July 10, 2012 – Formal Agenda

CITY OF ANNISTON

JULY 10, 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) Evaluation of bids for the sale of the old Noble Street School Building.

(motion to table by Councilman Jenkins).

NEW BUSINESS (City Attorney)

I. RESOLUTIONS

(a) A resolution declaring a reported condition to be a public nuisance. (Grp 18)

(b) A resolution reappointing member(s) to the Museum Complex Board.

(c) 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).

II. MOTIONS

(a) 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. Public Hearing Required

(b) A motion authorizing the addition of $165,000 from the general fund to be

expended for FY 2012 paving activity. (list attached)

III. OTHER ADDITIONAL OR FURTHER MATTERS THAT MAY COME

BEFORE COUNCIL

PUBLIC COMMENTS (Mayor)

COUNCIL COMMENTS (Mayor)

ADJOURNMENT (Mayor)

UNFINISHED BUSINESS

RESOLUTIONS

RESOLUTION NUMBER 12-R-___

A RESOLUTION DECLARING A REPORTED CONDITION TO BE A PUBLIC

NUISANCE

WHEREAS, David Hill , an Appropriate City Official, pursuant to Section 34.15 of said

Ordinance, has reported to the City Council that conditions exist at _see attached (Group 18)_

in Anniston, Alabama that are believed to be a public nuisance; and

WHEREAS, the said City official submitted proof of said condition that was deemed by the

City Council to be satisfactory to show that a public nuisance existed at the place specified; and

WHEREAS, Section 34.3 (b) (1) of the City of Anniston Ordinance No. 11-O-9 declares the

following conditions to be a public nuisance: overgrown lots as defined in Section 34.2 of the

Code of Ordinances; and

RESOLVED THEREFORE, that a public nuisance exists at the above said locations within

the City of Anniston, said property being more particularly described on Exhibit “A” to this

resolution; and

RESOLVED FURTHER, that the public nuisance must be abated by the City and the cost of

abatement charged as a lien against the property if not remedied by the owner(s); and

RESOLVED FURTHER, that a hearing be set before the City Council at its next regular

scheduled meeting to hear objections to the City’s actions; and

RESOLVED FURTHER, that at least two NOTICES TO REMOVE PUBLIC NUISANCE be

promptly posted by the Appropriate City Official in front of the said property at not more than

100 feet in distance apart as specified in Section 34.16 of the Code of Ordinances; and

RESOLVED FURTHER, that the Appropriate City Official shall post said NOTICE TO

REMOVE PUBLIC NUISANCE, as aforesaid, at least 5 days prior to the time for hearing

objections by the City Council; and

RESOLVED FURTHER, that the Appropriate City Official shall determine the name and

address of the person or entity last assessing said property for tax purposes, and shall further

cause a search to be made of the public records, and shall further make a diligent investigation

to discover the name(s) and contact information of the owners of every beneficial interest in the

said property; and

RESOLVED FURTHER, that the Appropriate City Official shall, at least 5 days prior to the

time for a hearing of objections by the City Council, mail a copy of said Notice by certified or

registered mail, with postage prepaid and return receipt requested, to the last person/entity

assessing the property for taxes and to each owner of a beneficial interest in said property

including, without limitation, mortgagees of record.

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 Nuisance Lots

1831 McCoy Ave PPIN 20147 1817 McCoy Ave PPIN 20512

1816 Walnut Ave PPIN 20334 1812 Moore Ave PPIN 19872

1802 Moore Ave PPIN 19871 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

624 West 21st Place PPIN 20548 618 West 21st Place PPIN 20550


621 & 623 West 21st Place PPIN 20545 617 West 21st Place PPIN 20211


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

0 Front St #54 PPIN 67315 1727 Front St PPIN 67316

0 South Noble #56 PPIN 68720 400 Pyle Ave PPIN 64517

307 Lucius Dr. PPIN 67390 304 Pyle Ave PPIN 67253

411 Church St PPIN 68512 830 Quail Dr. PPIN 67166

0 Hanna St. #2 PPIN 1332 0 Chestnut St (4.001) PPIN 67308

0 Pyle Ave #10.003 PPIN 68718 313 Pyle Ave PPIN 68514

2912 Gurnee Ave PPIN 26131 2908 Gurnee Ave PPIN 26130

2900 Gurnee Ave PPIN 26129 27 West 29th PPIN 26153

0 McKleroy Ave #36 PPIN 26093 3101 McKleroy Ave PPIN 26095

3029 McKleroy Ave PPIN 26239 3025 McKleroy Ave PPIN 26240

3024 McKleroy Ave PPIN 26198 3028 McKleroy Ave PPIN 26199

3030 McKleroy Ave PPIN 26231 0 A St rear #21 PPIN 63467

20 South Christine Ave PPIN 63544 0 22nd St #57 PPIN 56532

1804 West 22nd St PPIN 56669 1800 West 22nd St PPIN 56670

1701 West 22nd St PPIN 56439 531 D St PPIN 66262

533 D St PPIN 66263 535 D St PPIN 66264

227 Grant Ave PPIN 66285 228 Grant Ave PPIN 66287

225 Grant Ave PPIN 66288

RESOLUTION NO. 12-R- ____

A RESOLUTION REAPPOINTING MEMBER(S) TO THE ANNISTON MUSEUM

COMPLEX BOARD

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

Section 1. That the following be and they are hereby reappointed to the Anniston

Museum Complex Board:

Members Ward Term Expiration Date

Bobby Wingo 1 April 30, 2016

Jimmie Grady 2 April 30, 2016

Anna Washington 3 April 30, 2017

Section 2. That the following be and she is hereby appointed to the unexpired

term of Barry Robertson:

Bess Valient 1 April 30, 2014

Section 3. That the City Clerk shall cause a copy of this Resolution to be mailed

to the above named appointee and to said board.

PASSED AND ADOPTED on this the _____ day of July 2012


ANNISTON, ALABAMA

BY:____________________________________


BY:____________________________________


BY:____________________________________


BY:____________________________________


BY:____________________________________


ATTEST:

__________________________


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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 attorney’s 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 Councilman’s 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 Spain’s case his defense should be covered under the City’s policy of insurance and

whether recoupment or reimbursement are due based upon the insurance contract.

DONE and ORDERED this ____ day of _____________, 2012.


ANNISTON, ALABAMA

BY:______________________________


BY:______________________________


BY:______________________________


BY:______________________________


BY:______________________________


ATTEST:

_________________________


MOTIONS

July 10, 2012 – Formal Agenda

Documents

Transcript of July 10, 2012 – Formal Agenda