july 10, 2012 – formal agenda
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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
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 607 West 21st Place PPIN 20209
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
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
- 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
MOTIONS
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