City Council

April 28, 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 April 28, 2025 at 4:30 p.m. The meeting was called to order by Councilman James E. 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- Threet, City Clerk, was present and recorded the minutes of the meeting. Councilwoman Henry offered the invocation. Mayor Marks was joined by Chloe Malone, Josue Lovos and Tyrone Malone, members of the Mayor’s Youth Commission, 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 April 14, 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 announced that a pay plan would be brought before the Council in a couple of weeks to help make up for compensation with some of the employees of the City of Athens. The Mayor read a proclamation declaring May 18th – 24th, 2025 as National Public Works Week. He remarked that the City of Athens Relay for Life Team will hold their annual Celebrity Waiters Night at Applebee’s on Tuesday, April 29th, from 5:30pm to 8pm. Council President Lucas opened the floor for public comments regarding agenda items. An unknown citizen addressed the City Council regarding travel/educational expenses for the Water Services Department and inquired of the purpose, amount and duration of the trip. He also asked if board positions were compensated. Mayor Marks provided him with the information requested regarding the Water Services personnel and stated that board positions are not compensated. Amanda Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding a resolution to set a public hearing to consider the request of Ken Garner to rezone +/-33.4 acres of property located directly south of Roy Long Road East and approximately 3,600’ west of U.S. Highway 31 South from M-1, Light Industrial District, to R-1-3, High Density Single Family Residential District, and inquired if it was part of Mayor Marks’ presentation at the State of the City Address regarding the Master Plan. Mayor Marks remarked that it was and that it is not a new addition. Mrs. Schulte asked for clarification regarding a resolution concerning a school security agreement with Athens City Schools and Mayor Marks explained that the City needed a policy for off-duty police officers that are hired by schools, churches, etc. to have approval for a second job. Mrs. Schulte expressed her concern regarding a resolution to convert several traffic lights to stop signs and stated that she doesn’t believe that it would be a good idea. Scott Marshall, 212 East Street, Athens, addressed the City Council regarding the resolution to convert several traffic lights to stop signs and stated that he is in favor of the conversion so that it will slow traffic down. Councilman Seibert introduced the following resolutions: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the regular City Council meeting on May 26th, 2025 (Memorial Day) to May 19th, 2025 at the same time and place. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for specified Water Services employees in the total amount of $2,828.99.  Virgil White AL-MS Joint Conference $1,805.41 Mobile, AL April 9, 2025 – April 12, 2025 David Maher AL-MS Joint Conference $1,023.58 Mobile, AL April 9, 2025 – April 12, 2025 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Sanitation Department: Kyle Smith SWANA Spring 2025 Conference Orange Beach, Alabama March 30 – April 2, 2025 $ 101.25 Andrew MacKenzie SWANA Spring 2025 Conference Orange Beach, Alabama March 30 – April 2, 2025 $ 78.25 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, 2025 – March 31, 2025 $ 213.50 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. Joseph Hoenig $129.02 Montgomery, AL – Voltage Regulator Training Adam Nicholson $87.90 Montgomery, AL - Voltage Regulator Training RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to re-appoint Cleophra Scales to the NCA310 Board for a six-year term, expiring on April 30th, 2031. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Jennifer (Jenny) Ford to the Athens Historic Preservation Commission for a three-year term, expiring on April 28th, 2028. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a public hearing for the regular meeting on June 9, 2025 to consider the request of Ken Garner to rezone +/- 33.4 acres of property located directly south of Roy Long Road East and approximately 3,600’ west of U.S. Highway 31 South, (Parcel #: 44-10-09-29-0-000-002.000) from M-1 (Light Industrial District) to R-1-3 (High Density Single Family Residential District) within the corporate limits of the City of Athens. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to declare the following Police Department vehicles as surplus equipment and dispose of them by public auction: YEAR MAKE MODEL VIN# 2008 White Chevrolet Impala 2G1WS553581378103 2008 White Chevrolet Impala 2G1WS553489247259 2011 White Dodge Charger 2B3CL1CT8BH565385 2005 Light Blue Ford Crown Vic 2FAFP73W95X177532 2005 Silver Ford Crown Vic 2FAFP73W75X177531 2005 Dark Blue Ford Crown Vic 2FAFP73W55X177530 2009 White Dodge Charger 2B3KA43T19H639775 2009 White Dodge Charger 2B3KA43T69H639772 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on April 28, 2025, that the Council authorizes the amount of $34,589.88 for the purchase of a Kubota Model L4060GST tractor through Sourcewell, and that the Water Services Director, for and on behalf of the City of Athens, is authorized to purchase this trailer from Huntsville Tractor & Equipment. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a 16 foot trailer from Lone Wolf Trailers, in an amount not to exceed $2,750 and shall be funded from the Street Department’s existing capital account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve a purchase from Long Lewis Ford of the Shoals, Muscle Shoals, Alabama, through the State of Alabama Division of Purchasing Vehicle Contract #MA22000003123-5 for one 2025 Ford Expedition SUV for a price of $62,720.50 and shall be funded through the Electric, Gas, Water and Wastewater Department’s FY 25 Capital Expense Budgets. 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 THE CITY OF ATHENS, ALABAMA, to approve the attached retail rate adjustment for the City of Athens Electric Department to become effective for bills rendered from meter readings taken on or after October 1, 2025 pending TVA approval.  ATHENS ELECTRIC DEPARTMENT RETAIL ELECTRICITY RATE ADJUSTMENT Effective For Meters Read On or After October 1, 2025 (Pending TVA Approval) Residential Customer Add $2.00 Energy Charge < 1,000 kWh Reduce -$0.00154 Energy Charge > 1,000 kWh Reduce -$0.00154 GSA-1 Low Customer Add $2.00 Energy Charge < 1,100 kWh Reduce -$0.00180 Energy Charge > 1,100 kWh Reduce -$0.00180 GSA-1 High Customer Add $2.00 Energy Charge < 1,100 kWh Add -$0.00180 Energy Charge > 1,100 kWh Reduce -$0.00180 TDGSA Summer Onpeak kW Add $1.00 Summer Max kW Add $1.00 Winter Onpeak kW Add $1.00 Winter Max kW Add $1.00 Transition Onpeak kW Add $1.00 Transition Max kW Add $1.00 The motion was seconded by Councilman Seibert and was carried with four yeas and one nay by Councilman Wales. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2025 – 2372 AN ORDINANCE OF THE CITY OF ATHENS, ALABAMA, TO EXEMPT CERTAIN “COVERED ITEMS” FROM THE MUNICIPAL SALES AND USE TAX DURING THE THIRD FULL WEEKEND OF JULY, 2025, AS AUTHORIZED BY ACT 2006-574 AND AMENDED BY ACT 2017-120, GENERALLY REFERRED TO AS THE STATE SALES TAX HOLIDAY LEGISLATION. BE IT ORDAINED BY THE CITY COUNCIL OF ATHENS, ALABAMA, AS FOLLOWS: Section 1. In conformity with the provisions Act 2006-574 enacted by the Alabama Legislature during the 2006 Regular Session, providing for a State Sales Tax Holiday, and amended during the 2017 Regular Session by Act 2017-120, the City of Athens, Alabama, exempts “covered items” from municipal sales and use tax during the same period, beginning at 12:01 a.m. on the third Friday in July 2025 (July 18, 2025) and ending at twelve midnight the following Sunday (July 20, 2025). Section 2. This ordinance shall be subject to all terms, conditions, definitions, time periods, and rules as provided by Act 2006-574 and amended by Act 2017-120, except that the time period shall only be as specified in Section 1 above and not for all years thereafter. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance under the seal of the City of Athens, Alabama, and to forward said certified copy to the Alabama Department of Revenue to be recorded and posted on the Department website. Section 4. This ordinance shall become effective on April 30, 2025. ADOPTED AND APPROVED THIS 28th DAY OF APRIL, 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to purchase crowd/traffic control equipment from Uline ($11,238.88) and Crowd Control Company ($14,397.00) for a total cost of $25,635.88. Funding for this purchase will be $5,035.88 from the Police Department’s existing capital expenditure account and $20,600.00 from a Homeland Security Grant. Councilmember Seibert 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 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. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on April 28, 2025, that the Council authorizes the final correcting change order for the Lower Swan Creek Sewer Phase 1 project, an additive change order in the amount of $136,057.73 bringing the total contract with Cleary Construction, Inc. from $11,414,717.40 up to $11,550,775.13, 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 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 Wales introduced the following resolution: RESOLUTION NUMBER 2025 - 2068 A RESOLUTION CONCERNING A SCHOOL SECURITY AGREEMENT WITH ATHENS CITY SCHOOLS WHEREAS, Section 16-1-44.1 of the Code of Alabama authorizes the Athens City Board of Education to provide for the safety and security of its students and employees through the employment of school security personnel and school resource officers, and Alabama law permits the City of Athens, in the interest of the public safety and welfare, to assist the school system with respect to the same; WHEREAS, Athens City Schools utilizes off-duty Athens police officers and reservists to provide such school security services; WHEREAS, the City Council desires that the City of Athens enter into an agreement with the Athens City Board of Education to outline some of the ways that they work together to assure the placement of school security personnel and school resource officers. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 28th, 2025 at 4:30 p.m., as follows: 1. The Mayor is authorized, for and on behalf of the City of Athens, to enter into the School Security Agreement with the Athens City Board of Education, in substantially the same forth as shown in Attachment A to this Resolution. 2. The Mayor may execute such other and further documents as may be necessary to carry out the intent and purpose of this Resolution. ADOPTED this the 28th day of April, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  ATTACHMENT A SCHOOL SECURITY AGREEMENT This SCHOOL SECURITY AGREEMENT (the “Agreement”) is made by and between the CITY OF ATHENS, ALABAMA, a municipal corporation under the laws of the State of Alabama (the “City”), and the ATHENS CITY BOARD OF EDUCATION, a city board of education (the “School Board”). RECITALS: The School Board is authorized by state law (including but not limited to § 16-1-44.1 of the Code of Alabama) to provide for the safety and security of its students and employees through, among other things, the employment of school security personnel and school resource officers. The City is authorized by state law to aid and assist the School Board with respect to these matters. Both the School Board and the City desire to work together in order to assure the placement of school security personnel and school resource officers in Athens City Schools, and this Agreement is intended to set forth some of the ways in which they will do so. Pursuant to this Agreement, the School Board will utilize off-duty and reserve law enforcement officers of the Athens Police Department in order to provide school security and school resource officer services at its school locations and related events/activities. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. School Board Use of Athens Police Department Officers and Reservists. The School Board will utilize off-duty law enforcement officers of the Athens Police Department and retired law enforcement officers who are reservists of the Athens Police Department in the School Board’s provision of school security and school resource officer services at the School Board’s school locations and related events/activities (as designed by the School Board and its officers/personnel). In doing so, the School Board will directly contract and/or employ such individual law enforcement officers. 2. Athens Police Department Coordination and Scheduling. The Athens Police Department’s policies allow its reservists and off-duty law enforcement officers to provide security services to third parties, including the use of City uniforms and equipment while doing so. Given the City’s interest in public safety at the public schools, in order to facilitate such services to the School Board, the City, through the Athens Police Department, will: (a) provide coordination and scheduling assistance to the School Board, ensuring that the City’s officers (who are otherwise off-duty and willing to participate) are available to be engaged by the School Board to provide school security services at the School Board’s schools during their normal daily operations (as well as at school events and activities as requested by representatives of the School Board); and (b) provide assistance to the School Board in identifying qualified retired law enforcement officers, who are reservists of the Athens Police Department, who are interested in serving as school security personnel or school resource officers for the School Board. 3. School Board as Additional Insured. The City maintains general liability insurance policies that provide insurance coverage with respect to the activities of law enforcement officers (both active officers and reservists) of the Athens Police Department. With respect to such insurance policies, the City will ensure that the School Board, as well as its officers and employees, are listed as additional insureds with respect to the same. The City will provide the School Board with evidence of such insurance coverage. 4. Term. This Agreement shall have a one (1) year term from the latest date shown below, but unless either party provides written notice to the other that the Agreement shall terminate at the end of the current term, then at the end of such term (and any succeeding term) this Agreement shall renew for an additional one (1) year term.  5. Miscellaneous. (a) This Agreement may be amended by the parties at any item, by a written amendment to the same. (b) There are no third party beneficiaries to this Agreement. (c) The provisions of this Agreement shall be severable. In the event any provision this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the remaining provisions hereof or thereof. (d) None of the rights hereunder or the duties undertaken hereby may be assigned or delegated by any party hereto without the prior, written consent of the other parties. IN WITNESS WHEREOF, the City and the School Board have caused this Agreement to be executed, each by their duly authorized officers, as of the date first above written. /SIGNATURE LINES/ The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2069 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into agreements with the Alabama Department of Transportation for right-of-way maintenance along SR-3 (US-31), in regards to the “Plans of Proposed Project Number TAPAA-TA24(908) Sidewalk Along the Western Side of SR-3 (US-31) from SR-99 (Elm Street) to Juniper Circle with a Pedestrian Bridge Over Swan Creek (Includes Traffic Signal Improvements and the Addition of a Turn Lane on US-31 at Elm Street/Sportsplex Loop)”, as listed below:  Maintenance of all sidewalks, pedestrian boardwalk structures, and pedestrian bridge structure located in the ALDOT right-of-way along SR-3 (US-31) between mileposts 373.293 and 373.652. ADOPTED this the 28th day of April, 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 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 – 2070 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, for the purchase & installation of Rectangular Rapidly Flashing Beacons for the existing pedestrian crosswalk on Market St in front of Athens-Limestone Hospital in an amount not to exceed $12,000 funded from the Gas Tax. ADOPTED and APPROVED this, the 28TH day of April, 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 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 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 April 28, 2025, that the Council has received and reviewed the Municipal Water Pollution Prevention Report for calendar 2024 by the Athens Water Services Department. The Water Services Department Director is authorized to submit the report per Alabama Department of Environmental Management requirements and the Athens Utilities WWTP NPDES discharge permit AL0020206. The motion was seconded by Councilman Seibert and was unanimously carried. Michael Griffin, City Engineer, thanked Mayor Marks and the City Council for the proclamation for National Public Works Week. Billy Cannon, 2387 S. Hine Street, Athens, commended the City Council and Mayor Marks for the purchase of the PNC bank building and how well Customer Accounts is working at that location. Mr. Cannon suggested that the Council consider the cost avoidance of building a new Customer Accounts location. David Malone, 1300 Somerest Drive, Athens, addressed the City Council regarding Miller School and asked the City Council to have the building removed. * * * 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 Seibert and was seconded by Councilman Wales. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL /s/Annette Barnes CITY CLERK