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

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:

-1-

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

-2-

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

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-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.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Council Member ATTEST:

Alan B. Atkinson, City Clerk

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 Public Service Agencies World Changers-Minor Home Repairs

$103,016 $ 77,262 $ 20,000

Owner-Occupied Rehabilitation Loan Rental Housing Rehabilitation Loan Emergency Home Repair Deferred Loan Down Payment Assistance-IDA Program Total

$100,000 $ 15,000 $189,800 $ 10,000 $515,078

2012 Budget for HOME: Administrative Expenses Community Development Housing Organization New Construction-Single Family New Construction-Multi-Family Owner-Occupied Single Family Rehab Loan Home/Property Acquisition Down Payment Assistance Total

$ 31,874 $ 47,811 $145,056 $ 5,000 $ 25,000 $ 60,000 $ 4,000 $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.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Council Member ATTEST:

Alan B. Atkinson, City Clerk

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.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member ATTEST:

Alan B. Atkinson, City Clerk

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.

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 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 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