MINUTES OF MEETING, ATHENS CITY COUNCIL, AUGUST 18, 2009

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1 Page 1 of 7 MINUTES OF MEETING, ATHENS CITY COUNCIL, AUGUST 18, 2009 The Athens City Council met in regular session on Tuesday,, at 6:00 P.M. with Mayor Buttram presiding. The invocation was given by Vice Mayor Perkinson; and upon roll call, the following members were present: The following decisions were made and ordered made a part of the records of the Athens City Council MINUTES The Minutes of the Special Meeting of the Beer Board scheduled on June 23, 2009 and the regularly scheduled meeting of the City Council on July 21, 2009 were submitted and approved by unanimous consent COMMUNICATIONS TRIBUTE COMMEMORATING CITY JUDGE DONALD DON REID RESOLUTION NO A RESOLUTION COMMEMORATING THE LIFE AND COMMUNITY SERVICE OF DONALD B. REID. Mayor Buttram read Resolution No commemorating the life and community service of Donald B. Reid and authorizing the hanging of his photograph in the courtroom alongside the picture of Mr. Higgins. Linda Reid, wife of the late Don Reid, was present and thanked the City Council for allowing her husband to serve as Athens Municipal Court Judge for the past twenty-four years PRESENTATION OF SOAP BOX DERBY PROCLAMATIONS Council Member Jackson, Council Member Pelley and Vice Mayor Perkinson presented proclamations honoring Cass Turner (Local Stock Division Champion), Mason Dixon (Local Super Stock Division Champion), and Hamilton Hacker (Super Kids Champion) for their participation in the 2009 All-American World Championship Soap Box Derby in Akron, Ohio.

2 Page 2 of 7 All three recipients were in attendance to receive the proclamations and express appreciation to their family, sponsors, the City of Athens, and Recreation Director Austin Fesmire. PRESENTATION OF VIVID AWARD Council Member Davis presented the Very Important Volunteer Individual Award for August 2009 to the Athens Travelers Car Club for outstanding community service. Mr. Danny Richesin, President of Athens Travelers Car Club, along with board members, Jerry Poats, Rick Swafford, and Julia Swafford, accepted the award on behalf of the members of the club. Mr. Richesin thanked everyone for allowing the Car Club to shut down the streets in downtown Athens so they could raise money for the kids. MISCELLANEOUS CORRESPONDENCE Mayor Buttram acknowledged receipt of a letter from E.G. Fisher Public Library thanking the City for recognizing the volunteer efforts of the Friends of the Library and others in bringing The Big Read to the community. AUDIENCE PETITIONS AND REQUESTS Mayor Buttram opened the meeting for petitions and requests from the audience. Dr. Joseph Holliday, who has had an office in Athens for the past 26 years. Dr. Holliday s daughters walk through the park and he asked the Council to give them the right to carry their guns should they need to protect themselves. Mr. Ken Montgomery, 114 County Road 456, stated that he was opposed to the ban. The City has a great police department but they can t be everywhere. Mr. Montgomery commented that he did not like the direction this country was going in and he felt that this legislation only impeded legal citizens from protecting themselves. Criminals will never obey the law. Individuals with gun permits could possibly protect someone that is being attacked. Mr. D. J. Chatfield, 159 County Road 556, stated that he had taken the approved handgun carry course, passed the test and was issued a permit. The State of Tennessee has approved him to carry a permit in their parks; the federal government also recognizes his right to carry a gun in their parks. Mr. Chatfield urged the Council not to pass the legislation before them tonight. Ms. Vicki Derrick, 102 Nash Drive, stated that she is a walker and due to health problems usually walks in the parks in the evening when it is cooler. This is also the time when less desirable individuals are out. She has passed the gun test and has a permit to carry a gun. Ms. Derrick urged the Council not to pass this resolution so that she may protect herself. Mr. Dallas Burns, 480 County Road 126, asked the Council how many of them have walked through

3 Page 3 of 7 the parks recently. Mr. Burns stated that he walks the long route and there are many places on the path for someone to ambush a walker. He commented that he does not plan to be a victim and urged the Council to allow individuals to protect themselves. Ms. Stacy Alexander, 372 County Road 174, representing the Athens Youth Football Association, stated that they were a new football and cheer program. Ms. Alexander stated that she had sent letters to members of the City Council requesting funds for their program. There are approximately 150 children in the program and they will be playing their games at the high school. She stated that the program will benefit the City and there is definitely a need in the community. Ms. Alexander asked the Council to consider funding their program. FINANCE DEPARTMENT REPORT REPORTS Mr. Brad Harris, Finance Director, presented the Finance Department Report for the month of July After brief discussion and comments, the report was accepted as presented. POLICE DEPARTMENT REPORT Chief Chuck Ziegler presented the Police Department Report for the month of July After brief discussion and comments, the report was accepted as presented. FIRE DEPARTMENT REPORT Fire Chief Jim Dyer presented the Fire Department Report for the month of July After brief discussion and comments, the report was accepted as presented NEW BUSINESS PROHIBITING HANDGUNS IN MUNICIPAL PARKS RESOLUTION NO A RESOLUTION TO PROHIBIT HANDGUNS IN PUBLIC MUNICIPAL PARKS, NATURAL AREAS, HISTORIC PARKS, NATURE TRAILS, CAMPGROUNDS, FORESTS, GREENWAYS, WATERWAYS, OR OTHER SIMILAR PUBLIC PLACES. The caption of Resolution No was read by the recording clerk. Motion was made by Vice Mayor Perkinson, seconded by Council Member Davis, to approve

4 Page 4 of 7 Resolution No Vice Mayor Perkinson stated that he had looked at this issue extensively and at choices made by other cities throughout the state. He noted that he was aware of the gun permit holders feelings and respected their opinion. However, he felt it would be better to leave the practice in place to prohibit guns in the parks considering the contiguous nature of several parks to school property. Mr. Perkinson felt that allowing guns would create confusion between city properties and schools, where guns would be prohibited. Council Member Pelley commented that he too had struggled with this issue. Guns are not something that he likes and he is not a member of the NRA. If this resolution could guarantee that there would not be guns in the parks then he would fully support this resolution. This legislation only keeps gun permit holders who have spent time and money being trained to properly carry guns out of the parks. Mr. Pelley opposed this resolution as it will not keep people who want to do bad things to good people out of the parks. Council Member Davis concurred with the other council members. She stated that her biggest concern was the safety of the children. Council Member Pelley responded that the children were everyone s concern. Permit holders are not over reactive but are more protective based on articles that he had been reading. Mr. Pelley stated that he did not feel this resolution protected the children. Vice Mayor Perkinson questioned how people would know that the schools are in session and they cannot carry guns in the parks. After continued discussion, the Resolution was approved by the following roll call vote: Davis, Jackson, Perkinson, Buttram Pelley DOWNTOWN PARKING FOR COMMUNITY EVENTS A motion was made by Vice Mayor Perkinson, seconded by Council Member Pelley, to approve a request from the Downtown Business Association to permanently number the parking spaces on the downtown streets and to pay the $906 expense from City funds. In addition, the Downtown Business Association would pursue other funding sources to cover a portion of the cost. Vice Mayor Perkinson stated that permanently marking the spaces would benefit not only MooFest but also Pumpkintown and the Old Fashioned Christmas events. Council Member Davis commended the Downtown Business Association for their work and accomplishments. There being no further discussion, the motion was approved by the following roll call vote: MEDICAL INSURANCE 2009 RENEWAL A motion was made by Council Member Jackson, seconded by Council Member Davis, to approve staff s recommendation to change insurance carriers from United

5 Page 5 of 7 Healthcare to Blue Cross Blue Shield and to offer a dual option plan to allow employees the opportunity to buy up for the more extensive network. The motion was approved by the following roll call vote: CONTRACT EXTENSION CLEANING/JANITORIAL SERVICES FOR ATHENS MUNICIPAL BUILDING RESOLUTION NO A RESOLUTION AUTHORIZING THE EXTENSION OF A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF ATHENS, TENNESSEE, AND METRO JANITORIAL SERVICES, INC. FOR CLEANING SERVICES OF THE ATHENS MUNICIPAL BUILDING. The caption of Resolution No was read by the recording clerk. Motion was made by Council Member Pelley, seconded by Council Member Jackson, to approve Resolution No The Resolution was approved by the following roll call vote: REVIEW BIDS AUTOMATED REFUSE COLLECTION SYSTEM As discussed during recent work session, Mayor Buttram presented for Council s consideration Bid Tabulation No. 1503, dated July 23, 2009, for an Automated Refuse Collection System. Upon review of the bids, city staff recommended the bid be awarded to Stringfellow, Inc., as the low bidder meeting bid specifications. Upon consideration, motion was made by Council Member Pelley, seconded by Council Member Jackson, to accept staff s recommendation as provided above. After brief discussion, the motion was approved by the following roll call vote:

6 Page 6 of REVIEW BIDS REFUSE CONTAINERS As discussed during recent work session, Mayor Buttram presented for Council s consideration Bid Tabulation No. 1505, dated August 8, 2009, for refuse containers. Upon review of the bids, city staff recommended the bid be awarded to D & W Environmental, Inc., as the low bidder meeting bid specifications. Upon consideration, motion was made by Vice Mayor Perkinson, seconded by Council Member Jackson, to accept staff s recommendation as provided above. After brief discussion, the motion was approved by the following roll call vote: COMMITTEE RESIGNATION HEALTH & EDUCATION FACILITIES BOARD AND RECREATION ADVISORY BOARD A motion was made by Council Member Davis, seconded by Council Member Jackson, to accept Mr. Troy Barrett s resignation from the Health & Education Facilities Board, term expiring September 7, 2010, and the Recreation Advisory Board, term expiring June 30, Upon roll call, the motion was approved by the following vote: COMMITTEE APPOINTMENT RECREATION ADVISORY BOARD A motion was made by Council Member Pelley, seconded by Council Member Davis, to appoint Mr. E. Ray Luck to fill Mr. Troy Barrett s unexpired term on the Recreation Advisory Board for the term expiring June 30, Upon roll call, the motion was approved by the following vote:

7 Page 7 of COMMITTEE REAPPOINTMENT SOUTHEAST TENNESSEE TRADE & CONFERENCE BOARD A motion was made by Vice Mayor Perkinson, seconded by Council Member Davis, to reappoint Mr. Blake McCaslin to serve another three-year term on the Southeast Tennessee Trade & Conference Board, term expiring August 20, Upon roll call, the motion was approved by the following vote: MANAGER S REPORT City Manager Moore presented the Manager's Report. He reviewed progress of current city projects/meetings scheduled during the months of August and September. After brief comments, the report was accepted as presented. ADJOURNMENT There being no further business to come before the meeting and upon motion duly made and seconded, the meeting adjourned at 7:40 p.m. R. HAL BUTTRAM, Mayor MITCHELL B. MOORE, City Manager

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