 11. That Section 4-7, Authority of Inspectors of Articlel I, Building Codes Adoptedo of Chapter 4, Building Codes andi Franchises ofthe Code of Ordinances for the City of Fayette be, and the samei isl hereby stricken ini its entirety and the following substituted, therefore, viz: "Sec. 4-7. Reserved." provisions oft this Ordinance are repealed. Section 12. All ordinances or parts of ordinances oft the City of Fayette in conflict with the Section 13. This Ordinances shall be effective upon publication. ADOPTEDANDANDAPPROVED this the 26th day ofl March 2019. Mayor ATTEST: City Clerk Councilmember Cowart movedt the Council give unanimous consent to consider Ordinance 2019- 01. Upon the motion being seconded by Councilmember McCraw, the same was unanimously approved. Councilmember Wilson moved the Council adopt Ordinance 2019-01. Upon the motion being seconded by Councilmember McCraw, the same was unanimously adopted. SPOT PAVING ON 8h_9th.10ts STREETSW Mayor Nelson reported a proposal was received from Dixie Paving and Sealing in the amount of $5,800.00 for spot paving on gth Street SW, gth Street SW and 10th Street SW. Councilmember Cowart moved the City contract with Dixie Paving and Sealing to perform spot paving at a cost of $5,800.00. Upon the motion being seconded by Councilmember McCraw, the same was unanimously approved. APPROVALOFI FINANCIALSTATEMENT Councilmember McCraw moved the City's financial statement be approved. Upon the motion Councilmember Wilson moved the Municipal Court financial statement be approved. Upon the Councilmember Cowart moved the Park & Recreation: financial statement be approved. Upon the The leaft truck will stop running on March 29h. After March 29", leaves must be bagged. There being no further business to come before the Council, upon the motion to adjourn being made by Councilmember Wilson ands seconded by Councilmember McCraw, it was unanimously approved. being seconded by Councilmember Wilson, the same was unanimously approved. APPROVALOFN MUNICIPALCOURT FINANCIALSTATEMENT APPROVAL OF PARK & RECREATION FINANCIALSTATEMENT motion being seconded by Councilmember McCraw, the same was unanimously approved. motion being seconded by Councilmember Wilson, thes same was unanimously approved. REPORTOEMAYOR ADJOURNMENT Mayor Attest: City Clerk