City Council

August 22, 2022 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, Athens, Alabama, on August 22, 2022 at 4:30 p.m. The meeting was called to order by Councilman Chris Seibert, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Dana Henry offered the invocation. Mayor Marks led the Pledge of Allegiance. 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 August 8, 2022 City Council Meeting had been submitted for approval. Councilman Harper moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. The Chairperson stated that the Minutes of the August 8, 2022 City Council Work Session Meeting had been submitted for approval. Councilman Harper moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. Mayor Marks announced that the first annual Summerfest will be held on Saturday, August 27th on the Square and that all donations will go to Hospice. The Mayor also announced that Saturday will be the last Saturday Market for the season and that the Trinity Grand Reunion parade will be on September 3rd. Mayor Marks also noted that Labor Day is coming up. The Mayor mentioned that the Superhero Day and Run and the 9/11 Run will be on September 11th. Mayor Marks then read and presented a proclamation for Gynecologic Cancer Awareness Month to Amy Kerper. Councilman Wales stated that he is so excited about what he is seeing in Athens. Councilwoman Henry remarked that representatives from Athens Main Street were at the Main Street Alabama conference and brought home several awards. Mrs. Henry recognized those as follows: Excellence in Place Making – Refurb of Merchants Alley, Excellence in Design – Optimal Geo Headquarters Building, Excellence in Promotion – Merchants Alley Happy Hour Music Series, Excellence in Marketing – Downtown with Devin videos, and Main Street Hero Award – Doug Gates. Mrs. Henry recognized Athens Main Street as a huge part of the reason that citizens are so excited about events going on in Athens. Councilman Harper echoed Mrs. Henry’s comments and congratulated Athens Main Street for their awards. Council President Seibert also echoed their comments and praised the Athens High Football team for their big win on Thursday night against East Limestone. Mr. Seibert also noted that the city has suffered a huge loss with the passing of Doug Gates. PUBLIC HEARING RELATING TO THE ZONING APPROVAL FOR THE SALE OF ALCOHOL BY LA MISCELANEA PARTY STORE, 1010 N. JEFFERSON STREET, ATHENS No one spoke in favor of or against. The public hearing was closed. PUBLIC HEARING RELATING TO THE ZONING APPROVAL FOR THE SALE OF ALCOHOL BY AMS RETAILERS, DBA: ANKR FOOD MART, 1517 N. JEFFERSON STREET, ATHENS No one spoke in favor of or against. The public hearing was closed. PUBLIC HEARING RELATING TO THE ZONING APPROVAL FOR THE SALE OF ALCOHOL BY VICTORY MARKETING, DBA: SPRINT MART #2052, 400 HIGHWAY 31, SOUTH, ATHENS No one spoke in favor of or against. The public hearing was closed. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Engineering Services Department: Michael Griffin Public Works /ASCE Conference $ 791.25 Perdido Beach, AL July 12 – 16, 2022 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales 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. Beth Clem $97.28 RCS-PCB Training-Franklin, TN Kelvin Snyder $366.32 TVPPA-Engineering, Operations, and Technology Conference The motion was seconded by Councilman Harper 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 approve the following travel/education expenses: Annette Barnes Attending Government Finance Officers Association Conference Orange Beach, AL August 9-12, 2022 $ 690.30 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to approve the installation of network cabling and cabinet by Computer Support Systems (CSS) at the Athens Activities Center on Pryor Street at a cost of $3,317.00, to be funded from the existing Information Technology Capital Account. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to approve the purchase of a network switch and wireless access point for wi-fi internet for the Athens Activities Center on Pryor Street from C Spire Business at a cost of $5,024.39, to be funded from the existing Information Technology Capital Account. The motion was seconded by Councilman Harper 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 authorize the Mayor to issue a purchase order to Schafer Plastics North America in the amount of $51,549.98 for 403 95-gallon green residential carts and 390 95-gallon blue recycle carts. This purchase order shall be funded from Sanitation Operational Capital line item 518.85001. The motion was seconded by Councilman Harper 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 approve the purchase of a 2022 CA403 equipment trailer from Safford Equipment, in an amount not to exceed $9,000.00. This purchase shall be funded from the Street Department’s existing capital line item. The motion was seconded by Councilman Harper 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 authorize the Mayor to issue a purchase order to TriGreen Equipment, in an amount not to exceed $85,000.00, for the purchase of a 2022 John Deere compact excavator. The equipment is purchased from the Sourcewell Purchasing Agreement, Contract Number 032119-JDC (Membership# 43269). The equipment will be funded from the Street Department Capital line item. The motion was seconded by Councilman Harper 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 approve the purchase of a 2017 Ford 4x4 pickup from the State of Alabama, in an amount not to exceed $32,000.00. This purchase will be purchased from the Street Department’s existing capital line item. The motion was seconded by Councilman Harper 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 approve the purchase of one (1) 72” Z950M ZTrak zero turn lawn mower, from TriGreen Equipment in the amount not to exceed $11,000 to be funded from the existing CPR capital account. The motion was seconded by Councilman Harper 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 approve the purchase of one (1) 2018 Ford Pickup Crew Cab, from Alabama Department of Transportation (ALDOT) at a total cost not to exceed $30,000.00 to be funded from the existing CPP capital account. The motion was seconded by Councilman Harper 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 approve the purchase of one (1) John Deere Gator TS, 4x2 Tractor from TriGreen Equipment in the amount no to exceed $8,000 to be funded from the existing CPR capital account. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2022 - 2234 ORDINANCE GRANTING A FRANCHISE TO ELEGANT LIMOUSINE SERVICE LLC FOR A LIMOUSINE SERVICE WHEREAS, pursuant to Section 220 of the Constitution of Alabama, no entity shall be authorized or permitted to use the streets of the city of Athens for the operation of any private enterprise, without first obtaining the consent of the City of Athens; and WHEREAS, the City Council has determined to grant its consent to the use of its streets for the operation of a limousine service by Elegant Limousine Service LLC upon the terms of a franchise agreement as hereinafter provided. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on August 22nd, 2022 at 4:30 p.m., as follows: Section 1. In consideration of the benefits to accrue to the City of Athens (the “City”) and the inhabitants thereof, the City, pursuant to Section 220 of the Constitution of Alabama and other applicable law, extends the consent and franchise hereinafter set forth. Section 2. Elegant Limousine Service LLC (the “Franchisee”) is hereby granted the City’s non-exclusive consent and franchise to use the streets of the City for the operation of a limousine service. As used herein, a “limousine service” is a service through which persons can hire the Franchisee to provide transportation by limousine throughout the City for a specified time period in exchange for compensation, and is not for specialized transportation purposes, such as business courier, furniture hauling, medical, or agricultural transport purposes. Section 3. With respect to all of its activities within the City’s corporate limits, the Franchisee, its employees and agents shall comply with all federal, state and local laws, as they now exist or are hereafter amended, expressly including but not limited to those concerning the use of the City’s streets, as they now exist or may hereafter be amended.  Section 4. The Franchisee’s exercise of this franchise shall be limited to the Franchisee’s travel along the streets of the City through its motor vehicles. Any and all such motor vehicles shall at all times comply with all state and local laws. Section 5. Franchisee shall indemnify, defend, and hold the City (as well as its officers, employees, agents, and affiliates) harmless from any actions, claims, liability or damages resulting from any actions taken by Franchisee or its agents pursuant to this Ordinance, including but not limited to the negligence/misconduct of Franchisee, its agents or employees, in the operation of its private enterprise. Such indemnification shall be for all damages, costs, and attorney fees. The City shall notify Franchisee after the presentation to the City Clerk of any written claim for damages, either by suit or otherwise, made against the City on account of any actions of Franchisee, its agents or employees. This section shall survive the termination of this franchise. Section 6. The consent and franchise hereby granted may not be assigned without the written consent of the City. Section 7. Franchisee shall pay to the City a franchise fee of $25.00 on or prior to the publication of this Ordinance. Section 8. Franchisee shall, throughout the term of this franchise, maintain a current business license with the City. Section 9. This Ordinance shall be published by the City Clerk in accordance with the applicable provision of Ala. Code § 11-45-8 (1975). The expense of such publication shall be paid by Franchisee, according to law. Section 10. Franchisee shall file a written acceptance of the franchise with the City Clerk within 14 days after the date of this Ordinance. The acceptance shall state that Franchisee agrees to be bound by and carry out the terms and conditions of this Ordinance. The franchise shall go into effect when the acceptance has been filed, and upon such filing, this Ordinance shall constitute a contract between the City and Franchisee. Section 11. If any part of this Ordinance shall be held invalid for any reason, such holding shall not invalidate or impair the remainder of it. Franchisee is an independent operator, and is not an agent, contractor, or employee of the City. Franchisee has no authority, express or implied, to act on behalf of or bind the City in any capacity. The City's waiver of any term or breach hereof shall not be considered to be a waiver of any other term or breach, nor of a subsequent breach of the one waived. Section 12. This franchise shall continue in effect for three (3) years from the date it is accepted, or until termination; however, Franchisee may terminate this franchise at