Page 1 of 6 MINUTES OF MEETING, ATHENS CITY COUNCIL, NOVEMBER 18, 2008 The Athens City Council met in regular session on Tuesday, November 18, 2008, at 6:00 P.M. with Mayor Proffitt presiding. The invocation was given by Council Member Alvey; and upon roll call, the following members were present: Alvey, Buttram, Pelley, Perkinson, Proffitt The following decisions were made and ordered made a part of the records of the Athens City Council. - 1 - MINUTES The Minutes of the regularly scheduled meeting on October 21, 2008, were submitted for approval. Council Member Alvey requested the minutes be corrected as follows: 6:35 P.M. The Athens City Council Beer Board adjourned and reconvened as the Athens City Council The minutes as corrected were approved by unanimous consent. - 2 - CERTIFICATION OF ELECTION The following official tabulation of the Athens City Election was presented by Mayor Proffitt and is entered herein as a part of these Minutes: We, the undersigned members of the McMinn County Election Commission, do hereby certify that we held an Athens City Election on Tuesday, November 4, 2008, in all of the voting precincts in the City of Athens, according to law, for the purpose of electing the offices shown hereinafter, and that we have canvassed the returns of said election as required by law, and we do hereby certify that the following tabulation is a true, correct, and complete accounting of the results of said election as established by the canvassing of the returns, this 17 th day of November 2008. ATHENS CITY COUNCIL VOTE FOR TWO (2) Shannon Alvey 2586 Ann Scott Davis 2325 Harold R. Hunter 2183 Ingrid B. Cooley 1257 Total Votes Cast 8351 McMinn County Commissioners of Election /s/ Fred H. Frazier, Chairman /s/ Paul F. Mullins, Secretary /s/ Ray Simmons, Member /s/ Ray Whitlock, Member /s/ J.W. McPhail, Member
Page 2 of 6 ATHENS CITY SCHOOL BOARD VOTE FOR THREE (3) Chris Adams 3736 Mike Bevins 3620 Brian H. Heatherly 3422 Total Votes Cast 10778-3 - SWEARING IN OF NEWLY ELECTED COUNCIL MEMBERS The swearing in of the newly-elected council members (Alvey and Davis) was conducted by City Attorney Chris Trew. Upon the seating of the new council, followed by roll call, the following members were in attendance: Alvey, Buttram, Davis, Pelley, Perkinson - 4 - REORGANIZATION OF COUNCIL The method of selecting the mayor is determined by the Charter of the City of Athens (Article V; Sections 1 & 11), whereby the councilmen at the first regular meeting after each biennial election shall elect from one of their number a mayor and vice mayor to serve for a term of two years. ELECTION OF MAYOR To begin the reorganization of the Council, City Attorney Trew announced that he would accept nominations for the election of mayor. Council Member Alvey nominated Council Member Pelley to serve a two-year term as Mayor. Council Member Perkinson nominated Council Member Buttram to serve as Mayor. Upon consideration of the nominations in the order received, a motion to elect Council Member Pelley as Mayor failed by the following roll call vote: Alvey, Pelley Buttram, Davis, Perkinson A motion to elect Council Member Buttram as Mayor passed by the following roll call vote: Buttram, Davis, Perkinson Alvey, Pelley
Page 3 of 6 ELECTION OF VICE MAYOR Upon request for nominations for the office of Vice Mayor, Council Member Davis, nominated Council Member Perkinson to serve a two-year term. There being no further nominations, the motion was approved by the following roll call vote: Davis, Pelley, Perkinson, Buttram Alvey APPOINTMENT OF COUNCIL REPRESENTATIVES Vice Mayor Perkinson presented for consideration a list of council-represented committee appointments. After discussion and comments, Mayor Buttram presented the following list: Name of Committee Athens Parks Foundation Planning Commission/Board of Zoning Appeals Mayor s designee to Planning Commission Athens Utilities Board Historic Preservation Commission International Relations Committee McMinn County Dept. of Juvenile Services McMinn County Economic Development Authority McMinn County Senior Citizens SE TN Trade & Conference Board Council Representative Bo Perkinson Dick Pelley Ann Davis Bo Perkinson Ann Davis Dick Pelley Shannon Alvey Dick Pelley Ann Davis Hal Buttram A motion was made by Council Member Pelley, seconded by Council Member Alvey, to approve the appointments as presented by Mayor Buttram. There being no further discussion, the motion was unanimously approved by the following roll call vote: Alvey, Davis, Pelley, Perkinson, Buttram PRESENTATION OF VIVID AWARD - 5 - COMMUNICATIONS Vice Mayor Perkinson presented the Very Important Volunteer Individual Award for the month of November 2008 to Citizens National Bank for its outstanding support of this community over the past 100 years. Paul Willson, Chairman/CEO of Citizens National Bank was joined by his mother, Mintie Willson, and his sister, Meredith Willson. Mr. Willson accepted the award on behalf of the many employees of Citizens National Bank.
Page 4 of 6 6:45 P.M....The Athens City Council recessed and reconvened as the Athens Beer Board - 6 - BEER BOARD RELINQUISHMENT OF BEER PERMIT TIGER FOOD MART Mayor Buttram acknowledged receipt of a letter from Baldevbhai Patel relinquishing the Grocery (Food Stores) Beer Permit at Tiger Food Mart located at 10 North Congress Parkway due to change ownership. BEER APPLICATION M.A. EXPRESS, INC., 10 NORTH CONGRESS PARKWAY An application for a Grocery (Food Stores) Beer Permit at M.A. Express, Inc., 10 North Congress Parkway, was presented for consideration. After brief discussion and comments, motion was made by Council Member Pelley, seconded by Council Member Alvey to accept the relinquishment of the Grocery (Food Stores) Beer Permit by Tiger Food Mart and approve the beer application from M.A. Express, Inc. as submitted. Upon roll call, the motion was approved by the following vote. AUDIENCE...Alvey, Davis, Pelley, Perkinson, Buttram... 6:47 P.M....The Athens Beer Board adjourned and reconvened as the Athens City Council - 7 - PETITIONS AND REQUESTS Mayor Buttram opened the meeting for petitions and requests from the audience. Mr. Charles Myers, 3014 Hawthorne Street, expressed his appreciation and thanks to all of the council and expressed citizens thank you to former Mayor John Proffitt for his years of service to the City of Athens. FINANCE DEPARTMENT REPORT - 8 - REPORTS Mr. Brad Harris presented the Finance Department Report for the month of October 2008. After brief discussion and comments, the report was accepted as presented.
Page 5 of 6-9 - POLICE DEPARTMENT REPORT Captain Rob Davis presented the Police Department Report for the month of October 2008. After brief discussion and comments, the report was accepted as presented. FIRE DEPARTMENT REPORT - 10 - Chief Bob Miller presented the Fire Department Report for the month of October 2008. After brief discussion and comments, the report was accepted as presented. - 11 - CONSENT AGENDA Mayor Buttram advised that the following items were discussed during the recent work session and are presented as a part of the Consent Agenda. The recording clerk read the items into the record: 1.) Approve Resolution No. 2008-38 to authorize the execution, terms, issuance, sale, and payment of not to exceed $2,035,000 electric system tax and revenue refunding bonds, series 2008, of the City of Athens, Tennessee; 2.) Approve City of Athens Budget Amendment No. 1, dated November 5, 2008, for Fiscal Year 2008/09. On motion by Council Member Pelley, seconded by Council Member Alvey, the Consent Agenda as stated above was approved by the following roll call vote: Alvey, Davis, Pelley, Perkinson, Buttram - 12 - ORDINANCES ORDINANCE NO. 972 SECOND/FINAL READING PUBLIC HEARING AN ORDINANCE TO REPLACE TITLE 18, CHAPTER 1 OF THE ATHENS MUNICIPAL CODE WITH CHAPTERS 1, 2, AND 3, AND TO RENUMBER THE EXISTING CHAPTERS 2 AND 3 AS CHAPTERS 4 AND 5. Upon the reading of the caption by the recording clerk, Mayor Buttram opened the Public Hearing on Ordinance No. 972. There being no one present wishing to discuss the Ordinance, Public Hearing was closed. Motion was made by Vice Mayor Perkinson, seconded by
Page 6 of 6 Council Member Alvey, to approve Ordinance No. 972 on Second and Final Reading, and upon roll call, Ordinance No. 972 was approved by the following vote: ABSENT: Alvey, Davis, Pelley, Perkinson, Buttram - 13 - ORDINANCE NO. 973 SECOND/FINAL READING PUBLIC HEARING AN ORDINANCE TO AMEND THE MUNICIPAL ZONING ORDINANCE FOR THE CITY OF ATHENS, TENNESSEE, SO AS TO AMEND CHAPTER 3, ZONING DISTRICTS, MORE SPECIFICALLY SECTION 3.04.16 HISTORIC PRESERVATION COMMISSION AND HISTORIC OVERLAY DISTRICT AND CONSERVATION OVERLAY DISTRICT AS ADDED BY ORDINANCE NO. 943. Upon the reading of the caption by the recording clerk, Mayor Buttram opened the Public Hearing on Ordinance No. 973. There being no one present wishing to discuss the Ordinance, Public Hearing was closed. After comments by Vice Mayor Perkinson and Council Member Alvey, a motion was made by Vice Mayor Perkinson, seconded by Council Member Davis, to approve Ordinance No. 973 on Second and Final Reading, and upon roll call, Ordinance No. 973 was approved by the following vote: ABSENT: Davis, Pelley, Perkinson, Buttram Alvey - 14 - NEW BUSINESS MANAGER'S REPORT City Manager Moore presented the Manager's Report. He reviewed progress of current city projects/meetings scheduled during the months of November and December. After brief comments, the report was accepted as presented. ADJOURNMENT - 15 - There being no further business to come before the meeting and upon motion duly made and seconded, the meeting adjourned at 7:36 p.m. R. HAL BUTTRAM, Mayor MITCHELL B. MOORE, City Manager