City Council

April 8, 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 April 8, 2024 at 4:30 p.m. The meeting was called to order by Councilman Lucas, President Pro Tem of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, James E. Lucas, and Wayne Harper. Councilmembers Harold Wales and Dana Henry were absent. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Councilman Seibert 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 March 25, 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 Harper and was unanimously carried. The Chairperson stated that the Minutes of the March 25, 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 Harper and was unanimously approved. Mayor Marks reported that the Ubora Festival held on Saturday had a great turnout. The Mayor noted that the solar eclipse had taken place earlier in the day and was glad to see the clouds clear so that all of the kids could have the experience. Councilman Seibert noted that the Veteran’s Museum had a groundbreaking for a new park on Saturday, April 6, 2024 and encouraged everyone to visit the museum. Council President Pro Tem Lucas recognized Laverne Gilbert for her passion regarding litter and thanked her for all that she does to keep the city looking nice. 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 January 1, 2024 – March 31, 2024 $ 330.31 Jesse Knox Recruit School March 26, 2024 – March 29, 2024 Muscle Shoals, AL $ 122.09 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 THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel: Nathan King $104.86 Utility Technology Metering School – Auburn, AL 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 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 $108.54: Steven Cobb Miscellaneous Driving of Personal Vehicle $108.54 March 4, 2024 – March 14, 2024 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 THE CITY OF ATHENS, ALABAMA, to reschedule the regular City Council meeting on May 27th, 2024 to May 20th, 2024, at the same place and time. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1948 WHEREAS, the City of Athens is considering applying for federal grant funds to address community development needs in the City of Athens; and WHEREAS, the City of Athens has elected to utilize the services of a grant consultant to assist the city in pursuing, developing, preparing, submitting, and implementing all federal grant application and projects if approved; NOW, THEREFORE, BE IT HEREBY RESOLVED, the Athens City Council authorizes Holly Hollman, City of Athens Grants Coordinator, to begin formally advertising for Statement of Qualifications from qualified grant consulting firms to assist the city in the application development process and grant implementation process through 2027. READ AND ADOPTED this the 8TH day of April 2024. Signed for the City of Athens: /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 Harper 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 April 8, 2024, that the Water Services Director is authorized to purchase a water box from Harben, Inc., for use by the Wastewater Collection Division of the Water Services Department at a cost of $85,062.82. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM RESOLVED that the City of Athens, Alabama Informs the Department of Environmental Management that the following actions were taken by the Wastewater staff and the City Council: 1. Reviewed the MWPP Annual Report for calendar 2022 which is attached to this resolution. 2. Set forth the following action and schedule necessary to maintain effluent requirements contained in the NPDES Permit, and to prevent the bypass and overflow of raw sewage within the collection system or at the treatment plant: a) Commence detailed design for compliance improvements in the Wastewater Treatment Plant; b) Complete construction of the last section of the Swam Creek Sewer Trunk Line improvements to eliminate bottleneck issues in this line; c) Complete detailed design of the proposed new Wastewater Treatment Plant primary lift station to facilitate conveyance to and receiving capacity at the Wastewater Treatment Plant; d) Continue smoke testing and leak detection repair and rehabilitation in the sewer collection system to reduce rain dependent inflow experienced in the sewer collection system. Passed by a unanimous vote of the City Council on April 08, 2024. /s/ James Lucas PRESIDENT PRO TEM, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1949 A RESOLUTION CONCERNING THE PRYOR FIELD REGIONAL AIRPORT AUTHORITY AND GRANTS FOR AIRPORT IMPROVEMENT PROJECTS _______________________________________________  WHEREAS, the City of Athens, along with other public entities, is a sponsor/owner of the Pryor Field Regional Airport Authority (the “Authority”); WHEREAS, the Authority has requested the ability to apply for and accept grants for airport improvement projects on behalf of the several sponsors of the authority, including the City of Athens; WHEREAS, the City Council is willing to allow the Airport Authority to do so, subject to certain limitations; WHEREAS, among other things, the City Council wishes to ensure that the Authority is not empowered to apply for and accept grants for airport improvement projects that commit the City to any financial obligation beyond that of any funds already received by the Authority as a part of the City’s annual appropriation to said authority (if any); and WHEREAS, this Resolution is a renewal of substantially-similar City Council Resolutions No. 2015-1417, No. 2009-1092, and No. 2018-1584. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 8th, 2024 at 4:30 p.m., as follows: 1. The Pryor Field Regional Airport Authority (the “Authority”) is authorized to apply for and accept grants for airport improvement projects from the Federal Aviation Administration and Alabama Department of Transportation, on behalf of the City of Athens, upon certain conditions, as follows: (i) All other owners/sponsors of the Authority are participating in the applicable grant; (ii) The financial obligation of the City of Athens in any given year with respect to any grants involving the Authority could not and will not in any case exceed any amount of any appropriations that have been received from the City of Athens in that year (if any); and (iii) Unless the amount of any local match (required as a part of the terms of the applicable grant) has already been expended by the Authority and recognized by the granting authority, the Authority will retain, from the funds that have at that time already been received from the City of Athens as a part of any annual appropriation by the City to the Authority, such an amount of funds that is equivalent to the amount of local contribution required by the City of Athens under the terms of the applicable grant, and, if required by the grant, expend those funds as that part of the local match that is required by the City of Athens. 2. This Resolution shall not be interpreted to create any obligation by the City to appropriate funds to the Authority, or any funds of a particular amount. This Resolution shall not be interpreted to interfere in any way with the City Council’s discretion in deciding whether to grant appropriations to the Authority.  3. The Mayor of the City of Athens is authorized to execute federal grant agreements awarded by the U.S. Department of Transportation – Federal Aviation Administration, with the City (and all other owners/sponsors of the Authority) acting as a sponsor with respect to the same, subject to the limitations set forth herein. Any such approval by the Mayor remains expressly subject to the limitations stated herein. ADOPTED this the 8th day of April, 2024. /s/ James Lucas PRESIDENT PRO TEM, CITY COUNCIL, CITY OF ATHENS, ALABAMA 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, to accept a quote for asbestos removal at 300 Hobbs Street East, Athens, from HRS Services, LLC in the amount of $26,500 and shall be funded from the City of Athens Contingency 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, 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 Harper seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, 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 ordinance: ORDINANCE NUMBER 2024 - 2313 ORDINANCE AUTHORIZING THE LEASE OF CERTAIN REAL PROPERTY ALONG DURHAM DRIVE FOR AGRICULTURAL USE _____________________________________________________________________ WHEREAS, the City Council desires to lease certain municipal property located on Durham Drive in Limestone County for agricultural use; WHEREAS, such property contains approximately 12 acres of workable, non-irrigated cropland; WHEREAS, it is expressly understood that such property is held subject to the City’s need for the use of the property for some municipal or public purpose; WHEREAS, the City Council finds that the proposed consideration for the lease of the property ($125.00 per acre of cropland) is fair and adequate, especially considering that the lease will be subject to termination at any time at the discretion of the City;  WHEREAS, the real property is not presently needed for public or municipal purposes of the City; and WHEREAS, the lease of said real estate for agricultural purposes, until the property is needed for public or municipal purposes, will serve the best interests the City. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on April 8TH, 2024, at 4:30 p.m., as follows: 1. The Mayor is authorized, on behalf of the City of Athens, to cause the lease of certain real property, described hereafter, to Binford Farms, L.L.C. via a written lease agreement, upon the following terms: (i) the property shall be used for agricultural purposes, (ii) a lease term for five annual growing seasons, commencing in April, 2024 and running through December 31, 2028, with an annual rent of $1,500.00 per year; (iii) the City’s right to immediately terminate the lease if the property is needed for municipal or public purposes, (iv) a restriction on the tenant’s alterations or improvements to the property without the City’s consent, (v) the City’s right to indemnification from claims arising from the tenant’s use of the property, (vi) a requirement that the tenant maintain adequate insurance covering the property, and (vii) such other and additional terms as the Mayor deems necessary. 2. The real property to be leased pursuant to this Ordinance is located adjacent to Durham Drive and is further described as that certain portion of Lot 2A of A Replat of Lot 2 of Breeding Industrial Park Subdivision – Phase 2, recorded at Plat Book K, Page 71 in the Office of the Judge of Probate of Limestone County, Alabama, that consists of workable, non- irrigated cropland. 3. The Mayor may execute such other and further documents as may be necessary to carry out the intent and purpose of this Ordinance. 4. This Ordinance shall become effective upon its adoption as provided by law. ADOPTED this the 8th day of April, 2024. /s/ James Lucas 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 Seibert 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, Lucas, 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 Seibert seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1950 A RESOLUTION CONCERNING THE USE OF SHARED COMMUNICATIONS INFRASTRUCTURE WITH THE MADISON COUNTY COMMUNICATIONS DISTRICT AND THE P25 COMMUNICATION SYSTEM WHEREAS, the City of Athens has previously purchased mobile and portable radios designed for first responders and public safety professionals that provide interoperability on Project 25 networks (the “P25 Project”); WHEREAS, the P25 Project’s main benefit is that it would allow all public safety entities in the area – police, fire, sheriff, hospital, EMA, etc. - to all communicate in a reliable way, using the same system; WHEREAS, expenditures for the P25 Project are qualified expenditures of Coronavirus State and Local Fiscal Recovery Funds; WHEREAS, the City of Athens desires to enter into a Memorandum of Understanding with the Madison County Communications District (the “Madison District”), which will provide for the City’s shared use of the Madison District’s Motorola SmartZone P-25 switch, a necessary part of the P25 Project; and WHEREAS, the Madison District has indicated that it will charge the City and Limestone County, Alabama (the “County”) a fee of $25,000 in order to engage in this shared use. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 8TH, 2024 at 4:30 p.m., as follows: 1. The Mayor is authorized, for an on behalf of the City of Athens, to enter into a Memorandum of Understanding with the Madison District, which will provide for the City’s shared use of the Madison District’s Motorola SmartZone P-25 switch, a necessary part of the P25 Project. 2. The City will pay the Madison District a fee of $12,500 (combining with $12,500 paid by the County, for a total of $25,000) in exchange for such shared use of the P-25 switch. 3. The above-referenced fee shall be paid from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds, to the extent that the same are all expended prior to the statutory deadline for such funds. 4. The Mayor is further authorized to carry out the terms of the contract(s) referenced in this Resolution, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. ADOPTED this the 8th day of April, 2024. /s/ James Lucas PRESIDENT PRO TEM, 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 Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Harper seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, 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 TO ACCEPT PROPOSAL FOR ARCHITECHTURAL SERVICES ROSELAWN CEMETERY EXPANSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the proposal of 5R Design PC to provide architectural and engineering services in connection with Phase I and Phase III of the Roselawn Cemetery expansion project. The cost of these services is estimated to be $404,345 and is based on the State of Alabama Building Commission Fee Schedule. The cost of these services shall be funded from the proceeds of the proposed 2024 General Obligation Warrants. 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, 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 Harper seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, 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, at its meeting on April 8, 2024, that the Council authorizes an unbudgeted amount of $23,000.00 to be funded from the Water Services Department operating budget for Krebs Engineering, Inc. to perform engineering conceptual analysis of WWTP lagoon berm modifications to provide additional bio-solids storage capacity, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this contract 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 Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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, Lucas, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Scott Marshall, 212 East Street, Athens, addressed the City Council regarding the need for a warning signal to be placed at the overpass on Forrest Street. He also inquired about the status of a sidewalk on Madison Street from Washington Street to Green Street. Mr. Marshall also remarked that there is a safety concern regarding the crosswalk at the intersections of Jefferson Street and Market Street and also at Jefferson Street and Washington Street. Wilbert Woodruff, 200 Christine Street, Athens, addressed the City Council regarding updates on a sidewalk to Jimmy Gill Park and also regarding any potential discussions with ALDOT for a pedestrian crossing at US Highway 72 and Hine Street. * * * Council President Pro Tem Lucas asked for a motion to adjourn. Councilman Seibert motioned to adjourn and Councilman Harper seconded the motion. There being no further business, the meeting was adjourned. /s/ James Lucas PRESIDENT PRO TEM, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK