City Hall Fayette, Alabama September 11,2 2018  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 Linda McCraw, Eddy Campbell, Jason Cowart, Cedric Wilson and Jerry Nichols. Also present were Police Chief] Danny Jenkins, City Attorney Dale Lawrence, City Clerk Dawn Clapp, Fire Chief Shannon  September 11, 2018, int the Council Chambers oft the City Hall.  Taylor and City Engineer Dewayne Roby.  The opening prayer was given by City Engineer Dewayne Roby.  Mayor Ray Nelson announced a quorum was present and the meeting was open for the 1. MR.] LEE AUMAN - DEMOCRATICI NOMINEE FOR US REPRESENTATIVE FOR THE Mr. Lee Aumon, Democratic nominee for U.S. Representative for the 4th Congressional District, spoke tot the Council. He stated his priority is to protect rural hospitals. He said Fayette showed foresight in supporting its hospital. Mr. Aumon stated Congress should work to support rural hospitals and if elected he would push for legislation addressing this. He said the opiod epidemic is also aj problem in the 4th Congressional District. He said Congressman Aderholt has taken over $130,000.00 in campaign  transaction ofb business.  GUEST APPEARING BEFORE COUNCIL  CONGRESSIONAL DISTRICT  contributions from pharmaceutical companies.  APPROVALOFI MINUTES  Councilmember Cowart moved the minutes of the regular meeting held on August 28, 2018, be approved. Upon the motion being seconded by Councilmember Nichols, the same was unanimously  approved.  COMMERCIAL EVENT CENTER PUBLIC HEARING  Mayor Nelson said this was the day and time for the public hearing ont the application ofTLCon Temple, LLC for a commercial event center license. No one appeared to oppose itl being granted. Mayor Nelson presented Resolution 2018-13 to the Council for their consideration. Resolution AI RESOLUTION GRANTING. A COMMERCIAL EVENT CENTER LICENSE BE ITI RESOLVED, by the City Council oft the City of Fayette, Alabama, as follows: That the application by TLC On Temple, LLC, doing business as Fannie's, located at 135 Temple ADOPTED. AND. APPROVED by the City Council oft the City of Fayette, Alabama, on this 11th  RESOLUTION2018-3 RESOLUTION 2018-13 TOTLC ON TEMPLE, LLC  2018-13 isa asi follows:  Avenue N, Fayette, AL 35555 for the following type of license:  Commercial Event Center  bez andi isl hereby approved. day of September, 2018. ATTEST: City Clerk  Mayor  Councilmember Cowart moved the Council adopt Resolution 2018-13. Upon the motion being Police ChiefDanny. Jenkins presented the police report for the month of August 2018. The report  seconded by Councilmember Nichols, the same was unanimously adopted.  POLICEI DEPARTMENT REPORT  was as follows: 39i incidents investigated; 16a accidents; 61 traffic citations; and 65 arrests.    FIREI DEPARTMENTI REPORT  Fire Chief Shannon Taylor presented the fire report for the month of August 2018. The Fire Fire Chief Taylor reported the City continues to have a Public Protection Classification 5 rating byISO. ISO performed a recent audit of the City's structural fire suppression delivery system. He stated. his goal was for the City to have al Public Protection Classification rating of3. This would result in a  Department received 22 calls.  10%-15%1 reduction ini insurance premiums.  GARBAGE EXEMPTIONS FAYETTE MEDICALCENTER  Mayor Nelson reminded everyone that citizens must renew their garbage exemptions annually. Mayor Nelson stated at the last meeting Fayette Medical Center requested the Y f sales tax for Mayor Nelson presented Ordinance 2018-05 to the Council for their consideration. Ordinance ANC ORDINANCE. AMENDING $10-36, PRIVILEGE TAX- RETAIL SALES OF TANGIBLE PERSONAL PROPERTY, RATES, EXCLUSIONS WITHIN CITYAND $10-43, EXCISE TAXON TANGIBLE PERSONAL PROPERTYOF ARTICLE! IV.1 PRIVILEGE. AND EXCISE: TAXES OF BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF FAYETTE, SECTION1. That Section 10-36, Privilege tax Retail sales of tangible personal property, rates, exclusions, within city of ARTICLEIV. Privilege and] Excise Taxes of CHAPTER 10. LICENSES AND TAXATION of the CODE OF ORDINANCES OF THE CITY OF FAYETTE, ALABAMA is hereby amended by striking such section ini its entirety ands substituting the following therefor: $10-36. Privilege tax Retails sales oft tangible personal property, rates, exclusions, within city. At taxi isl levied upon every person, firm or corporation, (including the State of Alabama, the University of Alabama, Auburn University and all other institutions of higher learning in the state, whether such institutions be denominational, state, county or municipal institutions and any association or other agency or instrumentality of such institutions) engaged, or continuing within the City of Fayette in business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character, (not including, however, bonds, or other evidences or debts or stocks, nor sale or sales of material and supplies to any person for use in fulfilling a contract for the painting, repair or reconditioning of vessels, barges, ships and other watercrafts of over fifty (50) tons burden), and amount equal to three and one-half (3%) percent of the gross proceeds of sales of the business except where a different amount is expressly provided herein; provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified, when his books are kept so as to show separately the gross proceeds of sales of each business, and when his books are not sol kept, he shall pay SECTION2. That Section 10-43, Excise tax on tangible personal property of ARTICLE IV. Privilege and Excise Taxes of CHAPTER 10 LICENSES AND TAXATION of the CODE OF ORDINANCES OF THE CITY OF FAYETTE, ALABAMA is hereby amended by striking such section An excise tax is hereby imposed on the storage, use or other consumption in the city oft tangible personal property (not including materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships and other watercraft of more than fifty (50) tons burden) purchased at retail on or after the effective date of this article, for storage, use or other consumption in the city, except as provided in the subsections hereinafter, at the rate ofthree and one-half (3%)percent oft the sales price ofs suchj property within the corporate limits ofs said city. SECTION3. Thet three and one-half (3%) percent tax levied and imposed in $ 10-36 and S 10- 1. Three percent (3%)s shall be allocated to the City's general fund; One-half percent (V4%) shall be allocated to aid thel Fayette Medical Center. These funds shall be restricted and used only for capital improvements att the Fayette Medical Center. SECTION4. The Chairman of the Fayette County Hospital Board and the Fayette Medical Center Administrator or their designees shall appear at the Council's first regular meeting in September of  capital improvements atl Fayette Medical Center be renewed.  ORDINANCE2018-05  2018-05 is asi follows:  ORDINANCE. NO. 2018-05  CHAPTER 10. LICENSESAND: TAXATION  ALABAMA, as follows:  thet tax as retailer on the gross sales oft the business. ini its entirety and substituting the following therefor: $10-43. Excise tax ont tangible personal property.  43 shall be allocated asf follows:  2.    each year to inform the Council of the capital improvement project(s) they desire to use the restricted funds for at the Fayette Medical Center. The Council shall then approve or reject the use of the restricted funds for the requested capital improvement project. If approved the Council will authorize the appropriation of the restricted funds for the said capital improvement project. Ifrejected, another capital Once the capital improvement project is completed, the Fayette County Hospital Board or the Fayette Medical Center shall provide a report detailing how the said restricted capital improvement funds SECTIONS. Sunset provision. The three and one-half(34) percent tax levied and imposed in $1 10-36 and $ 10-43 shall revert tot three (3%) percent on October 1, 2021 unless the said three and one- half(3%) percent rate is renewed by the Council through adoption of an ordinance providing for the three SECTION6. All ordinances or parts of ordinances in conflict with this ordinance are hereby  improvement project shall be submitted to the Council for consideration.  were expended.  and one-half(3%) percent rate to continue and remain ine effect.  repealed. ATTEST:  SECTION 7. This ordinance shall be effective as ofOctober 1,2018.  Adopted thist the  day of September, 2018.  Mayor  City Clerk  Councilmember Cowart moved the Council give unanimous consent to consider Ordinance 2018- 05. Upon the motion being seconded by Councilmember Nichols, the same was unanimously approved. Councilmember Campbell moved the Council adopt Ordinance 2018-05. Upon the motion being Councilmember Cowart stated the City needed to keep its hospital open and was 100% behind keeping the % f sales tax in place. He stated the crisis rural hospitals are experiencing is a result of actions taken at the State and Federal levels. He said he would not want to live where one did not have access toa al hospital. Fayette Medical Center is the largest employer int the City with over 300 employees.  seconded by Councilmember Cowart, the same was unanimously adopted.  APPROVAL OF FINANCIALSTATEMENT  Councilmember Campbell moved the City's financial statement be approved. Upon the motion Councilmember McCraw moved the Park & Recreation financial statement be approved. Upon Councilmember Campbell moved the Municipal Court financial statement be approved. Upon City Clerk Dawn Clapp reported for the month of August, the City received $208,902.00 in non- designated sales tax. She reported the Yaf sales tax for the hospital generated $35,114.00. The total sales tax received was approximately $244,016.00. She statedt the City received $7,998.00 in alcohol taxes. There being no further business to come before the Council, upon a motion to adjourn being made by Councilmember Cowart and seconded by Councilmember Wilson, it was unanimously approved.  being seconded by Councilmember McCraw, the same was unanimously approved.  APPROVAL OF PARK & RECREATION FIMANCIALSTATEMENT APPROVALOFI MUNICIPALCOURTE ENANCIALSTATEMENT  the motion being seconded by Councilmember Cowart, the same was unanimously approved. ther motion being seconded by Councilmember Nichols, the same) was unanimously approved.  REPORT OF CITY CLERK  ADJOURNMENT  Mayor  Attest:  City Clerk