any time by written notice to City. No amendment hereto shall be made unless it is authorized by the City Council. Section 13. The City reserves the right to suspend or terminate this franchise and all rights of Franchisee if (i) Franchisee violates any provisions of this Franchise, including the requirement that Franchisee abide by all laws and ordinances, (ii) Franchisee’s agents and employees are convicted of any crime of moral turpitude, any DUI offense, or any offense relating to controlled substances, or (iii) whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals. The City Clerk may terminate this franchise where Franchisee has failed to keep in full force any applicable licenses or permits required by federal, state or local law or regulation. Section 14. Miscellaneous. (a) This Agreement shall be governed by and construed in accordance with the laws of the state of Alabama. (b) City and Franchisee consent and submit to the jurisdiction of the state courts of Limestone County, Alabama and/or the United States District Court for the Northern District of Alabama, Northern Division, and expressly agree that the counties in which such courts are situated will be the exclusive venues for any suit, action or proceeding arising out of or related to this Ordinance.  Section 15. This Ordinance shall become effective upon adoption, and upon the acceptance set forth in Section 10. ADOPTED this the 22nd day of August, 2022. /s/ Chris Seibert 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 Lucas moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilwoman Henry introduced the following resolution: Resolution to Renew Contracts for Revenue Administration BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the City Clerk of the City of Athens to renew the Tax Revenue Enhancement Agreements with AVENU Insights & Analytics, LLC (formerly RDS), for three (3) years, for revenue administration for the City of Athens. These agreements include the administration, remittance processing, compliance and reporting services for the City’s sales and use, rental, lodging, gas, alcohol, and tobacco taxes and business license discovery/recovery. The effective date for the performance of services under the terms of these agreements shall commence September 1, 2022. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following resolution: 2022 BCBS Alabama Campaign Grant – Fitness Court Installation Quote Resolution Be it resolved by the Athens City Council that the Mayor is authorized to accept the quote and sign the agreement with Engineered Installation Solutions, the authorized installation company provided by the 2022 Blue Cross Blue Shield Alabama Campaign Grant Program for the City’s Fitness Court at the Sportsplex. The quote is $25,000 and will be covered by the grant project. (Note: The city’s match for the grant project is already budgeted.) The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2022 - 1834 Resolution Adopting Transportation Plan Pursuant to the Rebuild Alabama Act  WHEREAS, the Alabama legislature in Act. No. 2019-2 adopted the Rebuild Alabama Act; WHEREAS, the Rebuild Alabama Act provides for an allocation among the municipalities of the state on the basis of the ratio of population of each municipality to the total population of all municipalities of the state a portion of the additional taxes levied under the Act to be used for transportation infrastructure, improvement, preservation and maintenance; WHEREAS, the Act provides that the municipal governing body of the City of Athens, Alabama, shall adopt an annual Transportation Plan no later than August 31 which shall provide a detailed list of projects for which expenditures are intended to be made in the next fiscal year and shall be based upon an estimate of the revenues anticipated from the fund in which the additional revenue is deposited during the next fiscal year; and WHEREAS, the Act further provides that any such funds shall be used only for the maintenance, improvement, replacement, and construction of roads and bridges maintained by the City of Athens and such other uses as are defined in the Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Athens, Alabama as follows: 1. The City Council of the City of Athens, Alabama hereby passes this Resolution as its Transportation Plan submitted in compliance with the Rebuild Act, Act No. 2019-2. 2. Pursuant to the Act, the City Council of the City of Athens, Alabama estimates that its anticipated allocation from the Rebuild Alabama Act fund for the 2022-2023 fiscal year will be approximately $200,000. 3. Pursuant to the Act, the City anticipates expending funds received pursuant to the Act, in part or in whole, to fund any of the following listed projects:  Elkton St, from Pryor St to Elm St  Hobbs St, from Athens State to US-31 4. The City Clerk is hereby authorized and instructed to post a copy of this Resolution as its Transportation Plan in a conspicuous place at the City Municipal Hall, and also on the website of the City of Athens, Alabama. 