Regular Council Meeting Agenda 1 Court Square Council Chambers of Criminal Justice Building Monday, October 16, 2017 --- Meeting at 5:30 p.m. Call to Order: Council President Opening Prayer: Josh Sammons Pledge of Allegiance: Deputy Chief Easterwood Approval of Minutes: October 2, 2017 Regular Council Meeting Minutes Approval of Agenda: Public Hearing: Weed Abatement Round Five (5): 5:30 p.m. Reports from Standing Committees: Finance Committee: Chairperson Spraggins Public Safety Committee: Chairperson Tapley Utilities Committee: Chairperson Funderburk Parks and Recreation Committee: Chairperson Hardy Public Works Committee: Chairperson Brown Buildings and Properties Committee: Chairperson Colvin Reports from Special Committees: Unfinished Business: New Business: 1. An Ordinance to Update the Current Grease Control Ordinance (Ordinance 2015-13). 2. An Ordinance to Declare Parcel 62 05 08 34 2 202 003.000 as Land No Longer Needed for Public Purposes and to Sell the Property at the Highest Price through Sealed Bids. 3. An Ordinance to Donate Parcel 62 05 08 33 4 001 001.014 (Parking Lot) to Lake Martin Economic Development Alliance for Future Economic Development. 4. A Resolution Authorizing Filing of Applications with the Federal Energy Regulatory Commission (FERC) by the Alabama Municipal Electric Authority (AMEA) on Behalf of the City of Alexander City, Alabama, a Member City of AMEA, for Waivers Under the Public Utility Regulatory Policies Act of 1978 (PURPA) From Purchase Requirements for Qualifying Facilities and Adopting Rules for Compliance with FERC’S PURPA Regulations. 5. A Resolution to Authorize the Mayor to Execute Any and All Agreements with Pure Technologies for the Christian Creek / Dobbs FMs Condition Assessment (Smartball). 6. A Resolution to Authorize the Mayor to Execute a Memorandum of Understanding with the Tallapoosa County Non-Urbanized Area Public Transportation Program (ARISE, INC.) for In-kind Services for FY 2018. 7. A Resolution to set a Public Hearing to Rezone Parcel No. 62-12-02-09-4-001-006.000. 8. A Resolution to set a Public Hearing to Rezone Parcel No. 62-06-09-30-2-001-008.000. 9. A Request to approve the Annual Holiday Market located in the Fellowship Hall at Alex City United Methodist Church on Thursday, November 16, 2017, and to waive the event fee and business license fee for vendors.
Comments from the Mayor: 1. Housing America Month 2017 Proclamation Comments from the Finance Director: Comments from the City Clerk: Comments from the Council: Adjournment:
ORDINANCE NO. _________ An Ordinance to Update the Current Grease Ordinance (Ordinance 2015-13). BE IT ORDAINED by the City Council of the City of Alexander City, Alabama, that Chapter 90, Article IV, Sewer and Sewer Disposal, Division 1, Generally, Section 90-195 Grease Control Program of the Code of Ordinances of Alexander City, Alabama, be amended to read as follows: SECTION I: INTRODUCTION The City of Alexander City Sewer Collection Department and Wastewater Treatment Department have the responsibility to collect, convey, and treat sanitary sewage in Alexander City. Both of these Departments report to the Superintendent of Utilities, whose duties are performed by the Mayor. It is the intent of this ordinance to prevent the discharge of FOG to the sewer system. The Superintendent of Utilities or his designee reserves the right to make FSFs take reasonable measures as necessary to accomplish this objective. FOG (fats, oils, and grease) that is disposed directly into the sanitary sewer system cools, solidifies, and combines with other foreign materials in sewer lines and restrict or completely block flow through the pipe. When sewer lines are blocked, wastewater backs up until it overflows from manholes or building plumbing fixtures into storm drains, creeks, or buildings. These overflows are termed Sanitary Sewer Overflows (SSOs) and are a violation of the Clean Water Act. These SSOs subject the City to fines and other legal actions at the discretion of the regulatory agencies (ADEM and EPA). Investigations by the Sewer Collection Department and the City Engineer indicate that, although this Ordinance is having an effect in reducing the deleterious effects of grease in our sewer system, grease continues to be a contributor to SSOs. This Grease Control Ordinance is one of many actions taken by the city to minimize the occurrence of SSOs. The Grease Control Program should be evaluated periodically and modified as necessary to maximize its effectiveness. SECTION II: DEFINITIONS The following words, terms, and phrases when used in this ordinance shall have the meanings respectively ascribed to them in this section, except where context clearly indicates otherwise. (a) Acknowledgement Form is the form used by the Grease Inspector to notify the food service facility of compliance issues and/or enforcement actions. (b) Alternative Grease Removal Device means any non-standard or reduced specification grease removal device (GRD) (see also Standard Grease Removal Device). (c) Applicant means the Owner or Agent of any food service facility submitting an application for a Food Service Facility Grease Control Permit to the Alexander City Building Department. (d) Best Management Practices means any program, process, operating method, or measure that controls, prevents, removes, or reduces the discharge of FOG (fats, oils, and grease). (e) Dishwasher means, for the purposes of these regulations, any hydro-mechanical device that is capable of either producing or using heated water. 1 of 10
(f) Filter means an effluent grease filter, installed and operated in accordance with this ordinance and the manufacturer’s recommendations, typically consisting of a 1/32” slot size, that must be pre-approved by the Superintendent of Utilities or his designee prior to installation. (g) FOG means fats, oils, and grease. (h) Food means any raw, cooked, or processed edible substance, or ingredient intended for human consumption. (i) Food Service Facility (FSF) means any facility engaged in the preparation of food and/or serving meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, churches, daycares, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, and similar facilities by whatever name called that generate and discharge wastewater to the Alexander City Sanitary Sewer System. (j) Fryer Oil means oil that is used and/or reused in fryers for the preparation of foods such as fried chicken and French fries. (k) Grease means fats, oils, and grease used for the purpose of preparing food, or resulting from food preparation and includes all elements of FOG. The terms grease and FOG may be used interchangeably. (l) Grease Interceptor means an indoor device located in a food service facility (usually underneath a sink) designed to collect, contain and remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the sanitary sewer system by gravity. Grease interceptors shall be equipped with a device to control the rate of flow so that the device’s rated flow is not exceeded and shall be designed such that, when loaded with FOG to its capacity, no further discharge will be allowed. (m) Heater a device required by the Alabama Department of Public Health that heats water at the sink to heatsanitize dishes, utensil, etc. (n) Grease Removal Device (GRD) means a device, or sometimes a system, intended to remove grease from the wastewater discharged from the FSF and typically consists of grease traps or grease interceptors. (See also Alternative Grease Removal Device and Standard Grease Removal Device.) (o) Grease Trap means an outdoor device located underground and typically outside of a food service facility designed to collect, contain and remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity that is/was installed in accordance with the requirement of this ordinance and the recommendations of the manufacturer. (p) Maintenance means the routine inspection, cleaning, and complete removal of all GRD contents including floatable materials, wastewater, sludge and solids. The GRD must be thoroughly cleaned to remove grease and scum from inner walls and baffles. An interceptor must be filled with cold potable water in order to complete maintenance operation. (q) Maximum Allowable Discharge Concentration of 150 ppm (mg/kg) is the maximum concentration of FOG in wastewater allowed to be discharged to the Alexander City Sanitary Sewer System as measured by the InfraCal 2 Analyzer by Wilks (or updated equivalent). 2 of 10
(r) Permit means written authorization to discharge wastewater to the City’s sanitary sewer system granted by the Building Department to the owner of a Food Service Facility or his/her authorized agent. Permits are nontransferable, which means that a new permit is required for a change of owner or location. (s) Sampling Vault means a constructed sampling location downstream of the grease removal system designed and built to allow inspection and sampling after all treatment but prior to discharge into the City’s sanitary sewer system. (t) Standard Grease Removal Device is a grease removal system consisting of two 1,000-gallon tanks, in series, with an approved filter on the downstream side of the second, most downstream, tank. (u) Superintendent of Utilities means the Superintendent of Utilities of the City of Alexander City Utilities. Currently, these duties are carried out by the Mayor of Alexander City. The Superintendent of Utilities may designate others, such as the Grease Inspector, to act on his/her behalf at his/her discretion. (v) Temporary Food Service Facility means a food service facility that has no permanent sewer connection and operates at the same location for a period of time not to exceed 14 days and must be in conjunction with a single event, such as a fair, carnival, circus, exhibition, or similar temporary gathering. It is expected that a Temporary Food Service Facility does not discharge to the sanitary sewer system without a specific permit from the Superintendent of Utilities. (w) User means the owner or operator of a food service facility that discharges wastewater into the City’s sanitary sewer system. (x) Zero Lot Line refers to a property line of a property on which a structure occupies all of the property footprint, thereby not allowing for outdoor GRD installation and maintenance. SECTION III: EXCEPTIONS Any FSF in compliance with the previous Grease Control Ordinance No.: 2015-13, as of the effective date of this ordinance may continue to use the GRD approved under the previous Ordinance until such time that any of the following conditions occur: • • •
The current GRD system, in whole or in part, fails or is determined inadequate for its intended purpose; or The current grease removal system discharges grease in concentrations greater than the Maximum Allowable Discharge Concentration, or There is a change of ownership, location, or potential for discharging FOG.
SECTION IV: GREASE CONTROL PROGRAM REQUIREMENTS (a) Permit Requirements for Food Service Facilities 1. Application and Fees Any facility meeting the definition of a FSF must apply for and obtain a Grease Control Program Permit from the Alexander City Building Department. All former exemptions, whether explicit or implied, are no longer valid as of the effective date of this ordinance. New FSFs must have an approved Grease Permit prior to beginning food service operations. For recurring permittees, permits must be renewed prior to 3 of 10
December 31 and shall become effective on January 1 of each new calendar year. Any permit not renewed prior to January 15 will be assessed a late fee in addition to the renewal fee. A non-current Grease Permit could result in cessation of water service to the FSF. The following fee schedule shall apply: • • •
Initial Grease Permit Renewal of Grease Permit Late Fee
$50.00 $50.00 $50.00
All fees must be made payable to The City of Alexander City and remitted to the following address: Attn: Accts Receivable City of Alexander City P.O. Box 552 Alexander City, AL 35011. Failure to remit payment for fees will result in cessation of water service. The Superintendent of Utilities reserves the right to reevaluate all fees annually and, if determined necessary, may request that the City Council adjust fees accordingly. The information contained in the Food Service Facility Grease Control Program Permit Application must be certified by the applicant as true and complete prior to submitting the application for review. The Superintendent of Utilities or his/her designee shall review completed applications for approval within 30 days of receipt. Existing FSFs that have not previously had a permit or had filed for an exemption must prepare and submit a plan of action in writing to the Grease Inspector within 30 days of receipt of an Acknowledgement Form from the Grease Inspector. The plan will be reviewed and approved or edited to meet the requirements of this ordinance. Once approved by the Grease Inspector, the FSF must complete construction and be in compliance within 90 days. Failure to submit the plan of action or failure to complete construction within the allotted time frames will result in re-inspections, assessment of fees, and could include cessation of water service to the FSF as described in SECTION VII: Inspections by Alexander City Superintendent of Utilities and/or Designees. 2. Conditions Permit conditions may include, but are not limited to, the following: • • • • • • • • •
Permit duration Permit fee Permit is non-transferable (owner or location) Frequency of inspections Maintenance requirements Compliance schedule Requirements for retaining records Equipment specifications: trap, interceptor, filter, etc. Statement of permission for the Superintendent of Utilities and other duly authorized employee of the City to enter upon the user’s property without prior notification for the 4 of 10
•
purpose of inspection, observation, photography, records examinations, records copying, measurement, and sampling or testing. Other conditions deemed by the Superintendent of Utilities necessary to ensure compliance with the intent of this program and other applicable ordinances, laws and regulations.
3. Denial • •
The Applicant will be advised in writing of the specific cause for the denial within sixty (60) calendar days of the decision to deny the permit application. The Applicant who is denied a permit under this program shall have the right to appeal such denial to the Superintendent of Utilities. The appeal shall be filed within fifteen (15) business days of receipt of the notice of denial.
(b) Best Management Practices (BMP) and Associated Training Requirements All Food Service Facilities shall develop, implement and follow Best Management Practices (BMPs) to minimize the discharge of FOG to the sanitary sewer system. At a minimum the applicable BMPs provided with the permit must be implemented. Employees must be trained on proper storage, handling and disposal of FOG as well as all BMPs. Such training must be documented and on file with other records. The signage provided by the City’s Grease Inspector that outlines basic BMP requirements must be displayed prominently in the kitchen area. (c) Requirements for Grease Removal Devices (GRDs) All FSFs that discharge into the sanitary sewer system shall install, operate, and maintain properly sized GRDs as indicated below. If the City has reason to believe that the specified system(s) below are not adequate to prevent the discharge of FOG greater than the Maximum Allowable Discharge Concentration of 150 ppm, then the Superintendent of Utilities has the right to require the design and certification of a professional engineer, and/or to require the installation of a sampling vault or sampling port. New FSFs must have all devices installed and operating properly prior to beginning food service operations. 1. Grease Traps (Outdoor)—Standard Specification Grease traps shall have a capacity of not less than two 1,000-gallon traps installed in series for a total capacity of 2,000 gallons. Additionally, the furthest downstream discharge orifice of the tank(s) must be fitted with a commercial grease filter that was pre-approved by the Grease Inspector and that is sized appropriately for the peak flow and installed according to manufacturer’s specifications. The grease trap shall intercept wastewater from areas in, around, or affected by food preparation from floor drains, sinks, dishwashers and/or other plumbing inlets and must be separately plumbed from any other sewer sources such that wastewater that could potentially contain human wastes does not pass through the grease trap. Grease traps shall be installed with a 6-inch minimum gravel bedding and two, approved, lidded openings per tank. The lidded openings must be 24 inches in diameter and appropriately designed and constructed depending on site conditions and traffic interaction, if any. 2. Alternative GRDs 5 of 10
An alternative GRD or system, to include an indoor grease interceptor, smaller outdoor grease trap (tank), lesser number of grease tanks, or any other reduction in specification will be considered on an individual basis. Any application for GRDs other than the standard grease trap details outlined above must be requested in the Alternative Grease Removal System Request form. It is incumbent upon the applicant to detail any hardships and to provide the rationale for the request for altered specifications. The applicant shall provide the following information, in addition to the required form, to Superintendent of Utilities, or his/her designee, for evaluation of the proposed system: •
A proposal that is specific to the FSF submitting the information, justifying in detail, how the alternative system is at least as protective as the standard grease trap configuration described above. The Superintendent of Utilities will not consider a general or generic proposal.
•
Complete technical information regarding the performance of the system and proof of effectiveness in removing FOG from the waste stream.
•
Specifications for maintenance service, and frequency.
•
The manufacturer's installation and operation manuals.
The Alternative Grease Removal System Request Form and proposal will be reviewed by the Superintendent of Utilities or his designees to ensure that the proposed system is protective of the sewer system. At a minimum, the grease removal system must be capable of removing FOG to a concentration of 150 ppm or less as measured in samples taken from the sampling port during regular operating hours and peak flow. In no case will an alternative grease removal solution be approved that involves chemical reduction of grease. All alternative GRDs will require the installation of a sampling vault. If the alternative technology is approved, the FSF shall install and maintain the system in accordance with the manufacturer's installation and operation specifications. Maintenance shall be performed at least as often as stipulated in the permit, even if the manufacturer specifies less frequent maintenance. i.
Indoor Grease Interceptors The Superintendent of Utilities or his designee may approve the installation of one or more indoor grease interceptors provided the FSF is not equipped with a dishwasher and/or a food waste grinder and is, based on the individual situation, eligible for a reduced-specification grease removal system. Grease interceptors shall be sized by a licensed plumber in accordance with Plumbing and Drainage Institute Standard PDI-G101, Testing and Rating Procedure for Grease Interceptor with Appendix of Sizing and Installation Data. The device should be designed such that it will not discharge any wastewater once the device is filled with FOG to its capacity. Typical minimum specifications for an interceptor would include a peak flowrate of at least 20 gpm (gallons per minute) with storage of 40 pounds of FOG. Wastewater with a temperature greater than 140 degrees Fahrenheit, acidic or caustic cleaners, wastewater discharged from a food waste grinder (disposal), and/or wastewater discharged from a dishwasher cannot be discharged to an indoor grease interceptor (except in special situations involving zero lot lines).
3. Grease Control Device Sampling Vault 6 of 10
Most FSFs installing the standard specification Grease Trap are not required to install a sampling vault initially, unless extenuating circumstances dictate the necessity for one from the beginning; however, a sampling vault will be required for all approved Alternative GRDs. The sampling vault must meet the following criteria: • • • •
The vault must be capable of allowing a sampling vial to be inserted into the vault for collecting a grab sample. The vault must be installed downstream of the GRD, but upstream of commingling with other wastewater and the city’s main. The vault must be safe for traffic, if applicable. The vault plan must be approved by the city’s Grease Inspector prior to construction.
(d) Maintenance Requirements for Grease Removal Devices (GRDs) The “25 Percent Rule” requires that the depth of oil and grease (floating and settled) in a trap shall be less than 25 percent of the total operating depth of the trap. The operating depth of a trap is determined by measuring the internal depth from the outlet water elevation to the bottom of the trap. Maintenance of outdoor grease traps shall be performed as frequently as necessary to protect the City’s sanitary sewer system against the accumulation of FOG. Maintenance shall be performed as determined by inspection and application of the “25 Percent Rule”, or at an interval not greater than 90 days, whichever is more frequent. Maintenance of indoor grease interceptors shall be performed as frequently as necessary to protect the sanitary sewer system against the accumulation of FOG. Maintenance shall be performed at intervals specified in the Permit, or as required by the Grease Inspector, whichever is more frequent. In any case, interceptor maintenance must be performed at least every 14 days, and the interceptor must be filled with cold, potable water. FSFs which operate infrequently, for special events only, or whose history of maintenance supports, may request a modification to the maintenance schedule specified above. The Superintendent of Utilities may, under these special conditions, authorize a maintenance frequency less frequent than the 90 day minimum that would continue to ensure compliance with the 25 percent rule. The FSF shall submit a request for a modified maintenance schedule which includes all details necessary to make the determination. Maintenance shall include the complete removal of all grease from interceptors or trap contents including floatable materials, wastewater, sludge, and solids. Grease and scum shall be removed from interior walls, baffles, and filter. The filter must be removed for cleaning only while the contents in the trap are low so that grease cannot escape the tank into the sewer system. The owner shall be responsible for the proper removal and disposal of the grease interceptor or trap waste. All waste removed from each grease interceptor or trap must be disposed of properly at an appropriate facility designed to receive grease interceptor or trap waste. The owner shall be responsible for retaining records of the maintenance of grease interceptors and traps including hauler manifests, permits, permit applications, correspondence, sampling data and any other documentation that may be requested by the Superintendent of Utilities or his designee. These records shall include the dates of service, volume of waste removed, waste hauler, and disposal site of waste. These records 7 of 10
shall be kept on-site at the location of the grease trap for a period of three (3) years and are subject to review without prior notification. SECTION V: COMPLIANCE WITH GREASE CONTROL PROGRAM Compliance with the Grease Control Program shall be evaluated based on the following criteria: • • • • • •
Installation of the proper grease control devices Implementation of Best Management Practices [BMPs] Documentation of regularly scheduled maintenance of GRDs. Documentation of proper disposal, including manifests documenting hauling and disposal Employee education and training including signage and training records Current FSF Permit
In the event of an overflow from a grease removal system, the owner must perform maintenance as necessary to discontinue the overflow within two (2) hours of being discovered. If not completed within two (2) hours of being discovered, the FSF must either: 1. Cease operation (and discharge) until such time that maintenance is performed, or 2. Have the maintenance performed by the City’s wastewater department at a cost of $700 per maintenance event and invoiced to the FSF. SECTION VI: GREASE HAULERS All grease haulers must have a City of Alexander City business license and must be licensed by the State of Alabama Department of Public Health as a pumper for onsite grease traps. Grease manifests shall accompany all grease interceptors and trap waste to the disposal site. The grease hauler shall complete the middle portion of the grease disposal manifest, deliver the manifest to the disposal site for completion, and return the completed manifest to the FSF. Grease trap maintenance shall include the following minimum services: • • • •
Complete removal of all grease interceptors or trap contents. Skimming or partial removal of the contents of the grease trap does not constitute adequate “maintenance”. Thorough cleaning of the grease interceptor or trap to remove grease and scum from inner walls and baffles. Cleaning of the filter must be completed while the grease trap is not discharging (i.e. while the contents are down). Complete middle section of the grease disposal manifest form and dispose properly of the grease interceptor or trap waste.
Top skimming, decanting or back flushing of the grease interceptor or trap or its contents for the purpose of reducing the volume of waste to be hauled is prohibited. Vehicles capable of separating water from grease shall not discharge separated water into the grease trap or into the wastewater collection system. SECTION VII: INSPECTIONS BY ALEXANDER CITY SUPERINTENDENT OF UTILITIES AND/OR DESIGNEES Compliance inspections may be conducted at the discretion of the Superintendent of Utilities, or his designee. The City 8 of 10
of Alexander City reserves the right to require the FSF to contact the Superintendent of Utilities or his designee prior to the scheduled pumping maintenance by the Grease Hauler such that the Grease Inspector, at his discretion, might observe the maintenance while it is being performed. If an FSF fails an inspection, the inspector shall issue an Acknowledgement Form notifying the FSF of their violation and the required course of corrective action and time frame. At the allotted time frame a re-inspection will be conducted, and the User will be assessed a fee of $100 for the first occurrence. If the FSF is found to be in compliance, the inspection schedule may return to routine at the discretion of the inspector. If the FSF fails the re-inspection, a notice of non-compliance shall be issued and corrective action must be performed on the grease interceptor or trap as directed in the Acknowledgement Form. A second re-inspection will be scheduled within 24 hours. The User shall be assessed a fee of $200.00 for all subsequent re-inspections until the FSF has satisfied the requirements of this ordinance. Reinspection fees will be invoiced to the User upon notice of non-compliance and must be paid within 30 days. Any FSF which receives three (3) notices of noncompliance within a 24 month period shall be deemed a nuisance by the Superintendent of Utilities and shall require corrective actions as determined by the Superintendent of Utilities to cure the nuisance, including, if deemed necessary, termination of all discharges to the sanitary sewer system and/or cessation of water service. SECTION VIII: PROHIBITIONS The following activities are specifically prohibited: •
•
Introduction of bacteriological, chemical, or enzymatic elements into the grease interceptor or trap or any element of the plumbing system is specifically prohibited unless directed by the Alabama Department of Public Health; a copy of the directive signed by the Health Officer must be provided. Disposal of fryer oil to the sanitary sewer system is specifically prohibited.
SECTION IX: PENALTY FOR VIOLATION Any person or entity (FSF) violating any provisions of this ordinance shall be penalized pursuant to the re-inspection fees as stated in Section VII, and continued non-compliance shall result in revocation of the FSF's Grease Control Permit, including the cessation of City water to the FSF. SECTION X: That any ordinance or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed and rescinded. Any former exemption, whether explicitly issued or implied, are null and void. Any entity meeting the definition of FSF must comply with the provisions of this ordinance. SECTION XI: That if any section, subsection, paragraph, or phase of this ordinance be declared invalid by the court of competent jurisdiction as pertaining to any particular application, it shall not affect the remaining portion of the ordinance or application to other provisions. SECTION XII: This ordinance shall become effective immediately upon its adoption and publication as required by law. ADOPTED AND APPROVED this 16th day of October 2017. 9 of 10
ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Ordinance No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
SEAL
Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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City of Alexander City Department of Public Works
MEMORANDUM TO: City Clerk, Mayor, City Council Members FROM: Sewer Department DATE: October 4, 2017 SUBJECT: Amending Grease Control Ordinance No.: 2013-15 Please add this item to the next council meeting agenda. The intent of the City of Alexander City’s Grease Control Ordinance is to prevent the discharge of FOG (fats, oils, and grease) to the City’s sanitary sewer system. This amendment is the second revision to the ordinance that was originally passed in 2009 and subsequently revised in 2015. After substantial evaluation and review, we feel that it is necessary to revise some of the standards established in the ordinance based on issues that have arisen over the past couple years. For your convenience, we have summarized the highlights below: The City will now be using an “acknowledgement form” to notify FSFs (food service facilities) of compliance issues and/or enforcement action. Grease filter requirements have been updated. The department now has a recommended filter, unless otherwise approved by the Inspector. Churches and child care facilities must now comply with the conditions of the ordinance. Permit requirements have been updated. City-provided BMP signage must be posted in all FSFs. Updated requirements for the installation of outdoor grease traps. FSFs now have the opportunity to submit an “alternative grease removal system request form”, which gives owners options when outdoor grease traps are not feasible.
Grease removal device maintenance must be performed at a 90 day minimum for outdoor traps, or at a 14 day minimum for indoor interceptors. The Inspector reserves the right to require that he be notified prior to maintenance activity so that he may be present to observe. Please note, food service facilities that remain in compliance with the previous Grease Control Ordinance No.: 2015-13, may continue to use their previously approved grease removal device provided that the conditions listed in Section III of the ordinance do not occur. The revisions to the Grease Control Ordinance will allow the City to comply with the provisions set forth in our FOG Program that was submitted to EPA under the Administrative Order on Consent. As previously stated, it is essential that we prevent the discharge of FOG to the City’s sanitary sewer system. Please do not hesitate to contact Gerard Brewer, John McWhorter, or Eddie Patterson with any questions or concerns at (256) 409-2000.
ORDINANCE NO. _________ An Ordinance to Declare Parcel 62 05 08 34 2 202 003.000 as Land No Longer Needed for Public Purposes and to Sell the Property at the Highest Price through Sealed Bids. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALEXANDER CITY, ALABAMA, AS FOLLOWS: SECTION 1. It is hereby established and declared that the following described real property of the City of Alexander City, Alabama, is no longer needed for public or municipal purposes, to-wit:
LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A" Parcel No.: 62 05 08 34 2 202 003.000 SECTION 2. That the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest respectively, for and on behalf of the City of Alexander City, Alabama, a statutory warranty deed conveying the premises described in Section 1, to the highest bidder through sealed bids opened on Tuesday, November 14, 2017, at 2:00 p.m. The sell and bidding process shall be advertised as all other legal notices and in other media as may be appropriate. The high bidder shall pay to the City the purchase price by certified funds on or before Wednesday, November 22, 2017. ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor CERTIFICATION OF CITY CLERK
The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Ordinance No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
SEAL Ayes: ____________________________________________________________________
Nays: ____________________________________________________________________ 1 of 3
ORDINANCE NO. _________ An Ordinance to Donate Parcel 62 05 08 33 4 001 001.014 (Parking Lot) to Lake Martin Economic Development Alliance for Future Economic Development. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALEXANDER CITY, ALABAMA, AS FOLLOWS: SECTION 1. It is hereby established and declared that the following described real property of the City of Alexander City, Alabama, is no longer need for public or municipal purposes, to-wit:
LEGAL DESCRIPTION Commence at an Iron pin known as the Southeast Comer of Section 33, T-23-N, R-21-E, Tallapoosa County, Alabama; thence West 1,246.83 1 to a point; thence North 1,176.76’ to an iron pin and the PONT OF BEGINNING for the herein described parcel of land (said point located on the North Rightof-Way (50') of Joseph Street: thence leaving said North Right-of-Way N 020 44' 20" E 206.93' to an iron pin; thence N 13 0 31' 52" E 51.41' to an iron pin: thence N 020 48 106" E 214.34' to an iron pin: thence N 23 0 11 '06" 22.21' to an iron pin; thence S 81 0 37' 04" 109.17' to an iron pin: thence S 020 23' 04" W 481.85' to an iron pin located on the North Right-of-Way (50') of Joseph Street; thence along said North Right-of-Way (50') of Joseph Street N 870 15’ 40" W 129.24' to an Iron pin and the point of beginning. Containing 1.37 acres, more or less, and lying in and being a part of the SE 1/4 of Section 33, T-23-N, R-21-E, Tallapoosa County. Alabama. Parcel No.: 62 05 08 33 4 001 001.014 See Attached Exhibit “A”: Boundary Survey SECTION 2. That the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest respectively, for and on behalf of the City of Alexander City, Alabama, a warranty deed, a copy of which is on file in the office of the City Clerk, whereby the City of Alexander City, Alabama, does convey the premises described in Section 1, hereof to the Lake Martin Economic Development Alliance for and in consideration of the sum of zero dollar ($0.00) for future economic development. ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
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CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Ordinance No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
SEAL
Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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Exhibit A to Ordinance No. ________ Parcel No.: 62 05 08 3 4 001 001.014
RESOLUTION NO. _________ A Resolution Authorizing Filing of Applications with the Federal Energy Regulatory Commission (FERC) by the Alabama Municipal Electric Authority (AMEA) on Behalf of the City of Alexander City, Alabama, a Member City of AMEA, for Waivers Under the Public Utility Regulatory Policies Act of 1978 (PURPA) From Purchase Requirements for Qualifying Facilities and Adopting Rules for Compliance with FERC’S PURPA Regulations. WHEREAS, PURPA is the Public Utilities Regulatory Policy Act of 1978 and its basic goal is to require electric utilities, which includes AMEA and the City of Alexander City, Alabama, hereinafter referred to as Participating Member, to purchase the output of certain generating facilities which may locate in their service territories at a negotiated rate or at “avoided cost”; and WHEREAS, PERC has promulgated rules which allow for waivers of compliance with PURPA obligations for nonregulated utilities; and WHEREAS, FERC has taken the position that all requirements providers of electric utilities may assume the responsibility for the purchase obligation set forth in PURPA; and WHEREAS, for facilities requesting PURPA Qualifying Facilities (QF) status, a waiver request would exempt Participating Member, a Member City of AMEA, from having to purchase the output, directing them instead to AMEA which would be required to assume that responsibility; and WHEREAS, on June 29, 2017, the Board of Directors of AMEA passed a Resolution which authorized the filing of the above referenced applications for waivers on behalf of AMEA and any Member City which wished to join therein. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE PARTICIPATING MEMBER AS FOLLOWS: Section 1. The above recitals are incorporated herein by reference as if fully restated. Section 2. The filing of said waiver requests with FERC by AMEA on behalf of Participating Member is hereby approved all at the cost of AMEA. Section 3. Regarding the assumption by AMEA of the responsibilities to purchase the output of facilities requesting PURPA Qualifying Facilities (QF) status in lieu of those Member Cities that wish to participate in the waiver application, the Governing Body hereby assigns to AMEA the responsibility for such purchases to AMEA and approves the assumption of said undertaking by AMEA. Section 4. Attached hereto and incorporated herein by reference as if fully restated are a Draft of AMEA's Rules for Compliance with FERC's PURPA Regulations which are hereby approved by the Governing Body to which Participating Member shall abide and provide, for any purchase obligation subject to these waiver requests, that (1) AMEA and Participating Member shall not avoid or frustrate the purpose of any PURPA-mandated obligation; (2) AMEA and Participating Member shall permit any facility with PURPA QF status to interconnect with the Participating Members' distribution systems; (3) AMEA and Participating Member shall not charge duplicative fees to any facility with PURPA QF status for interconnection or wheeling; (4) AMEA shall not subject a facility with PURPA QF status to any duplicative charges or additional fees as a result of AMEA's purchase of power from a QF that would otherwise be purchased by any one of the Member Cities; and (5) the Participating Member interconnected with the QF shall sell any capacity and energy to the QF that is required by it. Section 5. The Mayor and City Clerk of Participating Member be and each of them are hereby authorized to execute or accept such further documents and to take or cause to be taken any and all such further action as may be reasonably required on the part of the Participating Member to carry out, give effect to and consummate the transactions contemplated hereby. 1 of 1
ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 16th day of October 2017 WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
SEAL
Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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AMEA PURPA Waiver Program Overview • In 1978, Congress passed a law which requires all electric utilities, including municipally owned utility systems, to purchase power from independent generation resources called Qualifying Facilities (QFs). o This law which is known as the Public Utility Regulatory Policies Act of 1978 or PURPA imposes an obligation on electric utilities to buy power from a QF even if it has a power supply contract with another supplier. o A QF may be a cogeneration facility (combined heat and power) or a smaller generation facility that relies on renewable fuel sources such as wind, solar, water/hydro, geothermal, waste, or biomass. • In recent years, joint action agencies that are similar to the Alabama Municipal Electric Authority (AMEA) have petitioned the Federal Energy Regulatory Commission (FERC) to assume the purchase obligation PURPA imposes on member cities. • AMEA has studied the experience of other joint action agencies in taking over the purchase requirement that PURPA imposes on electric utilities like AMEA’s member cities. • The AMEA Board of Directors has considered the benefits and authorized AMEA management to develop a program for the member cities adoption.
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• AMEA management has observed that assuming the purchase requirement would have many benefits for its member cities including: o Providing a central contact point for developers of QF type projects; o Helping answer important questions on transmission, interconnection, and rates for purchase; o Making sure that all of the requirements of PURPA are met when a QF project is being developed; and o Streamlining the process for member cities when approached by a potential developer of a QF project. • Taking over the PURPA purchase obligation does not require the participation of all member cities. • Because the Power Sales Contract with the member cities currently provides for AMEA to acting in the interest of member cities with power supply matters the assumption of the PURPA purchase requirement remains entirely within AMEA’s mission and is consistent with AMEA’s traditional relationship with its members. • Before AMEA can assume the responsibility for the PURPA purchase requirement, the formal steps of adopting an implementation plan and seeking approval from FERC must be taken. • Support for the implementation plan and FERC filing will assist AMEA’s mission and role in delivering low cost resources for its member cities.
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RESOLUTION NO. _________ A Resolution to Authorize the mayor to Execute any and all Agreements with Pure Technologies for the Christian Creek / Dobbs FMs Condition Assessment (Smart ball). WHEREAS, the City of Alexander City intends to properly maintain its infrastructure, and WHEREAS, there exists a need to inspect 41,700 linear feet of 14 and 16 inch diameter ductile iron force main sewer pipe from the Christian Creek pump station to the Dobbs pump station and from the Dobbs pump station to the Coley Creek Wastewater Treatment Plant for the purpose of detecting leaks and gas pockets, and WHEREAS, the FY 2016/2017 Operational Budget does not include the needed $200,000.00 to complete said project, and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Alexander City, Alabama, hereby authorizes the Mayor to execute any and all agreements with Pure Technologies for the Christian Creek / Dobbs FMs Condition Assessment for an amount not exceed $200,000.00 and that the FY 2016/2017 Operational Budget be amended for an additional amount of $200,000.00. ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
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Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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RESOLUTION NO. _________ A Resolution to Authorize the Mayor to Execute a Memorandum of Understanding with the Tallapoosa County Non-Urbanized Area Public Transportation Program (ARISE, Inc) for In-Kind Services for FY 2018. WHEREAS, the City of Alexander City, Alabama, and the Tallapoosa County Non-Urbanized Area Public Transportation Program (ARISE, Inc.) both dedicated to services to the public, and WHEREAS, ARISE receives partial financial support from certain federal agencies, and WHEREAS, ARISE has requested a Memorandum of Understanding between ARISE and the City of Alexander City, Alabama, for “in-kind” donations which are matched with federal funds. THEREFORE, BE IT RESOLVED, by the City Council of the City of the City of Alexander City, Alabama, that the Mayor be and is hereby authorized to execute a Memorandum of Understanding with ARISE to donate said “in-kind” services for a total amount of $16,320.00 in fiscal year 2017/2018. ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
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Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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RESOLUTION NO. _________ A Resolution to set a Public Hearing to Rezone Parcel No. 62-12-02-09-4-001.006.000. BE IT RESOLVED, by the City Council of the City of Alexander City, Alabama that the City Council proposes to adopt an ordinance amending the Zoning Ordinance of the City of Alexander City, Alabama, to affect the zoning changes described below. The City Clerk is hereby instructed to publish in the Alexander City Outlook at Notice of Public Hearing for the regular scheduled Council Meeting on Monday, November 20th, 2017, at 6:00 p.m. to hear public comment on the proposed rezoning of certain property at the request of Alex. City Grading, LLC. for property located at the below address as described: To rezone from R-R (Reserve Residential) to I-1 (Light Industrial) (with all restrictions and limitations as provided by the Planning Commission), the following to wit: Parcel No.: 62-12-02-09-4-001.006.000 Property Location: Highway 63 South, Alexander City, AL 35010 ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
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Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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RESOLUTION NO. _________ A Resolution to set a Public Hearing to Rezone Parcel No. 62-06-09-30-2-001-008.000. BE IT RESOLVED, by the City Council of the City of Alexander City, Alabama that the City Council proposes to adopt an ordinance amending the Zoning Ordinance of the City of Alexander City, Alabama, to affect the zoning changes described below. The City Clerk is hereby instructed to publish in the Alexander City Outlook at Notice of Public Hearing for the regular scheduled Council Meeting on Monday, November 20th, 2017, at 5:30 p.m. to hear public comment on the proposed rezoning of certain property at the request of Alex. City Grading, LLC. for property located at the below address as described: To rezone from R-R (Reserve Residential) to I-1 (Light Industrial) (with all restrictions and limitations as provided by the Planning Commission), the following to wit: Parcel No.: 62-06-09-30-2-001-008.000 Property Location: 4246 Coley Creek Road, Alexander City, AL 35010 ADOPTED AND APPROVED this 16th day of October 2017. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 16th day of October 2017. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 16th day of October 2017. ________________________________ City Clerk of the City of Alexander City, Alabama
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Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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October 2, 2017 Twila Gordon 2063 Althea Loop Alexander City, AL 35010 256-749-7878 To Alexander City Council Members, Our church hosts an annual Holiday Market each year in November. We allow vendors to set up and sell gift items to community members and church members for a small donation of $25.00. 100% of their donation is given to the Relay for Life event each year. Our vendors include many church members that don’t otherwise sell items. For example, we have a man that builds birdhouses and small wooden crafts or a woman that crochets. We will also have vendors that sell jewelry and candles that might have a business license. We started this event to help people in our church buy Christmas gifts at one location without having to travel. It has always been well received and attended. We normally advertise in the Outlook to help attendance and make it worth the vendors’ time and money. We are requesting to have your permission to do this again this year on November 16 from 5:30-8:00 p.m. in the Fellowship Hall at Alex City Methodist Church. We are requesting that the special event fee and the business license requirement be waived due to the fact that all proceeds are donated to Relay for Life. We appreciate everything you do for our community and look forward to hearing from you. If you have any additional questions, please contact me. Thanks, Twila Gordon