City Council

December 19, 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 December 19, 2016, at 5:30 p.m. The meeting was called to order by Councilman Joseph Cannon, 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 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 December 12, 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 Harper and was unanimously carried. The Chairperson stated that the Minutes of the December 12, 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 Harper and was unanimously carried. Mayor Marks introduced the 2016 Athens All-Star 10-11 year old boys soccer team and read a proclamation extending the City Council’s congratulations to the team for being named State Champs in the 2016 State Soccer Tournament in Dothan, Alabama. Those recognized were as follows: Team members Randy Cortes, Reyli Martinez, Carlos Roman, Alex Martinez, Jorge Mendoza, Franklin Vicente, Jonathan Soto, Arturo Diaz, Jesus Roman, Dylan East, Layton Romine, Brody Sheppard, and Ernest Vicente and Coaches John Sheppard, Alex Martinez and John Martinez. Wendy and Brian Land, 2611 Hickory Flats Trail, Huntsville, AL addressed the Council to publicly announce their plans to bring a Popeyes Louisiana Kitchen restaurant to Athens. She stated that the restaurant will be built at 1323 U.S. 72 East and will be an investment of over $2.7 million. The couple officially requested the Council consider granting them a tax incentive to help support the project. Ms. Mae Davis, 1201 Plainview Circle, addressed the Council to wish them a Merry Christmas and to express her appreciation for the Council’s recent approval of a sidewalk to be constructed on Brownsferry Street. Councilman Seibert introduced the following resolution at the December 12, 2016 meeting: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue a work order to Reed Contracting, under the Cities' Bituminous Asphalt bid to pave the following streets with their appropriate budgets. The total anticipated budget cost is $871,000 and shall be funded from the Capital Infrastructure fund. 2017 Budget Year Paving Program Cowford $180,000 Cambridge Estates (Dee Drive, Shwan Place and Christian Drive - $90,000 Athens-Limestone Dr & Frontage Road – $150,000 Crutcher Circle, Crutcher Street and Hayden Street - $120,000 Coffman Drive - $35,000 Coffman Circle --$20,000 Clearview Street and Lily Circle -- $ 60,000 (sewer repair) Sunset Street -- $11,00 1 Shady Lane- $25,000 Grove Lane- $30,000 West Brookwood - $15,000 Freeman Avenue -- $35,000 Bolyn Street -$100,000 Total --- $871,000 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reorganize the Fire Department in accordance with the attached organizational chart, which includes the following 40 positions:  Fire Chief  Administrative Assistant  Fire Prevention Chief  Fire Inspector  Battalion Chief (3)  Captains (9)  Drivers (19)  Firefighter II (3)  Firefighter I (2)  Note: Removed Deputy Chief position The motion was seconded by Councilman Travis and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to adopt the following revised job description for the Fire Department: (copy on file in Human Resources)  Battalion Chief, Grade 11, Job Description updated 12/07/2016. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2016-2009 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 12/19/2016 Add the following job title to the list of classified positions: 2  (1) Battalion Chief, Grade 11, Fire Dept. Delete the following job title from the list of classified positions: (1) Battalion Chief, Grade 10, Fire Dept. ADOPTED and APPROVED: This the 19th day of December, 2016. /s/ Joseph Cannon 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 Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Harper thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1500 A RESOLUTION CONCERNING 2016-17 MUNICIPAL APPROPRIATIONS FOR VARIOUS GOVERNMENTAL AGENCIES AND PURPOSES WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds for governmental purposes and governmental entities who serve various public purposes benefitting the citizens of Athens; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 19, 2016 at 5:30 p.m., as follows: 3  1. The Mayor or City Clerk is directed to appropriate $ 130,000 to the Athens Limestone Public Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to appropriate $ 16,000 to the Houston Memorial Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. The Mayor or City Clerk is further authorized to expend up to $ 12,000 in connection with the maintenance of the public library and museum. 3. The Mayor or City Clerk is directed to appropriate $18,000 to the Healthcare Authority of Athens & Limestone County, to assist in funding its operation of a transportation program available to city residents in need of kidney dialysis treatment. The Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to appropriate $ 8,000 to the Limestone County Commission, to assist in funding the operation of the Cowford Campgrounds, which are held open for the outdoor enjoyment and recreation of the citizens of Athens. The Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED this the 19th day of December, 2016. /s/ Joseph Cannon 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 19th day of December, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. 4  ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2016-1501 A RESOLUTION CONCERNING 2016-17 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to promote the economic and industrial development of the municipality; to develop, advertise, and promote the resources of the municipality; and to advertise the municipality and any function or undertaking of the municipality, pursuant to § 11-47-9 and § 11-47-11 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to maintain the health and cleanliness and the City; and improve its public parks, grounds, and boulevards, pursuant to § 11-47-130 and § 11-47-19 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to safeguard the public health and promote sanitation within the corporate limits of the municipality; to make appropriations for public health work; and to make 5 appropriations to aid hospitals, rehabilitation centers, and other related health care institutions in maintaining and taking care of the sick and wounded, pursuant to § 22-3-11 and § 22-21-2 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 19, 2016 at 5:30 p.m., as follows: 1. The Mayor or City Clerk is authorized to expend up to $10,000 in connection with operating costs of the Limestone County Council on Aging transportation services program for the elderly of the City. 2. The Mayor or City Clerk is directed to enter into a contract with Dr. Robert Pitman, D.V.M., an independent contractor, acting as the coordinator of the “SNYP” program, in such form and manner that is acceptable to the same, and, further, that the City will pay up to $5,000 in furtherance of the “SNYP” program, a program for the sterilization of the cats and dogs within Limestone County, Alabama. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 3. The Mayor or City Clerk is directed to enter into a contract with the Boys & Girls Clubs of North Alabama, in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs made available and open to the youth of the City. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Tourism Association, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $87,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and 6  advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 5. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Beautification Board, in such form and manner that is acceptable to the same, whereby the City will pay $5,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 6. The Mayor or City Clerk is directed to enter into a contract with Keep Athens Limestone Beautiful (KALB), in such form and manner that is acceptable to the same, whereby the City will pay $ 25,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 7. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone County Family Resource Center, in such form and manner that is acceptable to the same, whereby the City will pay $18,000 as an appropriation that is intended to assist in funding its operation of educational activities, recreational activities, social services and programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 8. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Learn-To-Read, in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation that is intended to assist in funding its operation of educational activities programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 9. The Mayor or City Clerk is directed to enter into a contract with the Spirit of Athens, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $25,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 7  10. The Mayor or City Clerk is directed to enter into a contract with the Alabama Veteran’s Museum, in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for activities concerning the operation and maintenance of the Alabama Veteran’s Museum, to the end of making it available and open to the public. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 11. The Mayor or City Clerk is directed to enter into a contract with the Mental Health Center of North Central Alabama, Inc. in such form and manner that is acceptable to the same, whereby the City will pay $10,000 as an appropriation in exchange for public health work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 12. The Mayor or City Clerk is directed to enter into a contract with the Athens/Limestone Children’s Advocacy Center, Inc. in such form and manner that is acceptable to the same, whereby the City will pay $8,000 as an appropriation in exchange for advocacy services for children. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 13. The Mayor or City Clerk is directed to enter into a contract with the Athens Recycling Center (which is itself a division of Keep Athens Limestone Beautiful) in such form and manner that is acceptable to the same, whereby the City will pay $ 52,000 as an appropriation in exchange for recycling services. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 14. The sum of $ 18,000 is hereby budgeted and set aside in fiscal year 2016-17 to the Office of the Mayor for special events activities in the City. The Mayor is charged with allocating and disbursing these funds to special events activities that provide significant educational, recreational, and/or entertainment benefit to the citizens of the City, with an emphasis on proven and effective events, and on those that advertise and promote the City. ADOPTED this the 19th day of December, 2016. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: 8 /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 19th day of December, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2016-1502 A RESOLUTION CONCERNING 2016-17 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES - RSVP WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on the item listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. 9  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 19, 2016 at 5:30 p.m., as follows: The Mayor or City Clerk is authorized to expend up to $ 3,000 in connection with operating costs of the Retired and Senior Volunteer Program (R.S.V.P.) transportation services program for the elderly of the City. ADOPTED this the 19th day of December, 2016. /s/ Joseph Cannon 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 19th day of December, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert with four yeas and one abstention by Councilman Wales. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1503 A RESOLUTION CONCERNING A CONTRACT WITH DR. ROBERT E. PITMAN REGARDING PROFESSIONAL VETERINARY SERVICES WHEREAS, the City Council desires to further amend the “Contract Between City of Athens and Dr. Robert E. Pitman, DVM” previously entered into between the City of Athens, Alabama (the “City”), and Dr. Robert E. Pitman of Athens, Alabama (“Pitman”), dated November 8, 2006, as amended on October 26, 2010 and as further amended on December 1, 2013 (the “Contract”) by extending the length of the term of the Contract such that it 10 expires on November 30, 2019, and increasing the amount of compensation due for the services rendered under such Contract; and WHEREAS, the City Council finds that this is a contract for professional veterinary service and provides for all of the attendant public benefits recognized therein, such as animal adoption, humane care, and humane euthanasia of animals. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on December 19, 2016 at 5:30 p.m., as follows: 1. The Mayor is hereby authorized, on behalf of the City of Athens, to execute the Third Amendment to Contract between the City and Pitman in substantially the form shown in Exhibit A to this Resolution, and to take all such actions as may be necessary to carry out and enforce the terms of that agreement. 2. The Mayor is further authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Resolution. 3. The general fund 2017 operating budget (line item 100.524.90197 – Animal Contract) is hereby amended to include an annual expense of $105,000, (an increase of $20,000 from the budget originally adopted for FY 2017). ADOPTED this the 19th day of December, 2016. /s/ Joseph Cannon 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 ) 11  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 19th day of December, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk EXIBIT A THIRD AMENDMENT TO CONTRACT This is the second amendment to the “Contract Between City of Athens and Dr. Robert E. Pitman, DVM” previously entered into between the City of Athens, Alabama, a municipal corporation organized under the laws of the State of Alabama (the “City”) and Dr. Robert E. Pitman of Athens, Alabama (“Pitman”), dated November 8, 2006 (the “Contract”, attached hereto), as amended on October 26, 2010 and as further amended on December 1, 2013. The effective date of this Third Amendment to Contract shall be December 1, 2016. WITNESSETH: WHEREAS, the City and Pitman desire to further amend the Contract by extending the length of the term of the Contract, and increasing the amount of compensation due for the services rendered under such Contract. NOW, THEREFORE, in consideration of the above, the parties hereto hereby agree as follows: A. Section 2 of the Contract is hereby further amended to read as follows: 2. Payment of Fees to Pitman. Commencing with the payment due in December, 2016, as consideration for Pitman’s performance of all of the duties and responsibilities set forth herein, the City shall pay Pitman the sum of $8,750.00 per month. Pitman shall be paid on a monthly basis. The City shall pay Pitman on or before the tenth day of each month. B. Section 9 of the Contract is hereby further amended to read as follows: 9. Term of Contract. This Contract shall be for a term commencing on December 1, 2006, and ending at the close of business on November 30, 2019. C. Section 13 of the Contract is hereby further amended to read as follows: 13. Notices. All notices issued by Pitman pursuant to this Contract shall be sent, via certified and regular mail, to the City in care of the Chief of Police, at the following address, or to any different representative of the City as may be directed by the Mayor: Chief of Police The City of Athens 951 East Hobbs Street Athens, AL 35611 All notices issued by the City pursuant to this Contract shall be sent, via certified and regular mail, to Pitman at the following address: Dr. Robert E. Pitman 1701 Highway 72 East Athens, AL 35611 D. All of the other terms and conditions of the Contract, as amended, shall remain the same. 12  IN WITNESS HEREOF, the undersigned have set their hands and seals this _______ day of _______, 2016. THE CITY OF ATHENS, ALABAMA BY:________________________________ TITLE: Mayor Attest: _________________________________ City Clerk ____________________________________ DR. ROBERT E. PITMAN STATE OF ALABAMA ) LIMESTONE COUNTY ) I, the undersigned Notary Public in and for said County in said State, hereby certify that Dr. Robert E. Pitman whose name is signed to the foregoing Third Amendment to Contract, and who is known to me, acknowledged before me on this day that, being informed of the contents of the same, he executed the same voluntarily on the day the same bears date. Given under my hand and official seal this the ____ day of ______________________, 2016. _____________________________ Notary Public My Commission expires: __________________ STATE OF ALABAMA ) LIMESTONE COUNTY ) I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that ______________________, whose name as Mayor of the City of Athens, Alabama, a municipal corporation, is signed to the foregoing Third Amendment to Contract, and who is known to me, acknowledged before me on this day that, being informed of the contents of the same, he, as such officer and with full authority, executed the same voluntarily for and as the act of said municipal corporation. Given under my hand and official seal this the ____ day of ______________________, 2016. _____________________________ Notary Public My Commission expires: __________________ 13 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2016 budget amendments:  Special Revenue Fund – Insurance (OPEB liability) $ 450,000  Capital Expenditure Fund 500,000  Capital Projects – as follows: City Hall-Furnishings and Landscaping $ 257,000 Strange Street Project Funding 65,000 Houston Library Capital Appropriation 35,000 Total Capital Projects $ 357,000 The funding for these expenditures will be from the FY 2016 general fund budget surplus through a 9/30/2016 budget amendment to the following line items: 100.527.90114 – Transfers Out-Special Revenue Fund $ 450,000 100.527.90112 - Transfers Out-Capital Expenditure Fund $ 500,000 100.527.90111 – Transfers Out – Capital Projects Fund $ 357,000 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2016-2010 ORDINANCE AMENDING A LEASE OF CERTAIN REAL PROPERTY TO VERIZON WIRELESS WHEREAS, Verizon Wireless has constructed a new wireless telecommunications tower in the City of Athens upon certain real property leased to it by the City at the City’s Sewer Treatment Plant; WHEREAS, the survey and legal description used in the original lease document needs to be revised slightly to reflect the “as-built” construction; WHEREAS, the “as-built” locations are acceptable to Athens Utilities and do not vary materially from the original drawing and descriptions; WHEREAS the Property is not needed for the municipal purposes of the City; and 14  WHEREAS, the City Council finds that the lease of the Property continues to serve a valuable public purpose. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on December 19, 2016, at 5:30 p.m., that the Mayor is authorized to cause the City’s existing Land Lease Agreement with Cellco Partnership d/b/a Verizon Wireless, dated January 8, 2016, to be amended such that Exhibits A (Sketch of Premises) and B (Survey) are replaced with corrected as-built drawings and legal descriptions. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Ordinance. ADOPTED this the 19th day of December, 2016. /s/ Joseph Cannon 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 the Ordinance duly adopted by the City Council of the City of Athens, on the 19th day of December, 2016. Witness my hand and seal of office this the ____ day of _________________, 2016. ___________________________________ Annette Barnes, City Clerk A copy of this lease will be on file in the City Clerk’s Office. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote 15 the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the regularly scheduled City Council Meeting January 9th, 2017 to Thursday, January 5th, 2017. The motion was seconded by Councilman Travis and was unanimously carried. Council President Cannon turned the Chairing of the meeting over to President Pro-Tem Seibert for the remainder of the meeting. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of January 23, 2017 to review the request from Billy Cannon Jr. on behalf of Lindsay Lane Baptist Church to rezone 2.58 acres of property on the southwest corner of the intersection of Lindsay Lane and Summit Lakes Drive, from R-1-3 and R-2-1 Residential Districts to the B-3 Business District. The motion was seconded by Councilman Harper with four yeas and one abstention by Councilman Cannon. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2016-1504 A RESOLUTION CONCERNING 2016-17 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES – THE ARC OF ALABAMA, INC. WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; 16  WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on the item listed below serves a valuable public purpose that has for its objective the promotion of morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 19, 2016 at 5:30 p.m., as follows: The Mayor or City Clerk is directed to enter into a contract with The ARC of Alabama, Inc. (Athens/Limestone ARC), in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs for persons in the City with cognitive, intellectual, and developmental disabilities. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED this the 19th day of December, 2016. /s/ Joseph Cannon 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 19th day of December, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ 17  Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. 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/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK 18