City Council

November 28, 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 November 28, 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. Wayne Harper offered the invocation. Mayor Marks was accompanied by Eian Lagunas, Levy Vazquez, Henry Grantland, Enzo Vega, Caleb Peoples, Corbyn Eaton, Jayden Pereyda, Ryan Tanner and Erick Martinez, members of the 8U Boys Soccer State ARPA Champions team, in leading 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 November 14, 2022 City Council Meeting had been submitted for approval. Councilman Wales 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 November 14, 2022 City Council Work Session Meeting had been submitted for approval. Councilman Wales 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 thanked Council President Seibert for his service and leadership over the past year. The Mayor noted that a lot of people attended Christmas Open House and that it was very successful. Mayor Marks announced that the tree lighting ceremony at the Courthouse will be held before the Christmas Parade on December 1st at 5pm. The Mayor introduced Mark Courville, Manager of Logistics and Strategic Asset Management with Athens Utilities Water and Wastewater Services Department, and welcomed him as an employee with the City of Athens. Chad Vining, Recreation Programs Administrator with the Cemetery, Parks and Recreation Department, thanked the Mayor and City Council for allowing him to recognize the 8U Boys Soccer State ARPA Champions and presented each with a certificate. Team members present were as follows: Corbyn Eaton, Henry Grantland, Eian Lagunas, Erick Martinez, Caleb Peoples, Jayden Pereyda, Ryan Tanner Levy Vazquez and Enzo Vega. Team members not present were: Bently Boyd, Brayan Leon and Giovanni Leon. Councilman Wales thanked Councilman Seibert for his leadership on the City Council and stated that he hoped everyone had a great Thanksgiving. Councilman Lucas stated that he had enjoyed serving with Councilman Seibert during his term as President of the City Council. Councilwoman Henry thanked Councilman Seibert for all that he has done as President of the City Council and for being very prudent with his time. Councilman Harper also thanked Councilman Seibert for his leadership and stated that he had enjoyed Christmas Open House on the Square during the past weekend. Council President Seibert stated that he had enjoyed his time as President of the City Council over the past year and thanked everyone for the kind words. Mr. Seibert remarked that he appreciates everyone shopping local. 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 Mayor’s office:  Linda Black Mileage – Athens Activities Center Trip to Sam’s to Purchase Supplies November, 2022 $ 28.75 The motion was seconded by Councilwoman Henry 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 John Deere BA84C Angle Broom from Trigreen Equipment to be purchased through the Sourcewell contract at a cost not to exceed $8,000. This purchase is to be funded from the existing Street Department capital fund. The motion was seconded by Councilwoman Henry 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 applicant for a “Off Premises Lounge Retail Liquor – Class I” alcohol license: Business Name: SHRI SHANI SAI INC. Dba: USA Mini Mart Address: 17785 US Highway 72, West Athens, AL 35611 The motion was seconded by Councilwoman Henry and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION A RESOLUTION APPROVING A NEW SOLID WASTE TRANSFER STATION FACILITY WHEREAS, the City of Athens is required by the Alabama Department of Public Health (“ADPH”), to provide a document of approval for The Limestone County Solid Waste Authority (LCSWA) to construct a new Solid Waste Transfer Station Facility located at 16100 BFI Lane, Athens, AL 35611. Said Solid Waste Transfer Station will serve Limestone County Alabama, its’ Municipalities, and Surrounding Areas. WHEREAS, said request does not affect the current waste type or waste stream for said location; and WHEREAS, in accordance Code of Ala. 1975, Section 22-27-48.1 the local government having jurisdiction must approve such permit application to ADHP; NOW, THEREFORE, be it RESOLVED by The City of Athens approves the application for a new Solid Waste Transfer Station located at 16100 BFI Lane, Athens, AL 35611. ADOPTED and APPROVED this, the 28th day of November, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2022 - 1853 A RESOLUTION AFFIRMING THE PLANNING COMMISSION’S FUTURE LAND USE AND DEVELOPMENT PLAN WHEREAS, one of the City of Athens Planning Commission’s duties is to make and adopt a plan for the physical development of the municipality, and to change the same from time to time as needed to meet the current and future needs of the City; WHEREAS, the commission has adopted the Athens 2040 Pathways to Excellence Comprehensive Plan, which plan is appended hereto as Attachment A to this Resolution, and that plan has been certified to this city council; WHEREAS, the commission’s adoption of the plan was carried out pursuant to § 11-52-10 of the Code of Alabama; and WHEREAS, the city council has reviewed the plan and wishes to affirm it through the adoption of this Resolution. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 28, 2022 at 4:30 p.m., that the Athens 2040 Pathways to Excellence Comprehensive Plan, appended hereto as Attachment A to this Resolution, is hereby affirmed. ADOPTED this the 28th day of November, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT A Attachment is on file in the Mayor’s Office and Planning Department The motion was seconded by Councilman Wales and was carried unanimously. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2022 - 1854 A RESOLUTION CONCERNING 2022-23 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 November 28, 2022 at 4:30 p.m., as follows: 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 $ 25,000 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 $ 10,000 in connection with the maintenance of the public library and museum. 