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

ATTEST: ______________________________ Alan B. Atkinson, City Clerk

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

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 Bobby Wingo Jimmie Grady Anna Washington

Ward 1 2 3

Term Expiration Date April 30, 2016 April 30, 2016 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

RESOLUTION NUMBER 12-RA 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-2011900341; 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 3625A-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:

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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

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MOTIONS