Download - 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 General’s 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 department’s 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 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.

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.


ANNISTON, ALABAMA

BY: ____________________________________


BY: ____________________________________


BY: ____________________________________


BY: ____________________________________


BY: ___________________________________


ATTEST:

______________________________


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 PPIN 67315 1727 Front St PPIN 67316

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

304 Pyle Ave PPIN 67253 411 Church St PPIN 68512

830 Quail Drive 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

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

225 Grant Ave PPIN 66288

RESOLUTION NO. 12-R-___

A RESOLUTION AMENDING THE ANNISTON/CALHOUN COUNTY HOME CONSORTIUM

THREE YEAR HOME CONSOLIDATED PLAN FOR PROGRAM YEARS 2009 – 2011

WHEREAS, the Anniston/Calhoun County HOME Consortium wishes to amend its three year HOME

Consolidated Plan for program years 2009-2011 to extend its applicability to include program year 2012,

and

WHEREAS, by amending the HOME Consolidated Plan to cover an additional (fourth) year, it will

require the preparation and future coverage period of the Anniston/Calhoun County HOME Consolidated

Plan to coincide with the schedule for the City of Anniston’s Consolidated Plan, thereby allowing for the

preparation of one Consolidated Planning document to cover both the HOME Consortium and the City of

Anniston, and

WHEREAS, the adoption of this amendment does not affect the applicability of the City of Anniston’s

existing Consolidated Plan which covers the use of Community Development Block Grant (CDBG) funds

through the 2012 program year, and

WHEREAS, the City of Anniston is authorized by the Anniston/Calhoun County HOME Consortium to

act in a representative capacity for all member units of local governments.

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

Anniston/Calhoun County HOME Consortium’s 2009-2011 Consolidated Plan, including any previous

amendments made to said Plan, is hereby amended to extend its coverage and applicability to include the

2012 program year Annual Action Plan that begins on October 1, 2012 and ends on September 30, 2013.

PASSED AND ADOPTED this the ___ day of ___________________, 2012.


ANNISTON, ALABAMA






ATTEST:


RESOLUTION NO. 12-R-____

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

WHEREAS, the City of Anniston is a recipient of entitlement grant funding under the Community

Development Block Grant (CDBG) program of the U.S. Department of Housing and Urban Development

(HUD); and

WHEREAS, the receipt of said entitlement grant funds under the CDBG program requires the adoption of

an Annual Action Plan that is consistent with the City’s Five-year Consolidated Plan and which outlines a

plan and budget for the use of said funds; and

WHEREAS, the Anniston/Calhoun County HOME Consortium, a voluntary consortium of general local

governments within Calhoun County, is qualified to receive funding from the Home Investment

Partnerships Program (HOME) of HUD; and

WHEREAS, the Consortium, in order to receive said HOME funds, is required to adopt and submit an

Annual Action Plan that is consistent with the Consortium’s Consolidated Plan and which outlines a plan

and budget for the use of said funds; and

WHEREAS, the City of Anniston is authorized by the Anniston/Calhoun County HOME Consortium to

act in a representative capacity for all member units of local governments; and

WHEREAS, the City’s Community Development Department has drafted and prepared a joint 2012

Program Year Annual Action Plan covering the planned use of both CDBG and HOME funds for the

period from October 1, 2012 to September 30, 2013, and has submitted it for public review and comment

consistent with the Citizen Participation Plan; and

WHEREAS, HUD estimates that the City of Anniston will receive CDBG entitlement funds in the

amount of $515,078 during program year 2012 and the Anniston/Calhoun County HOME Consortium

will receive HOME funds in the amount of $318,741 during program year 2012; and

WHEREAS, the recipient of such funds is required to certify compliance with certain applicable statutes

and their implementing regulations which include in part such things as Affirmatively Furthering Fair

Housing, Anti-displacement and Relocation, Drug Free Workplace, Anti-Lobbying, Citizen Participation,

Excessive Force Policy, Anti-discrimination, Lead-Based Paint, Environmental , Analysis of

Appropriate Financial Assistance, and other requirements.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Anniston, that the joint 2012

Program Year Annual Action Plan is hereby adopted with the following budgets:

2012 Budget for CDBG:

Administrative Expenses $103,016

Public Service Agencies $ 77,262

World Changers-Minor Home Repairs $ 20,000

Owner-Occupied Rehabilitation Loan $100,000

Rental Housing Rehabilitation Loan $ 15,000

Emergency Home Repair Deferred Loan $189,800

Down Payment Assistance-IDA Program $ 10,000

Total $515,078

2012 Budget for HOME:

Administrative Expenses $ 31,874

Community Development Housing Organization $ 47,811

New Construction-Single Family $145,056

New Construction-Multi-Family $ 5,000

Owner-Occupied Single Family Rehab Loan $ 25,000

Home/Property Acquisition $ 60,000

Down Payment Assistance $ 4,000

Total $318,741

BE IT FURTHER RESOLVED that the City Manager be, and hereby is, authorized to apply for these

CDBG and HOME funds by submission of said Annual Action Plan to HUD, and to execute all other

documents, forms, agreements, certifications, assurances, or reports that may be requested by HUD in

relation to said Plan, and to undertake all actions and steps that may be necessary to complete the Plan.

PASSED AND ADOPTED this the ___ day of ___________________, 2012.


ANNISTON, ALABAMA






ATTEST:


RESOLUTION NUMBER 12-R-__

A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE MUNICIPAL

ELECTION ON AUGUST 28, 2012, AND, IF NECESSARY, THE RUN-OFF

ELECTION ON OCTOBER 9, 2012

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

Section 1. The following individuals whose names appear after each voting location shall

act and serve as election officials in the capacity herein designated for the Municipal

Election for Council Members and Board of Education Members to be conducted on

August 28, 2012, and, if necessary, for the “Run-Off” Election on October 9, 2012.

ELECTION OFFICIALS

ANNISTON MUNICIPAL ELECTION 2012

WARD 1

Anniston Calhoun County Health Department

3400 McClellan Boulevard, Anniston, AL

Mary Sides, Inspector

G. Coke Williams, Clerk

Lois Tosney, Clerk

James Jumper, Clerk

Anne E. Brown, Clerk

First Presbyterian Church

1701 Henry Road, Anniston, AL

Gail Dorman, Inspector

Bertha Sloan, Clerk

June M. Allred, Clerk

Louise Stedham, Clerk

M. Ann Sprayberry, Clerk

Bobby Wingo, Clerk

Doris Smith, Clerk

WARD 2

Moore Avenue Church of Christ

2200 Moore Avenue, Anniston, AL

Marie Heath, Inspector

Fred Fomby, Clerk

Elana Mason, Clerk

Lottie Washington, Clerk

Deborah Ingram, Clerk

Mary L Fomby, Clerk

Loree Wilson, Clerk

Carver Community Center

720 West 14th

Street, Anniston, AL

Elbert Goodman, Inspector

Eddie Lee Paige, Clerk

Gwendolyn Murphy, Clerk

Jeanne C. Williams, Clerk

Cynthia Rouse, Clerk

Wiggins Community Center

220 West 17th

Street, Anniston, AL

Willie Yarbrough, Inspector

Fred Wilson, Clerk

Gertrude Seals, Clerk

Helen Copeland, Clerk

Carol Yarbrough, Clerk

WARD 3

South Highland Community Center

229 South Allen Avenue, Anniston, AL

Cora Snodgress, Inspector

Annie Lee Adams, Clerk

Sophia Clay, Clerk

Alberta Bell, Clerk

Carolyn Yates, Clerk

James Edmondson, Clerk

Evonne Snodgress, Clerk

Anniston Meeting Center

1615 Noble Street, Anniston, AL

Betty Jane Daugherty, Inspector

Sarah Reaves, Clerk

Negretta Wilson, Clerk

Vernell Peoples, Clerk

Rosetta Teague, Clerk

Louise Stephens, Clerk

Deborah Reaves, Clerk

WARD 4

Anniston Country Club

601 Highland Avenue, Anniston, AL

Sarah Ballard, Inspector

Sara F. Starling, Clerk

Neal Ballard, Clerk

Roberta Cooper, Clerk

Lisa Huckaby, Clerk

John Triplett, Clerk

Hodges Community Center

1325 Spring Valley Road, Anniston, AL

Angela McVeigh, Inspector

Stephanie O’Dell, Clerk

Linda West, Clerk

Roy F. Sheffield, Clerk

Dian Pepe, Clerk

Edna Traywick, Clerk

Anita Heiland, Clerk

Mattie Kirby, Clerk

Louise C. Ogle, Clerk

Gail Sheffield, Clerk

Martha Grizzard, Clerk

Jacinta Patrece Tillery, Clerk

Nancy Gregory, Clerk

Section 2. In addition to the election officials hereinabove appointed, the City Council

does hereby appoint the following for the positions indicated as polling officials for the

absentee boxes in the City.

ABSENTEE BOX

Stephanie Slone, Inspector

Elmyra Jackson, Clerk

Jacqueline Brown, Clerk

Peggy Smedley, Clerk

Charlotte Slone, Clerk

Latanya Garrett

Section 3. That the compensation for said election officials shall be $175.00 for

Inspectors and $125.00 for all other election officials per day for the Municipal Election

for Council Members and Board of Education Members to be conducted on August 28,

2012, and, if necessary, for the “Run-Off” Election on October 9, 2012.

Section 4. The City Clerk is hereby directed to publish a list of the polling places and the

polling officials in The Anniston Star in accordance with law.

PASSED AND ADOPTED this ____ day of ___________, 2012.


ANNISTON, ALABAMA





Marcus L. Dunn, Sr., Council Member

ATTEST:


RESOLUTION NUMBER 12-R-________

A RESOLUTION AUTHORIZING AN ATTORNEY GENERAL’S OPINION ON

WHETHER OR NOT A COUNCIL MEMBER MAY VOTE ON PENDING

MATTERS

WHEREAS, Civil Action No. CV-2011-341 (attached hereto as Exhibit A) was

filed in the Circuit Court of Calhoun County, Alabama by the Anniston Fraternal Order

of Police Lodge #4 against then Councilman John Spain and Councilman Benjamin

Little; and

WHEREAS, said civil action included a specific claim alleging violation of the

Open Meetings Act against both defendants; and

WHEREAS, Civil Action No. CV-2011-341 has been dismissed against former

Councilman John Spain; and

WHEREAS, former Councilman John Spain has made claim for a legal defense

and/or reimbursement for cost of a legal defense to the Open Meetings Act claim against

him; and

WHEREAS, the Code of Alabama Section 36-25A-9 states: 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; and

WHEREAS, the Council has before it the question on whether or not to pay for

the legal defense of former Councilman John Spain; and

WHEREAS, the Council wishes to determine the legal eligibility for voting on

any motion or resolution for payment or reimbursement of former Councilman John

Spain’s legal defenses; and

WHEREAS, the lawyer for former Councilman John Spain is also lawyer for

Councilman Benjamin Little in the same litigation; and

WHEREAS, former Councilman Spain has submitted a claim for reimbursement

for legal fees which were allocated and itemized to his defense separate, apart and

independent of the cost of defense of Councilman Little.

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

Anniston as follows:

Section 1. That an Attorney General’s opinion be requested on the foregoing

facts as to whether Councilman Benjamin Little can vote on a motion to reimburse

counsel he shares with former Councilman John Spain for legal fees and costs allocated

for Councilman Spain’s defense.

Section 2. That the nature and character of the question include:

1. Whether Council Member Benjamin Little can vote on matters pertaining to

the Police Department?

2. If Council Member Benjamin Little can vote on the legal bill for former

Council Member John Spain.

DONE and ORDERED this _____ day of _______________, 2012.


ANNISTON, ALABAMA

BY:______________________________


BY:______________________________


BY:______________________________


BY:______________________________


BY:______________________________


ATTEST:

_________________________


RESOLUTION NO. 12-R-___

A RESOLUTION ASKING THE ANNISTON, ALABAMA 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 DEPARTMENT’S

CURRENT RANKS.

WHEREAS Act 1953-592 (as amended), known as the Anniston Civil Service Act,

allows the Civil Service Board to specify the procedures and parameters to

be imposed on the City in many of its personnel practices; and

WHEREAS Section 2 (b) 5 of Chapter VIII of the Rules and Regulations promulgated

according to the Anniston Civil Service Act specifies that promotion to the

rank of Chief will only be open to “Any member of the Anniston Fire

Department with the permanent rank of Assistant Chief”; and

WHEREAS the City Council of the City of Anniston, Alabama, considers the ability to

recruit eminently qualified and experienced officers for its senior

leadership position from either within or beyond the current corps of

Captains to be important in the advance of professionalism in the

department;

NOW THEREFORE be it resolved by the City Council of the City of Anniston,

Alabama, in regular session convened, that the Anniston Civil Service

Board be and it is hereby requested to revise Section 2 (b) 5 of Chapter

VIII of its Rules and Regulations to read as follows:

CHAPTER VIII. PROMOTIONS

Section 2. Fire Department

* * *

(b) The following scale of eligibility must be followed in

determining eligibility for promotion:

* * *

5. Promotion to Chief – Any member of the Anniston Fire

Department with the permanent rank of Assistant Chief or a high

ranking officer of a fire department in a city the total population

of which is comparable Anniston’s.

PASSED AND ADOPTED this _____ day of _______________, 2012


ANNISTON, ALABAMA

BY:


BY:


BY:


BY:


BY:


ATTEST:
