City Council

December 11, 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 December 11, 2023 at 4:30 p.m. The meeting was called to order by Councilwoman Dana Henry, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Harold Wales, Dana Henry, James E. Lucas, and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Councilman Wales 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 November 27, 2023 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 Seibert and was unanimously carried. The Chairperson stated that the Minutes of the November 27, 2023 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 Seibert and was unanimously approved. Mayor Marks reminded everyone that the next Council meeting would be held on December 18th, 2023. The Mayor noted that he knew of several sick with the flu and for everyone to take precautions to stay well. Councilman Lucas warned everyone of a scam that is going around and asked everyone to be cautious. Council President Henry expressed that the Christmas parade was wonderful and noted that a great crowd came out for Sippin Cider. Mrs. Henry noted that the teenage girl hit by a car before the parade was in her thoughts and prayers. PUBLIC HEARING DETERMINING THAT A STRUCTURE AT 705 BROWNSFERRY STREET IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Official, addressed the City Council stating that the owners of the property have complied and that no action was recommended at this time. The public hearing was closed. PUBLIC HEARING DETERMINING THAT STRUCTURES ALONG HATFIELD LAKE ROAD ARE UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Official, addressed the City Council stating that a lot of work has been performed but a lot of debris remains on the property and recommends condemnation. Don Spencer, Project Contractor, addressed the City Council concerning the work being performed on Hatfield Lake Road and stated that they are working as quickly as they can but removal of the debris has been slow. The public hearing was closed. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2023 - 1929 A RESOLUTION DETERMINING THAT STRUCTURES ALONG HATFIELD LAKE ROAD ARE UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority;  WHEREAS, the appropriate municipal official has presented information to the City Council about structures (herein referred to as the “Structures”) located at the real property described as follows: Address: Hatfield Lake Road, Athens, AL PARCEL # 10-08-28-0-000-003.000 and 10-05-21-0-001-014.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: Tract B, as shown on the Lakewood Subdivision Phase 1, recorded at Plat Book K, Page 158 in the Office of the Judge of Probate of Limestone County, Alabama (herein referred to as the “Property); WHEREAS, images of the Structures are shown below: WHEREAS, the appropriate municipal official has determined that the condition of the Structures are unsafe in that the Structures constitute a public nuisance to the citizens of Athens; WHEREAS, the City Council has conducted a public hearing concerning this matter, and has received and reviewed information (including applicable photographs) from the appropriate municipal official concerning the Property and Structures; WHEREAS, the Structures have been deemed unsafe to the extent that they are a public nuisance due to the following reasons:  (1) The building has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used; (2) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (3) The building has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (4) The building has light, air, heating, cooling, and sanitation facilities which are inadequate to protect the life, health, property, morals, safety, or general welfare of the public or the occupants; (5) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (6) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (7) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (8) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; (9) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structures were unsafe to the extent that they are a public nuisance, notice was issued pursuant to § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structures are unsafe in that they present a public nuisance to the citizens of Athens, and that the same are due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 11th, 2023 at 4:30 p.m., as follows: 1. The Structures shall be demolished by the City of Athens. 2. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department is authorized to contract, on behalf of the City of Athens, with a third party(ies) for an asbestos survey (if deemed necessary) and demolition of the unsafe structure(s), for a cost not in excess of $30,000.00, although the City Council directs that the cost be as low as possible to accomplish the intended purpose. Should the combined screening, remediation and demolition costs appear to exceed $30,000.00, then the appropriate municipal official is directed to report the same to the City Council prior to further action. 3. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. 4. After demolition, the appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structures so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. ADOPTED this the 11th day of December, 2023. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper 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. Marsha Sloss Mileage – TVPPA HR Management Conference $127.50 Nashville, TN November 15 - 17, 2023 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION Jake Holland $188.22 TVPPA-Line Design & Staking Certification Level 4-Knoxville, TN Clifton Kirby $126.04 TVPPA-Line Design & Staking Certification Level 4-Knoxville, TN Cody Fox $88.99 TVPPA-Construction Lab 2-Huntsville, AL Graham Pepper $63.45 TPPA-Construction Lab 2-Huntsville, AL Heath Pitman $46.24 TVPPA-Construction Lab 2-Huntsville, AL The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 11, 2023, that the Council authorizes the amount of $84,907.56 for the construction of an equipment shed for the Wastewater Collection Division of Water Services, and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute a contract with Summertown Metals LLC for this construction. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Parks and Recreation department: Kalie Brewer State ARPA Soccer Tournament Dothan, AL November 17-19, 2023 $ 498.00 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 ATHENS, ALABAMA to adopt the attached organizational chart for the Water Services Department, which includes 63 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 (5) 17. Collections Technicians (12) 18. Distribution Technicians (12) 19. Process Maintenance Technicians (4) 20. Distribution & Collection Inspector (2) 21. Wastewater Collection Crew Supervisor 22. Water Distribution Crew Supervisor (2) 23. Assistant Manager of Logistics 24. Asset Management Administrator & Maintenance Coordinator The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 11, 2023, that the Council authorizes an unbudgeted capital amount of $63,000.00 to be funded from the Water Services Department cash reserves for Krebs Engineering, Inc. to perform consulting services including conceptual design and easement acquisition for the buildout force main for the Lower Swan Creek Regional Lift Station, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this agreement to complete this work. Councilmember Seibert 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 seconded the motion to adopt the ordinance. 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 Wales introduced the following resolution: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 11, 2023, that the Council authorizes Change Order 3, an additive change order in the amount of $117,975.49 for the Lower Swan Creek Sewer System construction contract with Cleary Construction, Inc., and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute this 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 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 declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Lucas seconded the motion to adopt the ordinance. 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. Billy Cannon, 2387 South Hine Street, Athens, addressed the City Council and commended employees for the clean-up after the Christmas parade. Bill Davis, 201 Utah Street, Athens, addressed the City Council regarding issues due to the development in Cloverleaf subdivision. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Wales made the motion to adjourn and Councilman Lucas seconded the motion. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK