City Council

March 11, 2024 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 March 11, 2024 at 4:30 p.m. The meeting was called to order by Councilman James Lucas, President Pro Tem of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Harold Wales, James E. Lucas, and Wayne Harper. Councilmember Dana Henry was absent. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Councilman Harper 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 February 26, 2024 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 Wales and was unanimously carried. The Chairperson stated that the Minutes of the February 26, 2024 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 Wales and was unanimously approved. Mayor Marks announced that the Chili Challenge had a great turnout. He remarked that Learn-to-Read’s Spelling Bee was held over the weekend and that the Home and Garden Show will begin on Friday afternoon and continue through Sunday afternoon. He noted that a barbeque festival will take place on March 23rd at the Sheriff’s Rodeo Arena. Mayor Marks recognized one of the Mayor’s Youth Commission members being present, Elijah Goins, and thanked him for his attendance. PUBLIC HEARING RELATING TO THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY EL AZTECA SUPERMERCADO Y TAQUERIA, LLC (NEW OWNER; FIRST APPLICATION FOR ALCOHOL) No one spoke in favor of or against. The public hearing was closed. Councilman Seibert 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 “SPECIAL EVENTS Retail On Premises Consumption” alcohol license: ATHENS LIMESTONE PUBLIC LIBRARY FOUNDATION Event: Wine & Chocolate Pairing Special Event Location: 603 South Jefferson Street Athens, AL 35611 Event Date: March 21, 2024 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, that the travel expenses in the following amount be approved for Electric Department personnel: Rhett Murphy $128.70 Alabama Vegetation Management Society Annual Conference – Tuscaloosa, AL Jimmy McBay $107.96 Alabama Vegetation Management Society Annual Conference – Tuscaloosa, AL 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 payment of budgeted travel/education expenses for the specified Water Services employee in the total amount of $126.63. Marc Courville Miscellaneous Driving of Person Vehicle $126.63 February 1, 2024 – February 29, 2024 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 appoint William R. Marks as the voting delegate for the Annual Business Meeting of the Alabama League of Municipalities on May 17th, 2024 in Huntsville, Alabama and appoint Council President Dana Henry as 1st alternate voting delegate. 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 authorize the Mayor to enter into an agreement with Route Smart for route planning for the Sanitation Department. This expense shall be taken from the Sanitation Department’s operating expense line item in the amount of $4,248. 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 authorize the Mayor to enter into an agreement with Ingram Equipment for third eye camera system for four residential and two commercial trucks in the Sanitation Department. This expense shall be funded from line item 518.85001 Operational Capital in the amount of $50,000 and purchased through the Sourcewell Contract# 110223-THC. 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 accept the low bid of Greenway Toyota of the Shoals for two (2) RAV4 LE vehicles for the Information Technology Department. The Price shall not exceed $58,982 for the two vehicles. Funding for this purchase will be through the existing Information Technology capital account from the funds allocated from the General Fund fiscal year 2023 surplus. 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, that a 2004 Komotsu WB140 Backhoe/Loader (VIN A40037) be declared as surplus property of the Water Services Division, City of Athens Utilities and sold at public auction on GovDeals.com. 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 declare the following dumpsters surplus. Forty 8 yard dumpsters, eleven 6 yard dumpsters, and nineteen 4 yard dumpsters. The proceeds of the sales shall be directed to the Sanitation Capital Fund. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1944 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE AN ALLEY ABUTTING EAST GREEN STREET WHEREAS, this resolution relates to an old 10’ wide alley abutting East Street, more particularly described as follows: THAT CERTAIN 10 FOOT WIDE ALLEY LYING BETWEEN TRACT 1-A AND TRACT 1-D OF BLOCK 29, AS SHOWN ON A MAP OF THE CITY OF ATHENS, ALAVAMA, AS SHOWN AT PLAT BOOK A, PAGE 17 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA (the “Public Way”); WHEREAS, for the aid of the reader, the alley is shown on an excerpt of the above-referenced map on Attachment A hereto, in the area shown as “Alleyway to Be Vacated”; and WHEREAS, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on Monday, March 11, 2024 at 4:30 p.m. as follows:  1. A public hearing is hereby scheduled for April 22, 2024, at 4:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611, concerning what action shall be taken on the issue of the proposed vacation of the Public Way. 2. The Mayor and the City Attorney shall cause notice of the proposed action, public hearing, and other relevant matters to be published, posted and served pursuant to § 23-4-2(a) of the Code of Alabama. ADOPTED this the 11th day of March, 2024. /s/ James Lucas PRESIDENT PRO TEM, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales made for “Introduction Only” the following resolution:  RESOLUTION NUMBER 2024 - _________ BE IT RESOLVED by the City Council (the "Council") of the City of Athens (the "City") in the State of Alabama as follows: Section 1. Findings. The Council has ascertained and determined and hereby finds and declares as follows: (a) the City proposes to issue not more than $50,000,000 aggregate principal amount of its General Obligation Warrants (the "Warrants"), for the purpose of paying a portion of the costs of acquiring, providing, equipping and constructing various infrastructure, cemetery, public safety, public building, public school and public park and recreation improvements in the City (collectively, the "Capital Improvements"), and paying the costs of issuing the Warrants; (b) the City expects to issue the Warrants by not later than May 15, 2024; (c) prior to issuance of the Warrants, the City and the Athens City Board of Education (the "School Board") expect to incur certain costs and expend certain moneys in connection with the Capital Improvements; (d) the City expects to allocate, from the proceeds of the Warrants, moneys to reimburse the City and the School Board for the expenditures made prior to the date of issuance of the Warrants; and (e) expenditures with respect to the acquisition, provision, equipping and construction of the Capital Improvements will be or have been paid by the City out of its general and/or capital projects funds, or, with respect to the public school improvements, by the School Board out of its local capital projects fund, pending the issuance of the Warrants. Section 2. Declaration of Official Intent. The City hereby declares its official intent to allocate a portion of the proceeds of the Warrants to reimburse the said funds of the City and the School Board, respectively, for expenditures incurred after the date that is no more than sixty (60) days prior to the date of the adoption of this resolution, but prior to the issuance of the Warrants, in connection with the acquisition, provision, equipping and construction of the Capital Improvements. This resolution is being adopted pursuant to the requirements of the Internal Revenue Code of 1986, as amended, and Treasury Regulations Section 1.150-2(e) promulgated thereunder. ADOPTED and APPROVED this, the ______ day of ___________, 2024. _________________________________________________ JAMES LUCAS, CITY COUNCIL PRESIDENT PRO TEM ________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES-THREET, CITY CLERK CERTIFICATION OF CITY CLERK STATE OF ALABAMA) LIMESTONE COUNTY) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ___ day of ____, 2024. Witness my hand and seal of office this_______ day of ________, 2024. ____________________________________________ City Clerk Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase one (1) Sutphen Extreme Duty Top Mount Custom Pumper HS-7511 fire truck at a cost not to exceed $1,150,000 from Williams Fire Apparatus. Funding for this purchase will be from the Capital Infrastructure Fund. The City Council finds that this purchase involves a product that is directly related to, and has a direct impact upon, the safety of individuals, structures, facilities, or infrastructures, and as such, competitive bidding is not required pursuant to § 41-16- 51(a)(15) of the Code of Alabama. The fire chief has reviewed the pricing for this product and concluded that the price is fair and reasonable. In addition, and alternatively, the fire chief reports that there is an urgent need for this purchase because, due to recent events, an existing, older fire truck with similar capabilities is not properly operable. This truck would act as a good replacement for that older truck, and it has become available with a short delivery time. The fire chief has documented two or more price estimates, and has concluded that this purchase, considering price and delivery time, is the best option for the City and public safety. As such, the City Council concludes that the delay resulting from a competitive bidding process would likely cause harm to individuals or public property, and as such, the purchase can be made without the requirement of a competitive bid process pursuant to § 41-16-53 of the Code of Alabama. Councilmember Wales 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 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 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 and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to issue a purchase order for one (1) Sutphen Heavy Duty 75’ Mid-Mount Aerial Ladder (SL-75) fire truck at a cost not to exceed $1,843,000 from Williams Fire Apparatus. This purchase will be made through the City’s membership in the HGACBuy purchasing cooperative, contract #HGAC FS12-23 and shall be funded from the Capital Infrastructure Fund. 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 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 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 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to issue a purchase order for one (1) Sutphen Heavy Duty 100’ Mid-Mount Aerial Ladder (SL-100) fire truck at a cost not to exceed $2,351,000 from Williams Fire Apparatus. This purchase will be made through the City’s membership in the HGACBuy purchasing cooperative, contract #HGAC FS12-23 and shall be funded from the Capital Infrastructure Fund. Councilmember Seibert 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 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 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 and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. * * * There being no further business to come before the meeting, Council President Pro Tem Lucas adjourned the meeting. /s/ James Lucas PRESIDENT PRO TEM, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK