City Council

January 27, 2025 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 January 27, 2025 at 4:30 p.m. The meeting was called to order by Councilman Lucas, 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, City Clerk, was present and recorded the minutes of the meeting. Councilman Lucas offered the invocation. Mayor Marks was joined by Ella Lovvorn 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 January 13, 2025 City Council Meeting and 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 carried. Mayor Marks encouraged everyone to shop local. He noted that the Girl Scouts kicked off their cookie sales on Saturday. Shane Black, City Attorney, reported that the City closed on the former PNC Bank and that he is still waiting on the two opinions of the Attorney General. Councilman Seibert encouraged everyone to come out and support the Athens High School basketball teams. Council President Lucas thanked Public Works for paving Hine Street from Lucas Street to Brownsferry Street and then asked for them to look at the lower end of Hine Street close to the Birdie Thornton Center. Council President Lucas opened the floor for public remarks regarding agenda items. Slade Gutherie, Premier Power, addressed the City Council regarding a recent bid submission to the Electric Department for transmission and distribution improvements. Mr. Guthrie stated that his company was the lowest bidder but was not going to be awarded the contract and that he has not been able to receive an answer as to why. He asked the City Council to consider giving his company the opportunity to provide services to the City. Amanda Schulte, 1036 West Washington Street, addressed the Mayor regarding Items H and I on the agenda. Mayor Marks explained that one job has been created and none eliminated. Mrs. Schulte stated that she assumed that grants would fall under the Finance Department. Mark Wilson, 18066 North Jefferson Street, addressed the Mayor regarding Items P and T on the agenda. Mr. Wilson stated that it appears grants can be obtained for all areas of the city but his neighborhood. He addressed Councilman Harper stating that the improvements needed for the intersection of Elm Street and Jefferson Street do not seem to be a concern. Dr. Michael Rodis, 14697 New Cut Road, addressed the City Council regarding Items Q & R. Dr. Rodis asked why the City Engineer and City Attorney are not used for the services. Mayor Marks stated that this is a project manager. He also asked about Item D and if the figures can be viewed regarding the FY2024 allocation for various department capital requests. Mayor Marks gave an explanation of the process for the allocations. Dr. Rodis asked about Item E, regarding the purchase of a commercial front loader garbage truck and asked if there was a bid process. Mayor Marks stated that the City has specific guidelines for bidding and the use of purchasing cooperatives where that is applicable. Garth Lovvorn, 24712 Dogwood Drive, Elkmont, addressed the City Council regarding Items H and I on the agenda. Mr. Lovvorn expressed his support for Holly Hollman for the position. Scott Marshall, 212 East Street, addressed the City Council regarding Item P on the agenda and asked for an explanation. Mayor Marks stated that it is an opportunity to possibly match a million dollar grant for upgrades at Swan Creek Park. Councilman Seibert introduced the following resolutions: 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 October 1, 2024 – December 31, 2024 $ 163.48 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve matching funds for the community care fund not to exceed $23,000. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting on February 24, 2025 to consider the request of David Ames to rezone +/- 3.93 acres of property located directly south of West Washington Street and directly east of Lucas Ferry Road, (Parcel #: 44-10-03-07-3- 000-004.000) from INST (Institutional District) to B-1 (Neighborhood Business District) within the corporate limits of the City of Athens. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION WHEREAS, on December 16, 2024, the City Council approved a FY 2024 budget amendment to appropriate $2,500,000 for capital expenditures, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate the FY 2024 surplus as follows: Police Department $ 675,000 Fire Department 150,000 Street Department 175,000 Sanitation Department 930,000 Information Technology 100,000 General & Administrative 5,000 Engineering 55,000 Planning 15,000 Building 70,000 Cemetery, Parks & Recreation 125,000 To Be Determined – Unallocated 200,000 Total $ 2,500,000 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 seconded the motion to adopt the resolution. 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 to purchase a Heil DPHP commercial front loader garbage truck at a cost not to exceed $404,678 from Ingram Equipment Company. This purchase will be made through the City’s membership in the Sourcewell purchasing cooperative, contract #110223-THC and shall be funded from the existing Sanitation Department capital account. The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2025 – 2361 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a master classification plan for employees is hereby amended to be effective: 1/28/2025. Add the following job title to the list of positions for the Mayor’s Office. 1. General Manager of Utilities, Exempt, Grade 28 ADOPTED this the 27TH day of January, 2025 /s/ James E. 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 Harper moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 ordinance 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, 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 BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the attached organizational chart for the Mayor’s Office, which includes the following 9 positions: 1. Executive Assistant 2. Communications Specialist 3. Activity Center Manager 4. Activity Center Assistant 5. Part-time Activity Center Assistant (2) 6. General Manager of Utilities 7. Communications & Grant Manager 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 ATHENS, ALABAMA to adopt job descriptions for the Mayor’s Office:  Communications & Grant Manager, Job Description Dated, 1/6/2025  Communications Specialist, Job Description Dated, 1/6/2025 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2025 - 2362 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a master classification plan for employees is hereby amended to be effective: 1/28/2025. Add the following job titles to the list of positions for the Mayor’s Office. 2. Communications & Grant Manager 3. Communications Specialist Delete the following job title from the list of positions for the Mayor’s Office. 1. Communications Coordinator ADOPTED this the 27TH day of January, 2025 /s/ James E. 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 Henry 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 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, 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 BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the attached revised organizational chart for the Public Works Department, which includes the following 67 positions:  Director of Public Works  Records Retention Clerk  City Engineer  Civil Engineer  Land Development Inspector  Right Of Way Inspector  Street Superintendent  Administrative Assistant Street  Construction Supervisor – Street  Construction Crew Leader (7 positions)  Equipment Operators (18 positions)  Sign Technician (2)  Fleet Maintenance Supervisor  Mechanics (4 positions)  Sanitation Superintendent  Administrative Assistant Sanitation  Sanitation Operations Supervisor  Sanitation Crew Leader  Equipment Operators (18 positions)  Facilities Service Crew Leader  Light Equipment Operators (3 positions) 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 ATHENS, ALABAMA to adopt the following job description for the Public Works Department:  Right of Way Inspector, Job Description Dated, 12/6/2024 The motion was seconded by Councilwoman Henry and was unanimously carried. Councilman Harper introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2025 - 2363 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a master classification plan for employees is hereby amended to be effective: 1/28/2025. Add the following job title to the list of positions for the Public Works Department. 4. Right of Way Inspector ADOPTED this the 27th day of January, 2025 /s/ James E. 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 Henry moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 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, 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 Wales introduced the following ordinance: ORDINANCE NUMBER 2025 - 2364 AN ORDINANCE AMENDING THE ATHENS ALCOHOLIC BEVERAGE ORDINANCE _____________________________________________________________________ WHEREAS, the City Council desires to amend the Athens Alcoholic Beverage Ordinance to adjust and clarify the permitted location of businesses near the Highway 72/Interstate 65 interchange that are licensed for the sale of retail liquor for off-premises consumption; and  WHEREAS, generally speaking, this amendment would have the effect of permitting such establishments to be located within shopping centers and retail properties located near Highway 72 (where the lot is close to, but doesn’t necessarily lie adjacent to, the highway). THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on January 27th, 2025, at 4:30 p.m., as follows: Section 1. Section 6-34(f)(1) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: (f) Additional restrictions on the sale of retail liquor for off-premises consumption. (1) In addition to all other regulations and restrictions, no establishment, facility, or property may be licensed for the sale of retail liquor for off-premises consumption unless it: (i) is situated in a B-2 zone; and (ii) either: (x) is situated on a lot that fronts a major arterial roadway, as classified in the adopted Athens Transportation Plan (ATP); or (y) is situated such that the licensed area of the establishment, facility, or property is located east of Swan Creek, west of Lindsay Lane, and within 1,000 feet from the edge of the public right of way of U.S. Highway 72. Section 2. The City Council proposes that the City of Athens Planning Commission begin the process, if they deem it necessary, to amend the City’s Zoning Ordinance so that it conforms with this instrument, and directs the City Clerk to forward this instrument to the planning commission for that purpose. 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. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. Section 5. 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 27th day of January, 2025. /s/ James E. 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, 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 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 ordinance had been unanimously carried. Mayor Marks requested that Items N and O (both relating to Athens Electric Department and contracts) be pulled from the meeting agenda. President Lucas asked if there was any objection, and seeing none, President Lucas removed Items N and O from the City Council’s agenda. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2047 WHEREAS, the City of Athens is proposing to apply to ADECA for Land and Water Conservation Fund (LWCF) grant assistance to construct improvements to Swan Creek Park; and WHEREAS, the City of Athens intends to make application to the Alabama Department of Economic and Community Affairs for LWCF funding assistance to construct the improvements to Swan Creek Park; and WHEREAS, said LWCF program is limited to funding a maximum of $1,000,000.00 of the total project cost with a required local match of 100% of the grant amount. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Athens approves Mayor William R. Marks to apply for $1,000,000 in LWCF grant assistance and commits to provide $1,000,000.00 in local matching funds in support of this project; and BE IT FURTHER RESOLVED, that in the event the grant is awarded, the City of Athens understands that it will be required to sign assurance to comply with all applicable Federal and State Law, rules and regulations associated with LWCF Program. ADOPTED AND APPROVED by the City Council of Athens, Alabama on this the 27th day of January 2025. SIGNED FOR THE CITY OF ATHENS: /s/William R. Marks Mayor  Attest: /s/Annette Barnes City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2025 - 2048 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into an amendment of the 2024 Consultation Services Agreement with Martin & Cobey Construction Company, Inc. to provide for construction management services in connection with the Swan Creek Park project at a cost not to exceed $350,000 to be funded from the proceeds of the 2024 GO Warrants, Municipal Construction Fund. ADOPTED and APPROVED this, the 27th day of January, 2025. /s/ James E. 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 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 Harper seconded the motion to adopt the resolution. 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. Councilwoman Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2049 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into an amendment of the 2024 Consultation Services Agreement with Martin & Cobey Construction Company, Inc. to provide for construction management services in connection with the Athens Utilities Customer Service Building project at a cost not to exceed $362,000 to be funded from the 2024 GO Warrants, Utilities Construction fund.. ADOPTED and APPROVED this, the 27th day of January, 2025. /s/ James E. 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 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 seconded the motion to adopt the resolution. 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. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, the Mayor is authorized to accept the following bid packages for Sunrise Park, which are to be funded from the Athens G.O. Warrants Series 2024 funds:  Bid Package #2 Civil & Utilities: Grayson Carter & Son - $1,594,459.93  Bid Package #3 General Works: EMW Construction - $2,226,900.00  Bid Package #4 Site Electrical: Hennessee Construction - $812,500.00  Bid Package #5 Landscaping: Hennessee Construction - $273,000.00 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 Seibert seconded the motion to adopt the resolution. 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 2025 – 2050 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to apply for the 2025 annual Rebuild Alabama Act grant program for a capacity improvement project for the amount of $350,000 with a local match of $100,000 located along Elm St just East of Lucas Ferry Rd to include a left and right turn lane related to an economic incentive. Funds to be provided from the Capital Infrastructure Fund. ADOPTED this the 27th day of January, 2025. /s/ James E. Lucas 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 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 Wales seconded the motion to adopt the resolution. 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 Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2051 A RESOLUTION CONCERNING A CHANGE ORDER AND SURPLUS TRUCK SCALES WHEREAS, Athens Water Services Department is in possession of two sets of used, portable truck scales that are no longer needed for municipal purposes; WHEREAS, Athens Water Services has a need for a change order with SEMS, Inc. (the “Contractor”) to the dredging contract project at the waste treatment plant, in the amount of $9,291.65, to account for unexpected and relatively minor amounts of additional material dredged from the lagoons; WHEREAS, the City Council, upon information from Athens Water Services, finds that the fair market value of the truck scales is $5,000; WHEREAS, the Contractor would like to purchase the truck scales from the City for $5,000; WHEREAS, Athens Water Services believes that this purchase would be in the City’s best interest since the usual manner of surplus property sale is unlikely to yield a sale for $5,000; and WHEREAS, the City Council finds that such arrangement would be beneficial to the City of Athens and to the management of public finances. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 27, 2025 at 4:30 p.m., as follows: 1. Athens Water Services is authorized to enter into the above-described change order with the Contractor in the amount of $9,291.65. 2. The above-described truck scales are no longer needed by the City of Athens, and are hereby declared to be surplus property. 3. Athens Water Services is authorized to sell the truck scales to the Contractor for $5,000. Such transfer shall be on an “AS-IS” basis, with no express or implied warranties relating to the truck scales. 4. The amount of $5,000 owed to the City for the sale of the truck scales may be “set off” by the City against the $9,291.65 amount owed for the change order. ADOPTED this the 27th day of January 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Wales 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 Henry seconded the motion to adopt the resolution. 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 2025 - 2052 A RESOLUTION CONCERNING CONTRACTS BETWEEN THE CITY OF ATHENS AND UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT HOMELAND SECURITY INVESTIGATIONS WHEREAS, the City of Athens works regularly with the United States Immigration and Customs Enforcement (“ICE”) Homeland Security Investigations (“HSI”); WHEREAS, the Athens Police Department and ICE most recently worked together to apprehend an individual relating to a murder that occurred 27 years ago; WHEREAS, effective enforcement of the law relating to HSI jurisdiction requires close coordination between the City and ICE; WHEREAS, this Resolution would strengthen the City’s relationship with ICE, authorizing the City to enter into contracts with ICE providing for: (a) one or more City police officers being assigned to an ICE task force and enabled to perform certain HSI duties (as determined by HSI) as customs officers; and (b) the reimbursement of overtime expenses and other law enforcement expenses to the City related to joint operations between the City and ICE; and WHEREAS, the City Council finds that such arrangement would be beneficial to law enforcement in the City of Athens and serves a valuable public purpose. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 27th, 2025 at 4:30 p.m., that the Mayor (or his designee) is authorized, for and on behalf of the City, to execute and approve the (a) Memorandum of Understanding between U.S. Immigration and Customs Enforcement Homeland Security Investigations and Athens, Alabama Police Department Regarding the Designation of Athens, Alabama Police Department Employees as Customs Officers; and the (b) Memorandum of Understanding Between Homeland Security Investigations and Local, County, or State Law Enforcement Agency for the Reimbursement of Joint Operations Expenses from the Treasury Forfeiture Fund. These agreements will continue and remain in force and effect until they are terminated by either party. ADOPTED this the 27th day of January, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Council President Lucas opened the floor for public comment. David Malone, 1300 Somerest Drive, Athens, thanked the City Council for supporting ALCA and the toy giveaway at Lincoln Bridgeforth Park. He also noted that Holly Hollman has always been very helpful with the event. Mr. Malone thanked Chief Pressnell and his staff for going out in the community to deliver toys and expressed his appreciation to Shane Black for coordinating Santa Claus’ visit to the event. He also thanked the Mayor’s Youth Commission for all of their help. Mr. Malone announced that Councilman James Lucas was the recipient of this year’s Dr. C. Eric Lincoln Humanitarian of the Year Award that was given by the Lincoln Bridgeforth Park Committee. Chuck Bradley, 24943 Queen Anne’s Lace, Athens, addressed the City Council regarding a traffic study for Cambridge Lane and Highway 72. Mr. Bradley has spoken with ALDOT about installing a traffic signal at the intersection. Jarod Schulte, 1036 West Washington Street, Athens, addressed Mayor Marks regarding Facebook comments and the City Council livestream being turned off during general public comments. Mr. Schulte asked the City Council to support turning the livestream back on for general public comments. Scott Marshall, 212 East Street, Athens, thanked the City Council, Mayor Marks, Bert Bradford and the Cemetery, Parks and Recreation staff for the fence that was installed along East Street at Big Spring Park. Mr. Marshall stated that he would still like to see a link to the City Council items on agendas. Wilbert Woodruff, 200 Christine Street, Athens, addressed the City Council and requested for the livestream to be reinstated because he feels it is a great benefit for the citizens. * * * There being no further business to come before the meeting, Council President Lucas asked for a motion to adjourn the meeting. The motion was made by Councilman Harper and was seconded by Councilman Seibert. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK