City Council

August 8, 2016 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West in the said City on August 8, 2016, at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call the following were found to be present: Councilmember Chris Seibert, Harold Wales, Frank Travis, Joseph Cannon and Wayne Harper. Mayor Marks was present and led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Harold Wales offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the July 25, 2016 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. The Chairperson stated that the Minutes of the July 25, 2016 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. The Chairperson stated that the Minutes of the July 25, 2016 Special City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. Mayor Marks invited Councilman Travis to introduce local high school student Devin Simmons. Mr. Travis introduced Devin and commended him on his recent accomplishment of earning a silver medal in the NAACP’s ACT- SO (Afro-Academic, Cultural, Technological and Scientific Olympics) competition. He stated that Devin had won his medal in the cultural category performing the Stevie Wonder song, Living for the City. Devin performed the song for the Council and those in attendance and received a standing ovation for his performance. Mayor Marks then invited Parks and Recreation Director Ben Wiley to recognize two young athletes who have recently placed in the State Championship with the Athens Swim Team. Mr. Wiley introduced Conner Hill and Avery Graham and recognized them for placing in the thirteen and fourteen year old division and congratulated them on their achievements. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of one (1) 2016 Ford F150 Crew Cab 4 x 2 Pickup, from Stivers Ford Lincoln, at a total cost not to exceed $22,500.00, to be funded from the existing CPR Capital Account. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of one (1) Fireproof safe filing cabinet, from Safety File, Inc., at a cost not to exceed $5,000.00, to be funded from the existing CPR Capital Account. The motion was seconded by Councilman Wales and was unanimously carried. 1 Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for specified Water Services employees in the total amount of $1,723.85. Virgil White AWPCA Annual Technical Conference $729.46 (Wastewater) Phenix City, Alabama July 24-27, 2016 Roger Miller AWPCA Annual Technical Conference $504.01 (Water Services) Phenix City, Alabama July 24-27, 2016 Michael Furline AWPCA Annual Technical Conference $490.38 (Water Services) Phenix City, Alabama July 24-27, 2016 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel. Harold Wales Electric Cities Conference $317.70 Destin, FL Chris Seibert Electric Cities Conference $1,277.75 Destin, FL Gary Scroggins Electric Cities Conference $21.73 Destin, FL Susie Strickland RCS-PCD Training $70.81 Murfreesboro, TN The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Public Works Department to purchase a Dodge Quad Cab 350 flatbed truck for the Sanitation Department to be used by the Weed/Mowing Crew from Alabama DOT Surplus at a cost not to exceed $22,400. This vehicle shall be purchased from the Sanitation Capital Line Item. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to declare surplus a 2001 15 passenger van with approximately 160,000 miles. Authorize the Public Works Department to sell by Public Auction and apply proceeds of the sale to the Sanitation Capital Line Item. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the City Council will meet on Tuesday, August 30th at approximately 12:00 noon, at which time said meeting will canvass the final results of the 8-23-16 municipal election. The meeting will take place at City Hall, in the Council Chambers, located at 200 W. Hobbs St. Approved and adopted this the 8th day of August, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1480 A RESOLUTION CONCERNING AN AGREEMENT BETWEEN ATHENS UTILITIES AND THE CITY OF MADISON CONCERNING BILLING SERVICES RELATED TO GARBAGE AND TRASH COLLECTION WHEREAS, pursuant to prior agreements, Athens Utilities collects trash collection fees with respect to its customers in the City of Madison, and charges a service rate for such billing; WHEREAS, such charges are added to Athens Utilities regular invoice; WHEREAS, Athens Utilities and the City of Madison desire to extend this arrangement by the execution of a new agreement; WHEREAS, the City of Madison has established mandatory trash and garbage charges for residential dwellings, and Athens Utilities is willing to continue its collection of the charges, in exchange for a service charge. 3  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 8, 2016 at 5:30 p.m., as follows: 1. The Mayor and/or General Manager of Athens Utilities is authorized to enter into an agreement, on behalf of the City of Athens, Alabama, with the City of Madison, Alabama, whereby Athens Utilities will invoice and collect the City of Madison’s mandatory trash and garbage charges from its residential customers in the City of Madison, in substantially the same form as set forth in Exhibit A. 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out and enforce the terms of said agreement and the transactions contemplated by this Resolution. ADOPTED this the 8th day of August, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ____ day of _______, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk 4  EXHIBIT A AGREEMENT This Agreement is executed by and between the City of Madison, Alabama, a municipal corporation (hereinafter referred to as "City") and Athens Utilities, a division of the City of Athens, Alabama, a municipal corporation organized under the laws of the State of Alabama, (hereinafter referred to as “AU''). WITNESSETH: WHEREAS, the City has established and assessed mandatory trash and garbage collection charges for residential dwellings within the corporate limits of the City; and WHEREAS, AU has the means to invoice and collect said fees from the residents of those dwellings which are located in Limestone County and served by AU; and WHEREAS, the City desires to enter into this Agreement with AU for their provision of garbage and trash fee billing and collection services for those residential dwellings within the City that are located in Limestone County; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and conditions set forth herein, the parties agree as follows: Section 1. Commencement, Effective Date, and Term. This Agreement shall commence as of the date the authorized signatures of both parties are finally affixed. In the event the signatures are affixed on different dates, the latter date shall be deemed the date of commencement. The parties agree, however, that the terms of this Agreement shall be deemed to have been in effect and enforceable as of August 1, 2016, and shall remain and continue in full force and effect until July 31, 2017 (the “Term”), unless the same is terminated before said date pursuant to the provisions of this Agreement. Section 2. Services. As part of its monthly billing statement sent to its customers living within the corporate limits of the City, AU shall include a separate line item reflecting the total amount to be charged per residence for garbage collection and trash collection. AU then shall collect the fees remitted by those residential utility customers and disburse them according to Section 4. Each month, AU shall provide the City available financial data related to the charge and collection of the garbage service and trash service fees, such as the total number of residential customers living within the City which were billed by AU for those services; the total amount collected by AU for those services; the total amount recorded as receivables; and the total amount allowed for accounts uncollectible. Section 3. Payment for Services. For the services provided under Section 2, the City will pay, and AU will accept, seventy-five cents ($0.75) per residential customer located within the corporate limits of the City and billed by AU for utility services. Section 4. Remittance of Receipts. On a monthly basis, AU shall remit to the City all receipts for trash collection, less the amount owed to AU for all billing and collection services based on the fee set forth in Section 3, as determined by the prevailing contract price. On a monthly basis, AU shall remit directly to the Madison County Commission, Sanitation Division, as the City’s authorized contractor, all receipts for garbage collection as determined by the prevailing contract price. Section 5. Currency of Pricing. 5  It shall be the responsibility of the City to provide AU with the duly authorized ordinance reflecting the current contract pricing for each service being billed under this Agreement. In the event of any future amendments to the amounts to be collected, City shall notify AU immediately upon the Council’s authorization of such change and provide AU with a copy of the ordinance creating the change and provide the effective date thereof. The parties will cooperate to ensure any changes in pricing are approved, communicated, and implemented in an appropriate and timely fashion such that the contractor and the residents are billed and paid in accordance with the Council’s action. Section 6. Extension of Agreement. This Agreement shall conclude and terminate (i) at the end of the Term and (ii) upon a written notice by either party to the other that the Agreement has concluded and terminated due to the end of the Term. If the Term has concluded and such notice has not been issued, then the Agreement shall continue on a month-to- month basis, until such notice is issued. Section 7. Amendment. To become effective, any amendment of this Agreement must be in writing, authorized by each party’s governing body, and signed by their duly authorized representatives. Section 8. Indemnity. To the extent permitted by law, the City agrees to indemnify and hold AU harmless from all claims, lawsuits, actions or causes of action, which arise from or relate to AU’s performance of its obligations under this Agreement. Section 9. Termination of Agreement. AU may terminate this Agreement at any time during the Term by serving a written notice to the City at least six (6) months prior to the termination date. The City may terminate this Agreement during the Term by serving a written notice to AU at last six (6) months prior to the termination date. Section 10. Notices. Any notice provided pursuant to performance under this Agreement must be in writing and delivered by personal service, via a common carrier/document delivery service, or by placing the same in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the party as set forth below or such other address as the party may later designate by notice. To City: To AU: Mayor’s Office Gary Scroggins, General Manager City of Madison, Alabama Athens Utilities 100 Hughes Road 1806 Wilkinson Street Madison, Alabama 35758 Athens, Alabama 35611 IN WITNESS WHEREOF, the undersigned hereby affirm that they have the authority to execute this Agreement on behalf of their respective entities for the entire term and have hereunto set their hands and seals on the day and year respectively noted. /Signature Lines to Follow/ The motion was seconded by Councilman Seibert and was unanimously carried. 6 Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to re-appoint Della Darby to the Personnel Board for a five year term ending August 8, 2021. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Greg Greene as a Regular Member to fulfill the term of John McCartney to the Zoning Board of Adjustments ending June 26, 2018. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1481 A RESOLUTION APPROVING AN APPLICATION FILED BY THE SOLID WASTE DISPOSAL AUTHORITY OF ATHENS AND LIMESTONE COUNTY SEEKING AUTHORITY TO AMEND ITS CERTIFICATE OF INCORPORATION WHEREAS, an application was filed with the City Council of the City of Athens, Alabama (the “City Council”) requesting authority to amend the certificate of incorporation of The Solid Waste Disposal Authority of Athens and Limestone County (the “Authority”) under the provisions of the statutes codified as Chapter 89A of Title 11 of the Code of Alabama 1975, as heretofore or hereafter amended or supplemented (the “Act”), which application is attached hereto as Exhibit A (the “Application”); and WHEREAS, the City Council has duly reviewed the contents of the Application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: 1. That it is wise, expedient and necessary that the Authority amend its Certificate of Incorporation to alter the manner in which the Directors of the Authority are selected, such that two members are selected by the Athens City Council, two members are selected by the Limestone County Commission, and one member is selected by a majority of the other board members. 2. That the Chairman and Secretary of the Authority are authorized by the City Council to proceed to amend the certificate of incorporation of the Authority by filing for record an amendment to the certificate of incorporation in accordance with the provisions of Section 11-89A-5 of the Act and Exhibit A. ADOPTED this the 8th day of August, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: 7 /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 8th day of August, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert and was unanimously carried. 8 EXHIBIT A Application 9 10 11 12 13 14  * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Wales and second by Councilman Travis, duly and properly adjourned. /s/ Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK 15