2022 12 20 Minutes

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6778
December 20, 2022
Page 3 of 4

Council Member Pelley moved, Council Member Witt-McMahan seconded, to approve the Base Bid and
Alternate 1 for the Larry Dean Wallace, Sr. Animal Shelter and Adoption Center building. Roll call vote:

AYES: Curtis, Pelley, Witt-McMahan, Sherlin
NAYS: None
ABSENT: Eaton

-9-

PROPOSED ORDINANCE TC RESCIND AND REPLACE ORDER OF BUSINESS OF REGULAR CITY COUNCIL
MEETING AGENDA

ORDINANCE NO. 1115 — FIRST READING

ORDINANCE TO AMEND THE ATHENS MUNICIPAL CODE TO ALTER THE ORDER OF BUSINESS OF REGULAR
CITY COUNCIL MEETINGS.

Council Member Pelley moved, Council Member Witt-McMahan seconded, to approve Ordinance No.
1115 on first reading. Interim City Manager Keith clarified that this ordinance changes the order of
business to have the Requests from Citizens moved from Item XII to Item VII and will follow
Communications and Special Presentations on the agenda. Roll call vote:

AYES: Curtis, Pelley, Sherlin
NAYS: None

ABSTAIN: Witt-McMahan
ABSENT: Eaton

-10-

APPROVE NEW DESIGN FOR CITY SEAL

Council Member Pelley moved, Council Member Witt-McMahan seconded, to approve the new design
for the City Seal (the middle one on the bottom of page 54 in the agenda packet that contains the date,
the name of the city, Friendly City, and the name of the state.) Council Member Curtis stated his opinion
for not supporting the new design. Council Member Witt-McMahan stated her opinion in favor of using
the new design as the City Seal and using the current logo as a logo. Mayor Sherlin moved, Council
Member Pelley seconded, to postpone the discussion to January 9, 2023 study session. Roll call vote:

AYES: Curtis, Pelley, Witt-McMahan, Sherlin
NAYS: None
ABSENT: Eaton

-11-

APPROVE RESOLUTION NO. 2022-38 TO RESCIND THE CODE OF PROFESSIONALISM FOR THE ATHENS
ciTY COUNCIL.

RESOLUTION NO. 2022-38
A RESOLUTION TO RESCIND THE CODE OF PROFESSIONALISM FOR THE ATHENS CITY COUNCIL.

The caption of Resolution No. 2022-38 was read by the recording clerk. Council Member Pelley moved,
Mayor Sherlin seconded, to approve Resolution No. 2022-38 to rescind the Code of Professionalism for
the Athens City Council. Mayor Sherlin stated the Council is under the State of Tennessee Ethics Code,
the Code of Ethics in the Athens Municipal Code, and the Code of Professionalism, that is three (3) ethics
codes for Council to follow. Interim City Attorney Buckley stated there was no need for three codes and
that the State code would prevail regardless. Roll call vote:

AYES: Curtis, Pelley, Witt-McMahan, Sherlin
NAYS: None
ABSENT: Eaton

Council Member Pelley moved, Mayor Sherlin seconded, to have the Interim City Attorney look at all
the City’s lawsuits and see which ones the City can resolve. Interim City Attorney Buckley stated that in
his professional opinion, they should not be discussing pending litigation in a public forum. He was not
going to involve himself in this public forum with matters of litigation that have not been to court yet.
Interim City Attorney Buckley advised the Council not to discuss this issue, that they deny Council Member
Pelley’s motion, and they discuss pending litigation at the proper place and time. Council Member Pelley
stated he was not asking the Council to discuss these cases, he was asking the Council to ask him to look
at the cases and advise the Council on which ones could be settled before they go to court. Interim City