3. The Mayor or City Clerk is directed to appropriate $ 25,000 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. ADOPTED this the 28th day of November, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Harper 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 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 Lucas introduced the following resolution: RESOLUTION NUMBER 2022 - 1855 A RESOLUTION CONCERNING 2022-23 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 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 November 28, 2022 at 4:30 p.m., as follows: 1. 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 $ 7,500 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. 2. 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 $20,000 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. 3. 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 $ 95,000 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. 4. 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 $ 6,000 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. 5. 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 $27,000 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 the Athens-Limestone County Family Resource Center, in such form and manner that is acceptable to the same, whereby the City will pay $ 22,000 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. 7. 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. 8. The Mayor or City Clerk is directed to enter into a contract with the Athens Main Street, in such form and manner that is acceptable to the same, whereby the City will pay $ 50,000 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. 9. 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 $ 15,000 as an appropriation in exchange for public health work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 10. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Children’s Advocacy Center in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for social services work. 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 Alabama Veteran’s Museum, in such form and manner that is acceptable to the same, whereby the City will pay $ 20,000 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. 12. 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.  13. The Mayor or City Clerk is directed to enter into a contract with The Athens-Limestone Community Association, in such form and manner that is acceptable to the same, whereby the City will pay $12,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, educational, social and cultural facilities, services and programs for the Citizens of Athens. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 14. The Mayor or City Clerk is authorized to expend up to $ 7,000 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 28th day of November, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA 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 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. The following ordinance was made for “Introduction Only” by Councilman Lucas at the regular meeting on November 14th, 2022, for further consideration at the November 28th meeting: ORDINANCE NUMBER 2022 - 2245 AN ORDINANCE AUTHORIZING THE OPERATION OF MEDICAL CANNABIS DISPENSING SITES _____________________________________________________________________ WHEREAS, there are residents in Alabama, and in this City, that suffer from a number of medical conditions whose symptoms could be alleviated by the administration of medical cannabis products if used in a controlled setting under the recommendation and guidance of their physician; WHEREAS, in 2021, the Alabama Legislature adopted Alabama Act 2021-450 (codified at Ala. Code § 20-2A-1, et seq. (1975)) (“Act 2021-450”), which created a heavily-regulated system for the controlled distribution of medical cannabis by authorized licensees within the State of Alabama; WHEREAS, such system does not provide for the recreational use of marijuana, but instead allows the use of medical cannabis upon the prescription of a physician to a patient undergoing medical care (such as a cancer patient in need of relief from debilitating pain);  WHEREAS, § 20-2A-51 of the Code of Alabama provides that dispensaries of medical cannabis may not be operated within a city, unless that city has authorized the operation of such dispensing sites; and WHEREAS, in order to support its residents who suffer from medical conditions that may require the use of these products, the City Council of the City of Athens wishes to adopt this ordinance in order to permit the operation of such licensed dispensaries within the corporate limits. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on November 28, 2022, at 4:30 p.m., as follows: Section 1. In accordance with § 20-2A-51 of the Code of Alabama, the operation of dispensing sites within the corporate limits of the City of Athens, Alabama is hereby authorized, subject to the provisions of Act 2021-450 and any relevant ordinances of the City of Athens, Alabama. “Dispensing sites” shall mean sites operated for dispensing and selling medical cannabis by a dispensary licensee or an integrated facility licensee in accordance with Alabama Act 2021-450, as adopted and as amended. Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 3. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED this the 28th day of November, 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. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Wales, Lucas, Henry and Harper; NAYS: None. Council President Seibert abstained from the vote. The President thereupon announced that the motion for the adoption of the said ordinance was approved. Councilman Wales introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Public Works Director to enter into a purchase agreement for a Large Format Pigment Printer from The Lioce Group at a cost not to exceed $10,000. This printer will be used in connection with the document management software used by the City’s Public Works and Athens Water/Wastewater Departments, the cost of which will be shared equally by the two departments. The Public Works Department’s share of the cost will be funded from the unallocated 2021 general fund surplus and the Water/Wastewater Department’s share will be funded from the 2023 Water/Wastewater capital budget. 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 Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Lucas 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 BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the attached organizational chart for the Water Services Department, which includes 61 regular status positions. 1. Water Services Director 2. Deputy Director 3. Engineer 4. Operations Administrator 5. Manager Logistics & Strategic Asset Management 6. Wastewater Treatment Plant Superintendent 7. Water Treatment Plant Superintendent 8. Collections Superintendent 9. Distribution Superintendent 10. Process Maintenance Superintendent 11. Wastewater Treatment Plant Chief Operator 12. Water Treatment Plant Chief Operator 13. Collections Supervisor (2) 14. Distribution Supervisor 15. Wastewater Treatment Plant Operators (7) 16. Water Treatment Plant Operators (4) 17. Collections Technicians (12) 18. Distribution Technicians (14) 19. Process Maintenance Technicians (4) 20. Distribution & Collection Inspector (2) 21. Wastewater Collection Crew Leader 22. Water Distribution Crew Leader 23. Assistant Manager of Logistics The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Harper introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the following job descriptions for the Water Services Department: (1) Distribution & Collection Inspector, Grade 16, Job description created 11.13.2022 (2) Wastewater Collection Crew Leader, Grade 17, Job description created 11.13.2022 (3) Water Distribution Crew Leader, Grade 17, Job description created 11.13.2022 (4) Assistant Manager of Logistics, Grade 19, Job description created 11.13.2022 The motion was seconded by Councilman Wales and was unanimously carried. Councilwoman Henry introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2022 - 2246 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for all full-time employees is hereby amended as follows, effective: 11.29.2022. Add the following job title to the list of positions for the Water Services Dpt. (5) Distribution & Collection Inspector (6) Wastewater Collection Crew Leader (7) Water Distribution Crew Leader (8) Assistant Manager of Logistics (9) Deputy Director Delete the following job title from the list of positions for the Water Services Dpt. (10) Capital Improvement Program Manager ADOPTED this the 28th day of November, 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 Wales 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, 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 Henry 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. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1856 A RESOLUTION CONCERNING SEVERANCE PAYMENT FOR FORMER MUNICIPAL JUDGE WHEREAS, upon reviewing its accounts, the City discovered that the former municipal judge did not receive various general increases in payment that were otherwise warranted due to general cost-of-living increases to all city employees; and WHEREAS, the City and the former municipal judge have agreed upon an acceptable amount to resolve the issue. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 28TH, 2022 at 4:30 p.m., that the Mayor (or his designee) is authorized, for an on behalf of the City of Athens, to enter into an agreement with Don Mansell, former municipal judge of the City of Athens, for the payment of $43,000 as severance payments related to his service as municipal judge (and for such other related terms, not inconsistent herewith, that the Mayor deems appropriate). Such amount would be paid and subject to normal withholdings in the same manner as prior payments for service by the former municipal judge. The City would also pay its share of applicable payroll taxes associated with such payment. The expenditure directed herein shall be funded from a budget amendment to the General Fund for the FY 2022 fiscal year. ADOPTED this the 28TH day of November, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, 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 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 Harper thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Lucas 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: Harold Wales is hereby elected as President of the City Council for a term of November 28th, 2022 through November, 2023. The motion was seconded by Councilwoman Henry and was carried with four yeas. Councilman Wales abstained. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: Dana Henry is hereby elected as President Pro Tem of the City Council for a term of November 28th, 2022 through November, 2023. The motion was seconded by Councilman Harper and was carried with four yeas. Councilwoman Henry abstained. Deborah Neidlinger, 302 Crutcher Circle, Athens, addressed the City Council concerning the need for sidewalks on Hine Street. Councilman Harper stated that Michael Griffin, City Engineer, is working on the cost to have sidewalks installed on Hine Street and Fifth Avenue. Erin Tidwell, City Planner, thanked the City Council for approving the Comprehensive Plan. Miss Tidwell introduced Gina Garth, President of the Planning Commission. Ms. Garth asked the City Council to consider how much time and effort City employees have put into creating the plan and commended them on a great job. * * * 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