HomeMy WebLinkAbout05-30-2018 Planning Commission Special Meeting MinutesMay 30 , 2018
Planning Commission Minutes -Special Meeting
The Planning Commission held a Special Meeting on Wednesday , May 30 , 2018 at 5:00
PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairperson; Art Dyas; Rebecca Bryant; Charles Johnson; Richard
Peterson; Ralph Thayer; Hollie MacKellar; Jack Burrell, Council President; Buford King,
Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney
Absent: Tim Simmonds; Jay Robinson; Wayne Dyess, Planning Director
Chairman Turner called the meeting to order at 5:06 PM.
Mr. Watson made a Declaration and Opinion in compliance with Section 36-25A-7(3) of
the Code of Alabama (1975) calling for an executive session to discuss with their attorney
the legal ramifications of and legal options for pending litigation, controversies not yet
being litigated but imminently likely to be litigated or imminently likely to be litigated if
the governmental body pursues a proposed course of action, or to meet or confer with a
mediator or arbitrator with respect to any litigation or decision concerning matters within
the jurisdiction of the governmental body involving another party, group, or body. Prior
to voting to convene an executive session under this exception the governmental body
shall receive a written opinion or oral declaration reflected in the minutes from an
attorney licensed to practice law in Alabama that this exception is applicable to the
planned discussion. Such declaration shall not otherwise constitute a waiver of the
attorney-client privilege. Notwithstanding the foregoing, if any deliberation begins
among the members of the governmental body regarding what action to take relating to
pending or threatened litigation based upon the advice of counsel , the executive session
shall be concluded and the deliberation shall be conducted in the open portion of the
meeting or the deliberation shall cease.
Art Dyas made a motion to close the public meeting and enter executive session. Ralph
Thayer 2 nd the motion and the motion carried unanimously with the following roll call
vote: A YE-Art Dyas, Rebecca Bryant, Charles Johnson, Ralph Thayer, Lee Turner,
Hollie MacKellar, and Richard Peterson. NAY -none.
The Commission left the dais at 5 :08.
The Commission returned to the dais at 6:42.
Art Dyas made a motion to reconvene the public meeting at 6:43 PM. Ralph T Thayer
2nd the motion and the motion carried unanimously with the following roll call vote: A YE
-Art Dyas, Rebecca Bryant, Charles Johnson, Ralph Thayer, Lee Turner, Hollie
MacKellar, and Richard Peterson. NAY -none.
Pursuant to discussion in the executive session regarding SD 18.21 Old Battles Place,
Phase 2, Art Dyas made a motion to authorize Ken Watson , City Attorney, to respond to
the plaintiffs attorney's letter of intent, state concerns, and to discuss possible ways to
proceed with the other attorney without having to wait 6 months. Ralph Thayer 2nd the
motion and the motion carried unanimously with the following vote: A YE -Art Dyas ,
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May 30 , 2018
Planning Commission Minutes -Special Meeting
Rebecca Bryant, Charles Johnson, Ralph Thayer, Lee Turner, Hollie MacKellar, and
Richard Peterson. NAY -none.
Having no further business, Ralph Thayer made a motion to adjourn. Richard Peterson
2nd the motion and the motion carried unanimously. The meeting was adjourned at 6:45
it d
Lee Turner, Chairman
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