Anniston Formal Agenda - July 24, 2012

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Anniston Formal Agenda - July 24, 2012

Transcript of Anniston Formal Agenda - July 24, 2012

  • CITY OF ANNISTON

    JULY 24, 2012

    6:00 P.M.

    INVOCATION (Mayor)

    PLEDGE OF ALLEGIANCE (Mayor)

    CALL TO ORDER (Mayor)

    ROLL CALL (Mayor)

    READING/APPROVAL OF MINUTES OF PREVIOUS MEETING (Mayor)

    ADDITIONS/DELETIONS TO THE AGENDA

    ADOPTION OF AGENDA (Mayor calls for a motion, second, roll call)

    UNFINISHED BUSINESS (Mayor)

    (a) A resolution authorizing the payment of legal expense for defense of a former

    city council member pursuant to Code of Alabama Section 36-25A-9(h).

    (b) A motion to approve a Lounge Retail Liquor Class I application for Bryan McGhee d/b/a Exclusive Comedy Lounge located in the city limits at 2210

    Noble Street. (goes before Zoning Board of Adjustments TBA)

    NEW BUSINESS (City Attorney)

    I. PUBLIC HEARING

    (a) To receive comments on why the grass lots and debris declared a public

    nuisance should not be ordered abated. (Grass Lots Group 18)

    II. RESOLUTIONS

    (a) A resolution over-ruling objections to the abatement of identified nuisances.

    (Grp 18) Public Hearing Required

    (b) A resolution amending the Anniston/Calhoun County HOME Consortium

    Three Year HOME Consolidated Plan for Program Years 2009 2011.

    (c) A resolution adopting the 2012 Program Year Annual Action Plan covering

    the planned use of both CDBG and HOME Funds for the period October 1,

    2012 to September 30, 2013.

    (d) Resolution appointing election officials for the Municipal Election on August

    28, 2012, and, if necessary, the run-off election on October 9, 2012.

  • (e) A resolution authorizing an Attorney Generals Opinion whether or not a council member may vote on pending matters.

    (f) A resolution asking the Anniston Civil Service Board to revise Section 2 (b) 5

    of Chapter VIII of its Rules and Regulations in order to allow the city to

    recruit its highest ranking officer from outside of the departments current ranks.

    III. MOTIONS

    (a) To approve a Special Events Retail ABC License Permit for Fat Dog

    Enterprises LLC (Beer Only) for Rumble on Noble on August 25, 2012 from

    2:00 p.m. until Midnight located on Noble Street between 10th

    and 14th

    Street.

    (b) To approve a Special Events Permit for the blocking of areas of downtown

    Anniston for Rumble on Noble on August 25, 2012.

    IV. OTHER ADDITIONAL OR FURTHER MATTERS THAT MAY COME BEFORE COUNCIL

    PUBLIC COMMENTS (Mayor)

    COUNCIL COMMENTS (Mayor)

    ADJOURNMENT (Mayor)

  • UNFINISHED BUSINESS

  • - 1 -

    RESOLUTION NUMBER 12-R-

    A RESOLUTION AUTHORIZING THE PAYMENT OF LEGAL EXPENSES FOR DEFENSE OF A FORMER CITY COUNCIL MEMBER PURSUANT TO CODE OF ALABAMA SECTION 36-25A-9(h)

    WHEREAS, on or about the 21st day of November, 2011, civil litigation was filed against John Spain,

    then a member of the Anniston City Council, in Calhoun County Circuit Court and assigned case number CV-2011-

    900341; and

    WHEREAS, citing Code of Alabama Section 36-25A-9, the above referenced civil litigation alleged inter

    alia that Mr. Spain as a member of the Council violated the Open Meetings Act; and

    WHEREAS, the civil litigation is now concluded by dismissal with prejudice, meaning there was a final

    disposition of the matter with no finding of a violation of the Open Meetings Act or liability on any allegation

    against then Councilman Spain; and

    WHEREAS, Ala.Code Section 36-25A-9, precisely the section that was cited in the complaint against

    Councilman Spain, states in subparagraph (h) as follows:

    A governmental body is authorized to pay for or provide for the legal expenses of present or former

    members of the body named as defendants in a proceeding under this chapter.

    WHEREAS, the civil litigation which included an Open Meetings Act claim filed against Council member

    Spain was (1) a matter in which the City had a proper corporate interest; (2) involved a claim for acts done on behalf

    of the corporation; and (3) was done while in the honest discharge of his duty; and

    WHEREAS, Councilman Spain incurred legal expenses in defense of the foregoing civil matter and has

    made a timely claim for payment of the same; and

    WHEREAS, the claim has been reviewed administratively, deemed lawful and one which may be allowed

    and paid upon approval by the Council.

    NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Anniston as follows:

    Section 1. The City Council has found as follows:

    a. A civil action was filed against former Council member John Spain alleging inter alia violations of the Open Meetings Act.

    b. The civil litigation has been concluded by dismissal with prejudice with no finding of liability against Councilman Spain.

    c. (i) The City of Anniston has a proper corporate interest in the civil litigation against Council Member Spain alleging an Open Meetings Act violation citing Code of Alabama Section 36-

    25A-9;

    (ii) Council Member Spain acted within the scope of his official duties;

    (iii) Council Member Spain acted honestly and in good faith concerning the matter in question.

    (iv) Ala.Code Section 36-25A-9(h) states:

  • - 2 -

    A governmental body is authorized to pay for or provide for the legal expenses of present or former

    members of the body named as defendants in a proceeding under this chapter.

    Section 2. That the City of Anniston, through its appropriate officials, be authorized to receive, review,

    approve and pay attorneys fees not to exceed the amount of $17,000.00 for services rendered to Councilman John Spain in Calhoun County Civil Action Number CV-2011-000341 a case in which the City had a proper corporate

    interest involving actions committed in the discharge of the Councilmans official duties and which the Councilman acted honestly and in good faith.

    Section 3. That the appropriate City representative be authorized to petition the Court in the existing

    declaratory judgment action filed by the Alabama Municipal Insurance Corporation (AMIC) and bearing case

    number Calhoun County Circuit Court CV-2011-900549, said to determine judicially whether or not based upon the

    specific facts of Councilman Spains case his defense should be covered under the Citys policy of insurance and whether recoupment or reimbursement are due based upon the insurance contract.

    DONE and ORDERED this ____ day of _____________, 2012.

    CITY COUNCIL OF THE CITY OF

    ANNISTON, ALABAMA

    BY:______________________________

    Gene D. Robinson, Mayor

    BY:______________________________

    Jay W. Jenkins, Council Member

    BY:______________________________

    Herbert N. Palmore, Council Member

    BY:______________________________

    Benjamin L. Little, Council Member

    BY:______________________________

    Marcus L. Dunn, Council Member

    ATTEST:

    _________________________

    Alan B. Atkinson, City Clerk

  • RESOLUTIONS

  • RESOLUTION NUMBER 12-R-___

    A RESOLUTION OVER-RULING OBJECTIONS TO THE ABATEMENT OF IDENTIFIED

    NUISANCES

    WHEREAS, Act 1995-375, Section 2, Amended by Act 2004-256 and codified as Sections 45-8-172, et

    seq. of the Code of Alabama, 1975, defines public nuisances and authorizes the City to order or

    otherwise accomplish the removal of such nuisances; and

    WHEREAS, the City of Anniston has identified herein a specific list of such nuisances and the

    appropriate remedies to abate each nuisance; and

    WHEREAS, the City of Anniston has notified the property owners or other parties that may be held

    responsible and has held a public hearing to consider objections to the proposed remedy as required by

    law.

    NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Anniston, Alabama

    that all objections and protests to the nuisance remedies identified in Exhibit A attached is hereby over-ruled and the recommended remedies are ordered to be applied to abate the nuisances according to

    the procedures and processes in Section 34.3 of the Code of Ordinances of the City of Anniston,

    Alabama.

    PASSED AND ADOPTED this the ____ day of ________________, 2012.

    CITY COUNCIL OF THE CITY OF

    ANNISTON, ALABAMA

    BY: ____________________________________

    Gene D. Robinson, Mayor

    BY: ____________________________________

    Jay W. Jenkins, Council Member

    BY: ____________________________________

    Herbert N. Palmore, Council Member

    BY: ____________________________________

    Benjamin L. Little, Council Member

    BY: ___________________________________

    Marcus L. Dunn, Council Member

    ATTEST:

    ______________________________

    Alan B. Atkinson, City Clerk

  • EXHIBIT A

    Group 18-A Nuisance Lots

    1831 McCoy Ave PPIN 20147 1912 Walnut Ave PPIN 20521

    405 West 19th St PPIN 20517 0 West 19th St. #38 PPIN 20517

    0 West 20th St #1.001 PPIN 20033 612 West 20th Place PPIN 20028

    608 West 20th Place PPIN 20027 600 West 20th Place PPIN 20031

    618 West 21st Place PPIN 20550 610 West 21st Place PPIN 20551

    606 West 21st Place PPIN 20552 621 & 623 West 21st Place PPIN 20545

    617 West 21st Place PPIN 20211 613 West 21st Place PPIN 20210

    1615 Front St PPIN 64533 0 Front St #52 PPIN 64534

    0 Front St #54 PPI