City Council

May 22, 2023 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 May 22, 2023 at 4:30 p.m. The meeting was called to order by Councilman Harold Wales, 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 May 8, 2023 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 May 8, 2023 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 approved. Mayor Marks announced that Memorial Day is May 29th, 2023 and that a special event will be held at the Alabama Veteran’s Museum at 11:00am. Kenneth Baskins, Pastor of Athens First Methodist, addressed the City Council regarding support for rescinding the cannabis ordinance that was passed in November, 2022. Mr. Baskins stated that the quality of life in Athens is threatened by the approval of the ordinance. Jackie Jackson, Sycamore Lane, Elkmont, also addressed the City Council regarding the cannabis ordinance that was passed in November, 2022. Mrs. Jackson asked the Council to reconsider the study and believes that it would be a mistake to allow this in the Athens community. She read several excerpts from the Madison City Council regarding their decision to vote against the matter. Joe Teal, 22219 Diamond Pointe Drive, Athens, addressed the City Council regarding the article that Mrs. Jackson read and stated that the City Council could wait a year or two and see how the dispensaries work out in other areas. Mr. Teal stated that there are thousands of people opposed to the ordinance and asked the Council to rescind. Kevin Ward, 14477 Baptist Camp Road, Harvest, addressed the City Council and stated that he has been made aware that several people have made application to sell and farm cannabis. Mr. Ward is concerned about safety and the recreational use of the drug. Mr. Ward expressed his concern that there are still a lot of things that are unknown and asked the Council to prayerfully consider if it will be a benefit to the community. John Crocker, 17324 Brooklawn Street, Athens, addressed the City Council regarding the use of cannabis. Mr. Crocker stated that his wife is a clinical nurse practitioner and that she remarked that cannabis gummies will stay in a person’s system for three days. He expressed his concern that people will be driving around Athens with medical marijuana in their systems. Kelly Range, 303 Brookwood Drive, Athens, addressed the City Council stating that the cell phone is one of the most dangerous items on the road. Mr. Range remarked that chemo is not an exact science and neither is marijuana. He stated that one of his best friends, Frank Travis, was not given the opportunity of medical marijuana until the very end of his life and that it helps patients with pain and allows them to eat. Mr. Range expressed that he doesn’t want to lose his brother, who has leukemia, the same way that Frank Travis was lost. Scott Marshall, 212 East Street, Athens, expressed his support for what Mr. Range stated. Mr. Marshall is a cancer survivor and noted that if he had needed marijuana, he would have found it. Mr. Marshall said that is the wrong way and should be available legally. He is also concerned as to whether or not the City will be filed with a lawsuit if the ordinance is rescinded. Andrew McCartney, 26105 Apple Orchard Lane, Athens, voiced his support for Mr. Range and Mr. Marshall. He stated that these dispensaries are there to regulate the drug and take it off of the street. Mr. McCartney made a note, in regards to the cash side of the dispensaries, that when applying for the license, one is required to have a banking relationship. Ruby McCartney, 22235 Pepper Road, Athens, addressed the City Council and stated that the ones that are pushing for the ordinance to be rescinded, are pushing with the belief that it will legalize marijuana in the State of Alabama. She remarked that the bill states on page 3 that it is not true. Ms. McCartney’s son has been involved with the legalization of cannabis and she feels as though he is being slapped in the face. Henry Pollitz, 17386 Marie Drive, Athens, addressed the City Council regarding the cannabis ordinance. Mr. Pollitz stated that his son has leukemia and he believes the pastors should tend to the church and let the doctors tend to the medicine. He said that when most people have pain, they take pain pills and that this is much better for someone. Mr. Pollitz believes that if one of their children was sick, they would see differently. C.W. Kennedy, Pastor of Madison Street, stated that the pastors are all for everyone receiving medical attention. Mr. Kennedy noted that alcohol has a lot of medicinal properties but people abuse it. He remarked that they believe that down the road, it will be the case with medical marijuana. Mr. Kennedy noted that he loves the traditional conservative side of Athens. Councilman Seibert 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 Fire Department: April Davis Mileage February 14, 2023 – April 28, 2023 $ 104.15 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to approve the following for travel expenses for the Human Resources Department. Chanel Taylor Mileage – Various Departments/Interviews $33.67 Athens, AL March 2023 – April 2023 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for personnel of the Customer Accounts Department: Cameron Johnson NAPAA District Meeting $ 79.91 Cullman, AL May 11, 2023 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel of the Mayor’s Office: Holly Hollman Mileage for Youth Commission $ 7.21 May 11, 2023 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel: Brandon Pepper $135.75 TVPPA-Lineman Apprentice Lab 2-Huntsville, AL Logan Laxson $126.57 TVPPA-Lineman Apprentice Lab 2-Huntsville, AL Justin Patterson $112.68 TVPPA-Lineman Apprentice Lab 2-Huntsville, AL Chayse Carter TVPPA-Lineman Apprentice Lab 2-Huntsville, AL The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to approve the following applicant, for a “Restaurant Retail Liquor” alcohol license: Business Name: Mozza Pizza Buffet, LLC Dba: Mozza Pizza Address: 202 S. Jefferson Street Athens, AL 35611 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of replacement channel receivers, handheld microphones and lapel microphones, including installation and configuration. This equipment will be purchased from the ESB Group, Inc. in an amount not to exceed $4,000 to be funded from the existing information technology capital account. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of fifteen (15) Surface Pro 9 laptop computers from CDWG through the State of Alabama Purchasing Contract and the purchase of related accessories (chargers and docking stations) through Amazon. The total cost of the laptop computers and accessories is not to exceed $20,000 and shall be funded from the existing information technology capital account. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting at 4:30PM on June 26, 2023 to consider the request of Timothy Miller to zone +/- 30.04 acres to EST (Estate Residential and Agricultural District), located on the South side of Huntsville-Brownsferry Road, approximately 3,400’ West of I-65 (parcel #44-16-02-03-0-000-004.001 and 44-16-02-03-0-000-004.000) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting at 4:30PM on June 26, 2023 to consider the request of Karen Ann Burchfield to zone +/- 1.86 acres to EST (Estate Residential and Agricultural District), located on the South side of Huntsville-Brownsferry Road, approximately 2,950’ West of I-65 (parcel # 44-16-02-03-0-000-004.007 AND 44-16-02-03-0-000-004.008) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting at 4:30PM on June 26, 2023 to consider the request of William J. Burchfield and Karen Ann Burchfield to zone +/- 27.36 acres to EST (Estate Residential and Agricultural District), located on the South side of Huntsville-Brownsferry Road, approximately 2,700’ West of I-65 (parcel #44-16-02-03-0-000-004.006) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting at 4:30PM on June 26, 2023 to consider the request of Roger Wayne Miller to zone +/- 26.3 acres to EST (Estate Residential and Agricultural District), located on the South side of Huntsville-Brownsferry Road, approximately 2,400’ West of I-65 (parcel #44-16-02-03-0-000-004.005) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting at 4:30PM on June 26, 2023 to consider the request of Henderson Development Group, LLC to rezone +/- 114.2 acres from C-PUD (Conventional Planned Unit Development) to R-1-1 (Low Density Single Family Residential District), located on the South side of Pepper Rd, approximately 2,600’ East of Line Rd. (Tracts 1 and 2 of King Estate Subdivision) (parcel # 44-10-06-13-0-000-001.007, 44-10-06-13-0-000-001.001 ) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting at 4:30PM on June 26, 2023 to consider the request of Goodwyn Mills and Cawood, LLC to rezone +/- 7.5 acres from INST (Institutional District) to B-2 (General Business District), located on the East side of US HWY 31 N, approximately 1,350’ North of the intersection of US HWY 31 and East Pryor Street (parcel # 44-10-02-03-3-000-004.001) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2023 - 1886 A RESOLUTION CONCERNING APPOINTMENTS TO THE ATHENS CITY BOARD OF EDUCATION WHEREAS, in 2021, the Athens City Council confirmed that the Athens City Board of Education is composed of five members, not seven members, in accordance with § 16-11-2 of the Code of Alabama, and the council removed two positions from the board; WHEREAS, § 16-11-3 of the Code of Alabama provides that each board member’s term should be for five years, that the term of one member should expire each year, and that members serve on the board until their successor assumes office; WHEREAS, the terms of two school board positions (those currently held by Jennifer Manville and Shannon Hutton) are due to expire this year;  WHEREAS, in order to restore a structure where only one board member’s term expires each year, the City Council intends to appoint only one of the two board member positions by this Resolution (the board position currently held by Manville), but to refrain from appointing the second board member position (the board position currently held by Hutton) until 2026. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on May 22, 2023 at 5:30 PM, as follows: 1. Karen Clem is appointed to the Athens City Board of Education for a term of five years (until 2028). (This appointment is made by the council with the intent that this person will also be a representative for City Council District 2 on the school board.) Pursuant to § 16-11-3, the appointment will assume a new term of office at the next regular meeting of the board of education in June, 2023. 2. In order to restore a structure where only one board member’s term expires each year, the City Council does not intend to take any action on the school board member position occupied by Ms. Hutton until 2026. This position is a representative for City Council District 1. Ms. Hutton shall serve in such capacity until her successor assumes office. ADOPTED this the 22nd day of May, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Mayor Marks thanked all of the school board members and noted that Jennifer Manville had served ten years very well. The Mayor stated that he looks forward to working with the school City Board of Education in the future and that Karen Clem will be a great asset. Council President Wales also thanked Mrs. Manville for her service and stated that several people had asked him for a change. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2023 budget amendments as follows: Revenues 100.30955 – Appropriations for Personnel – Offset Increase in Public Works Salaries & Benefits (See Below) $ 36,096 Expenses Administrative and General 100.510.82600 – Janitorial Contract/Supplies $ 13,650 100.510.82150 – Other Professional Fees $ 10,000  Police Department 100.515.81200 – Building Maintenance $ 12,000 100.515.82404 – Vehicle Maintenance/Outsource $ 25,000 Street Department 100.517.82403 – Vehicle Maintenance–Supplies $ 20,000 100.517.82404 – Vehicle Maintenance–Outsource $ 50,000 100.517.82700 – Operating Expense $ 12,000 100.517.87000 – Special Projects $ 20,000 Sanitation Department 100.518.82407 – Tires $ 20,000 100.518.82700 – Operating Expense $ 7,500 Public Works Department 100.520.80102-80203 – Salaries & Benefits $ 36,096 100.520.82600 – Janitorial Contract/Supplies $ 6,500 100.520.83600 – Industrial Park Maintenance $ 15,000 Total Expenses $ 247,746 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 Seibert 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 2023 - 1887 A RESOLUTION TO ADOPT VISION ZERO ATHENS, A CITY-WIDE GOAL TO ELIMINATE TRAFFIC DEATHS AND SEVERE INJURIES AMONG ALL ROAD USERS WITHIN ATHENS BY THE YEAR 2040 WHEREAS, the life and health of City of Athens residents are our utmost priority; and WHEREAS, the growth and vitality of our city requires safe and reliable transportation systems; and WHEREAS, Vision Zero Athens is the concept that there is no acceptable number of traffic deaths and serious injuries on our roadways; and WHEREAS, the City of Athens recognizes that no one should die or be seriously injured while traveling on our city streets; and WHEREAS, people within underserved communities face a significantly disproportionate risk of traffic injuries and fatalities; and WHEREAS, streets and transportation systems have traditionally been designed primarily to move cars efficiently, and Vision Zero Athens supports designing streets and transportation systems to move all people safely, including people of all ages and abilities, pedestrians, bicyclists, through all modes of transportation; and WHEREAS, the City of Athens will strive to make streets safer for all people using all modes of transportation to encourage people to travel on foot and by bicycle, which supports a healthier, more active lifestyle and reduces environmental pollution; and WHEREAS, Vision Zero resolutions have been adopted by many jurisdictions across the United States; NOW, THEREFORE, BE IT RESOLVED, that the City of Athens adopts the goal of Vision Zero Athens — that no loss of life is acceptable on our city streets; and BE IT FURTHER RESOLVED that a Vision Zero Athens Safety Committee will be formed to advise City Council on the development and implementation of a Vision Zero Safety Action Plan. ADOPTED this the 22nd day of May, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 22, 2023, that the Council authorizes a capital amount of $45,200.00 to be funded from the Water Services Department operating budget for Krebs Engineering, Inc. to develop a wastewater collection system capital improvements master plan, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into this agreement to complete this work. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 22, 2023, that the Council authorizes the amount of $75,327.00 for the purchase of a Dodge 3500 construction service truck based on state bid costs, and the Water Services Director, for and on behalf of the City of Athens, is authorized to purchase this truck for the Water Services Department. 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 Seibert 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 Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 22, 2023, that the Council authorizes the amount of $460,486.00 for the purchase of an International Hx620 SBA 16-cubic yard tandem axle dump truck, a John Deere 135P-Tier Excavator and a Felling Trailers Model FT-50-3 LP Drill Series trailer based on state bid costs, and the Water Services Director, for and on behalf of the City of Athens, is authorized to purchase these equipment items for the Water Services Department. 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 Seibert 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 made for “Introduction Only” the following ordinance: ORDINANCE NUMBER 2023 - ________ AN ORDINANCE REPEALING ORDINANCE NO. 2022-2245 CONCERNING THE OPERATION OF MEDICAL CANNABIS DISPENSING SITES _____________________________________________________________________ WHEREAS, the City Council previously adopted Ordinance No. 2022-2245, which, pursuant to § 20-2A-51 of the Code of Alabama, authorized the operation of dispensing sites for dispensing and selling medical cannabis within the corporate limits of the City of Athens, Alabama; and WHEREAS, after due consideration, the City Council has reconsidered that decision, and it desires to repeal Ordinance No. 2022-2245. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on _____________, 2023, at ___ p.m., as follows: Section 1. Ordinance No. 2022-2245 is hereby repealed. Section 2. The operation of dispensing sites within the corporate limits of the City of Athens, Alabama is not authorized pursuant to § 20-2A-51 of the Code of 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 3. 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 4. 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 ______ day of ___________________, 2023. _______________________________________ HAROLD G. WALES, CITY COUNCIL PRESIDEN __________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES-THREET, CITY CLERK CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes-Threet, 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 ____ day of _____________, 2023. Witness my hand and seal of office this the ____ day of _________________, 2023. ___________________________________ Annette Barnes-Threet, City Clerk Council President Wales stated that this ordinance will be voted on in two weeks. * * * There being no further business to come before the meeting, Council President Wales duly and properly adjourned the meeting. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK