City Council

June 23, 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 June 23, 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 Mae Davis in leading the Pledge of Allegiance. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. Mayor Marks cautioned everyone about the recent heat wave and encouraged them to stay hydrated. The Mayor congratulated Crawford’s Gifts for their 32 years of service to the community. He noted that several people were in attendance regarding the need for a new pool for the Athens swim teams and stated that he didn’t believe that the critical need should be avoided. Mayor Marks remarked that Tommy Carter’s family was in attendance and that Mr. Carter was very deserving of having a part of Hwy 127 named after him recently. Councilwoman Henry reminded everyone that the next Fridays After Five was coming up and encouraged everyone to come out and have a great time. Council President Lucas welcomed State Representatives Danny Crawford and Mac McCutcheon to the meeting. PUBLIC HEARING TO RECEIVE COMMENTS ON THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY N VIR ATHENS, INC., DBA: ANKR FOOD MART, 1517 N. JEFFERSON STREET, ATHENS, AL, 35611 (CHANGE OF OWNERSHIP) No one spoke in favor of or against. The public hearing was closed. Councilman Lucas opened the floor for public comments regarding agenda items. With no one coming forward to speak, Council President Lucas continued the meeting. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve the FY 2026 Electric Department budget and spread the same on the minutes. PROPOSED FY 2026 ELECTRIC DEPT. BUDGET REVENUES: Metered Electric Sales $ 170,747,777 Miscellaneous Revenue $ 3,555,000 Aid to Construction $ 6,000,000 TOTAL OPERATING REVENUE $ 180,302,777 EXPENSES: Employee Expense – Salaries and Benefits $ 13,386,554 Purchased Power $ 140,457,122 System Operation and Maintenance Expenses $ 4,151,762 Customer Service Expense $ 2,428,229 Uncollectable Account Expenses $ 225,000 Administrative and General Expenses $ 2,731,951 Vehicle & Equipment Operation and Maintenance $ 786,900 Tax Equivalent Payments $ 3,589,338 Debt Service Expenses $ 2,438,250 General Fund Salaries & Expenses $ 263,750 Construction In Progress $ 4,520,250 Transformers $ 2,500,000 Meters $ 450,000 TOTAL OPERATING EXPENSES $ 177,929,106 NET OPERATING BUDGET $ 2,373,672 DRAW FROM RESERVES $ 500,000 CAPITAL EXPENDITURES Vehicles $ 1,145,000 Parking Lot Re-Paving (From Reserves) $ 500,000 Fiber to Substations $ 60,000 Building Improvements $ 50,000 Misc. Tools and Equipment $ 100,000 Network Equipment $ 25,000 Continue Upgrade of Substations $ 100,000 Regulator/Capacitor Controls $ 40,000 Substation & Spare Voltage Regulators $ 80,000 Pole Top Reclosers $ 50,000 SCADA System Maint. and SCADA radios $ 40,000 Computer Hardware and Software $ 40,000 OMS and Mapping $ 15,000 Office Equipment $ 40,000 Substation Maintenance Equipment $ 5,000 Substation and Industrial Metering $ 7,500 Traffic Light Modernization $ 25,000 Security System (Cameras) $ 10,000 System Improvements (From Reserve) $ 500,000 TOTAL CAPITAL EXPENDITURES $ 2,832,500 TOTAL NET BUDGET $ 41,172 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2025 - 2087 A RESOLUTION CONCERNING A MEMORANDUM OF UNDERSTANDING WITH LIMESTONE COUNTY CONCERNING MUNICIPAL ELECTIONS  WHEREAS, the City conducts municipal elections once every four (4) years, and in 2025, will conduct municipal elections for its mayor and city council; WHEREAS, the County possesses appropriate election equipment and employees with specialized knowledge concerning elections, and has historically assisted the City with respect to municipal elections; WHEREAS, the City has requested, and the County has agreed, to again assist the City in the conduct of its municipal elections by providing the City with appropriate election equipment and the expertise of its county employees conducting elections; and WHEREAS, the City finds and determines that such assistance works to confer a public purpose and public benefit upon the residents of Limestone County, Alabama. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on June 23RD, 2025 at 4:30 p.m., that the Mayor (and/or the City Clerk) is authorized, for and on behalf of the City of Athens, to enter into a Memorandum of Understanding Concerning Municipal Elections with Limestone County, Alabama, in substantially the same forth as shown in Attachment 1 to this Resolution. 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 23rd day of June, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING CONCERNING MUNICIPAL ELECTIONS THIS M E M O R A N D U M O F U N D E R S T A N D I N G C O N C E R N I N G M U N I C I P A L E L E C T I O N S (the “MOU”) is by and between L i m e s t o n e C o u n t y , A l a b a m a ( t h e “ C o u n t y ” ) a n d the City of Athens, Alabama (the “City”). (The County and City are sometimes referred to herein collectively as the “Parties”.) WHEREAS, the County and City have worked together cooperatively over the years in a variety of ways, all for the benefit of the citizens of Limestone County, Alabama; WHEREAS, the City conducts municipal elections once every four (4) years, and in 2025, must conduct municipal elections for its mayor and city council; WHEREAS, the County possesses appropriate election equipment and employees with specialized knowledge concerning elections, and has historically assisted the City with respect to municipal elections; WHEREAS, the City has requested, and the County has agreed, to again assist the City in the conduct of its municipal elections by providing the City with appropriate election equipment and the expertise of its county employees conducting elections; and WHEREAS, the City and County find and determine that this Agreement works to confer a public purpose and public benefit upon the residents of Limestone County, Alabama. THEREFORE, in consideration of the premises, the mutual covenants herein contained, $1.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and County hereby agree as follows: 1. Term. The term of this MOU shall be from July 1, 2025 through December 31, 2025 (the “Term”).  2. County’s Election Activities Assistance to City. (a) During the Term, the County agrees to provide the City with reasonable assistance concerning the City’s 2025 general municipal elections and any run-off elections. More specifically with respect to the general elections, the County will provide the City with the assistance as shown and described in Attachment A to this Agreement. In the event of run- off elections, the County will provide the City with analogous assistance to that provided as shown in Attachment A for the general elections. The County’s assistance is conditioned on the City performing the functions and meeting its responsibilities as shown on Attachment A. The County shall utilize the following personnel and departments in providing such services: its Election Director, IT Department, Machine Specialist, and such others as the County’s Chairman deems reasonably necessary. (b) The County does hereby authorize and direct its employees to provide such assistance as is set forth in Attachment A, and recognizes that such employees may engage in such activities as a part of the line and scope of their duties for the County. 3. City’s Assurances. (a) Any expenses of municipal election ballot supplies and printing, such other expenses for the purchase of necessary items that are used and consumed in the course of the municipal elections (including but not limited to personal protective equipment for the municipal election), or expenses for necessary services provided to the City by third party vendors (i.e., vendors not associated with the County) that are required by the City to facilitate the municipal elections, will be borne by the City. (b) The City does hereby release the County, as well as any of the County’s officers, employees, and agents, from any and all claims against the same arising from or relating to the services provided by the County to the City pursuant to this Agreement. (c) The City does hereby agree to bear the expense of the reasonable cost of any damage to or destruction of any of the County’s election equipment or facilities used in connection with the services provided to the City as stated in this Agreement (the “Facilities”) where the same arises from or relates to its use in connection with the services provided to the City as stated in this Agreement (ordinary wear and tear excepted). (d) The City shall not allow or encourage any practice or policy that will cause or be likely to cause injury or damage to the Facilities or any person using the Facilities. (e) The City shall not pay or otherwise compensate any County employee for the performance of any service contemplated by this Agreement. (f) If the County’s Chairman determines that, due to unusual circumstances not contemplated at the time of this Agreement, a County employee was required to devote substantial time and energy above and beyond his/her normal work schedule in order to provide the services to the City hereunder, then the City’s Mayor is authorized to direct the City to pay the County such amounts, calculated by relation to such employee’s hourly equivalent, that the Mayor and the County’s Chairman determine in good faith is appropriate for such work. 4. Miscellaneous. (a) This MOU contains the entire agreement between the parties hereto, and neither party is bound by any representation or agreements of any kind except as herein contained, and no amendments hereto shall be considered as effective unless and until the same shall be reduced to writing and executed by all the parties hereto. (b) If any provision of this MOU is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this MOU shall remain in full force and effect. Any provision of this MOU is held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. (c) The Parties shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from so doing by cause or causes beyond such party’s control which shall include without limitation, civil commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fire and other casualty, inability to obtain any material services or financing or through acts of God. (d) Subject to all applicable laws, the Parties shall cooperate fully with one another in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this MOU. (e) Nothing contained in this MOU is intended or shall be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties hereto toward any person or entity not a party to this MOU, unless otherwise expressly set forth herein. (f) Nothing herein is intended to be construed as or to create a partnership or a joint venture by or between the County and City. None of the County’s employees or agents are employees or agents of the City, and none of the City’s employees or agents are employees or agents of the County. Nothing herein shall be construed as granting the City any ownership/property interest in the Facilities. IN WITNESS WHEREOF, the County and City, by their duly authorized representatives, have executed this MOU and made the same effective as of this _____ day of June, 2025. /SIGNATURE LINES/ ATTACHMENT A will set forth the election schedule with details concerning the areas where Limestone County will assist the City of Athens. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION 2025 - 2088 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to award the JHR Additions - US-72 improvements to the lowest bidder, Rogers Group, Inc. in the amount of $283,963, to be funded from the proceeds of the 2024 General Obligation Warrants. ADOPTED and APPROVED this, the 23rd day of June, 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 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, to approve the purchase of fifty (50) firestick rods from Vermeer Southeast at a cost not to exceed $22,200. The amount of this expenditure has been included in the Gas Department’s FY 2025 capital budget. The motion was seconded by Councilman Harper 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 purchase of twelve (12) 50’ sections of 1 ¾” attack hose from Sunbelt Fire at a cost not to exceed $4,000 to be funded from the existing Fire Department capital account. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2025 - 2089 A RESOLUTION CONCERNING AN APPROPRIATION TO ATHENS STATE UNIVERSITY TOWARD THE CARTER HALL RENOVATION PROJECT _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates funds for governmental purposes and to a governmental entity which serves public purposes benefitting the citizens of Athens; and WHEREAS, the City Council finds that action on the item listed below serves a valuable public purpose that has for its objective the promotion of public prosperity, contentment, economic development and/or the general welfare of the community. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on June 23rd, 2025 at 4:30 p.m., as follows: The Council authorizes an annual commitment of $389,560 for a period of ten years to Athens State University to be used toward debt service issued in connection with the renovation of Carter Hall. The Mayor or City Clerk is directed and authorized to release these funds at his/her discretion. This commitment, totaling $3,895,600 over the ten-year period shall be funded from the City’s Contingency Fund and shall be paid annually beginning with the fiscal year beginning October 1, 2025 and ending with the fiscal year beginning October 1, 2034.  The commitment and payment of funds as described in the preceding paragraph is contingent upon the occurrence of both of the following: 1. The adoption of a similar resolution by the Limestone County Commission whereby a commitment of an amount at least equal to the City’s commitment is authorized toward the Carter Hall Renovation Project payable from the Limestone County Commission; and 2. The (a) approval and acceptance of a bid for the project by the Athens State University Board of Trustees at its July, 2025 quarterly meeting, along with the related authorization of the Carter Hall Renovation Project by that board; and (b) the borrowing of funds by Athens State University in support of the Carter Hall Renovation Project through bonds, warrants, or similar instruments, along with the university’s commencement of debt service payments with respect to the same. ADOPTED this the 23rd day of June, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA 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 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, and Henry; NAYS: Councilmembers Harper and Lucas. The President thereupon announced that the motion for the adoption of the said resolution had been carried. Before opening the floor to anyone wanting to address the Council on matters pertinent to City Council business, Council President Lucas read the following statement: “It’s fine for speakers to offer different viewpoints, including comments that are critical of the City, but we will observe courtesy and order. This is not a time for comments that are abusive, this is not a time for behavior that is harsh, ridiculing or insulting. The last couple of meetings, we’ve had some problems with those kinds of comments. If anyone violates those rules again, they will be out of order and subject to being directed to leave the meeting. Thank you.” Marty Kellum, 3903 Ingleside Street, Athens, addressed the City Council to reiterate the need for an indoor community pool, both for the swim team and the aging community. Mr. Kellum distributed a copy of the USA Swimming’s recommendations for the dimensions and regulations for a pool facility. Laura Lynn Kerner, 22240 Mooresville Road, Athens, addressed the City Council in support of an indoor pool and asked for the City’s support in helping to manage and operate a pool through the Parks and Recreation Department. Rosanna Cameer, 1429 Capshaw Road, Athens, addressed the City Council in support of an indoor pool. She stated that she owns 26 acres of land south of Highway 72, between Hine Street and Levert Avenue, and that she would like to extend an option to the City to consider as a location to build an indoor pool. Mayor Marks asked that she leave her phone number so that his office could contact her. Mac McCutcheon, member of Athens State University’s Board of Trustees, expressed his appreciation to the Council for their support of the Athens State University Carter Hall project and stated that ASU is an important part of the workforce development in the region and that this project will be an important economic engine for the City of Athens. Jane Davis, 16659 Linton Road, Athens, addressed the City Council and asked if there were programs in place to ensure that anyone coming into the county claiming to be a part of law enforcement be required to wear a uniform and a badge and to not wear a mask. Mayor Marks responded that the Limestone County Sheriff’s Department and the City of Athens Police Department work closely together and that they do not wear masks but there is not a City Council policy to that effect. Mae Davis, 1201 Plainview Circle, Athens, commended the City Council, Mayor Marks and Shane Black, City Attorney, for the jobs that they are doing for the city of Athens. * * * 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 Councilwoman Wales and was seconded by Councilman Seibert. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL /s/Annette Barnes-Threet CITY CLERK