5. The City Clerk has established a separate fund maintained by the City for receipt and deposit of funds received pursuant to the Act, the proceeds of which shall be expended solely for the maintenance, improvement, replacement and construction of roads and bridges maintained by the City and such other uses as are authorized by the Act. ADOPTED and APPROVED this, the 22nd day of August, 2022. /s/ Chris Seibert 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 Lucas and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2022 – 1835 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue funds to support a portion of intersection improvements at Moyers Rd and Lucas Ferry in the amount of $3,000. Improvements will include solar powered flashing stop signs and stop ahead on both sides of the intersection along Moyers Rd. The project shall be funded from the Gas Tax. ADOPTED and APPROVED this, the 22nd day of August, 2022. /s/ Chris Seibert 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 Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, 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, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Lucas thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 – 1836 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into a signal maintenance agreement with the Alabama Department of Transportation at the following locations:  SR-304/US-31  SR-304/I-65 South Ramp  SR-304/I-65 North Ramp ADOPTED and APPROVED this, the 22nd day of August, 2022. /s/ Chris Seibert 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 Lucas and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2022 - 1837 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into a lighting maintenance agreement with the Alabama Department of Transportation at the following locations:  SR-251/Lindsay Lane ADOPTED and APPROVED this, the 22nd day of August, 2022. /s/ Chris Seibert 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 Wales and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on August 22, 2022, that the Council authorizes Change Order 2, an additive change order in the amount of $24,207.35 for the Wilburn Street Pipe Bursting Project contract with RDJE, Inc. and increasing the contract amount from $613,920.47 to $638,127.82 and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute the change order. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Henry thereupon moved that the resolution be finally adopted, 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, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION ACT 2022-229 (Local Unit Retirees and Beneficiaries of Deceased Retirees) BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, that the City of Athens, through its governing authority, elects to come under the provisions of Section 1 of Act 229 of the Regular Session of the 2022 Legislature. The City of Athens agrees to provide all funds necessary to the Employees’ Retirement System to cover the cost of the one- time lump sum payment as provided for by this Act for those eligible retirees and beneficiaries of deceased retirees of the City of Athens with the aforementioned lump sum payment being paid in October 2022. CERTIFICATION I, Annette Barnes, City Clerk of the City of Athens, Alabama, hereby certify that the foregoing is a true and correct copy of the Resolution passed on this 22nd day of August, 2022 /s/Annette Barnes-Threet City Clerk Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Lucas thereupon moved that the resolution be finally adopted, 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, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1838 A RESOLUTION CONCERNING THE PURCHASE OF BICYCLE RACKS FOR THE DOWNTOWN AREA WHEREAS, there is an increased use of pedestrian activity in the downtown area, including the use of bicycles by citizens and visitors; and WHEREAS, the City Council desires to purchase bicycle racks and have them installed in Merchants Alley for use by the general public. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 22nd, 2022 at 5:30 p.m., as follows: 1. The Mayor (or his designee) is authorized, for an on behalf of the City of Athens, to purchase four (4) U Racks with Lean Bars, along with accompanying stud/removable concrete anchors, for no more than $2,000, from Graber Manufacturing, and then to cause the same to be installed by city personnel at the western entrance of Merchants Alley along the north wall. 2. In connection with the foregoing, the Mayor (or his designee) is authorized, for and on behalf of the City of Athens, to issue purchase orders or enter into agreements with respect to the purchase of the same. The Mayor is further authorized to apportion some of these bicycle racks to other public areas within the downtown area (such as the Farmer’s Market) if it is determined that the number placed at Merchants Alley is sufficient. 3. The purchases directed herein shall be from the following fund: Mayor’s Discretionary Fund. ADOPTED this the 22nd day of August, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. Mayor Marks noted that the Foundation on Aging has motioned to pay for a bench in memory of former City Councilman, Frank Travis. The bench will be placed at City Hall. The Foundation on Aging will also be purchasing a bench in memory of Kathy Cothren. The Mayor mentioned that he had met with Wilbert Woodroof and Diane Steele regarding some issues of concern of the NAACP. Mayor Marks gave an update of those concerns and previous issues. Tony Kirk, 16781 McCulley Mill Road, Athens, thanked the City Council concerning the retiree one-time lump sum payment and also, he asked the City Council and Mayor to please consider an interim Fire Chief for the current vacancy and to consider any internal applicants for the position for Fire Chief. * * * There being no further business to come before the meeting, Council President Seibert declared the meeting duly and properly adjourned. /s/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK