ATTORNEY GENERAL MARSHALL FILES SUIT AGAINST CITY OF BIRMINGHAM AND MAYOR WILLIAM BELL FOR VIOLATING ALABAMA MEMORIAL PRESERVATION ACT

 

(MONTGOMERY) – Attorney General Steve Marshall announced Wednesday that his office has filed suit in Jefferson County Circuit Court against the City of Birmingham and Mayor William Bell for violating state law by constructing barriers to deliberately obscure a historically significant monument in Linn Park.

“In accordance with the law, my office has determined that by affixing tarps and placing plywood around the Linn Park Memorial such that it is hidden from view, the Defendants have ‘altered’ or ‘otherwise disturbed’ the memorial in violation of the letter and spirit of the Alabama Memorial Preservation Act,” said Attorney General Marshall.  “The City of Birmingham does not have the right to violate the law and leaves my office with no choice but to file suit.”

The Alabama Memorial Preservation Act, passed by the Alabama Legislature and signed into law in 2017, prohibits the relocation, removal, alteration, renaming, or other disturbance of any architecturally significant building, memorial building, memorial street, or monument located on public property which has been in place for 40 or more years.  The Confederate Soldiers & Sailors Monument in Linn Park, which was dedicated in 1905, is older than the Jefferson Memorial in Washington, DC.

CITY OF DOTHAN DEVELOPMENT FORUM

 

 

On Friday, August 18, 2017, the City of Dothan will host a Development Forum dedicated to topics that affect our local development community.  This forum is open to anyone interested in the land development processes of the City, and it is highly encouraged that local home builders, land developers, engineers, architects, lenders and real estate professionals attend. Discussions will focus on recent regulatory and policy changes, and their effect(s) on navigating the development process. The forum will also solicit input from the attendees on how to improve the City’s processes.

 

This free event will be held at the Dothan Opera House from 9:00 am to noon.  Please feel free to contact the Planning and Development Office at (334) 615-4410 for further information.

 

Agenda

 

  • 9:00 a.m. – Welcoming Statement from Mayor Mike Schmitz.
  • 9:15 a.m. –  Development Process Survey Results, Todd McDonald, Director of Planning & Development
  • 9:45 a.m. –  Adoption of 2015 International Building Code, Craig Scurlock, Building Official
  • 10:15 a.m. –  Sanitary Sewer CAP (Capacity Assurance Program) Discussion, Tonny Peters, Consultant, Barge, Waggoner, Sumner & Cannon
  • 10:45 a.m. – Break
  • 11:00 a.m. – Q&A
  • 12:00 p.m. – Close

CHECK FRAUD SUSPECT SOUGHT

A suspect entered Winn Dixie in DeFuniak Springs recently and paid for a gift card, flowers, and a greeting card with a fraudulent check. The manager advised this incident was repeated at several other stores around the area by the same subject.  If you recognize this man, please contact Detective Jonathan Rockett at 850-892-8513.  Callers may also remain anonymous by calling our TIPS line at 850-910-TIPS(8477).

AGENDA CITY COMMISSION MEETING DOTHAN, ALABAMA 10:00 A.M., August 15, 2017

1.
Invocation: Pastor Stephen Russell – Central Baptist Church

2.
Pledge of Allegiance: Commissioner Crutchfield

3.
Roll Call: Schmitz__Dorsey__Newsome__Kirkland__Ferguson__Kenward__Crutchfield__

4.
Approval of Previous Minutes:

• Minutes of Meetings of August 1 and August 8, 2017.
5.
Communications from Mayor and City Commissioners:

6.
Communications from City Manager:

7.
Communications from City Clerk:

8.
Ord. No._________Authorizing the issuance of the City’s General Obligation Warrant in the aggregate principal amount of $17,000,000 to fund a portion of the costs of construction, equipping and providing a regional public safety training facility.

9.
Res. No._________Confirming the cost incurred in notification and abatement of certain properties determined to be nuisances by Resolution Number 2017-195 and 2017-213 and turning the costs over to the County Tax Collector so that the amounts can be added to the next regular bills for taxes levied against the respective lots and parcels of land.

10.
Res. No._________Entering into an agreement with Wiregrass Rehabilitation Center, Inc., to provide maintenance services at an annual cost of $465,206.79 (plus approximately $17,000.00 per year for Rip Hewes Stadium Cleanup).

11.
Res. No._________Submitting a grant application in the amount of $10,000.00 to the Alabama Department of Economic and Community Affairs (ADECA) through an Energy-Efficient Retrofits of Local Governments and Non-Profit State Energy Program for assistance to upgrade the lighting in the general parking and other areas at Westgate Recreation Center and Water World.

12.
Res. No._________Submitting a grant application in the amount of $20,000.00 to the Alabama Department of Economic and Community Affairs (ADECA) through an Energy-Efficient Retrofits of Local Governments and Non-Profit State Energy Program for assistance to upgrade the lighting in the general parking and other areas at Cypress Creek Waste Water Treatment Plant.

13.
Res. No._________Awarding the bid, entering into a contract and issuing a Notice to Proceed and other related documents to Video Industrial Services, Inc. for the Omussee/Little Choctawhatchee Rehab Project for the sum of $142,900.00, and appropriating funds for said project.

14.
Res. No._________Entering into a permit agreement with the Alabama Department of Transportation to lower three (3) sections of water main on development lot to avoid construction conflicts, install one (1) tee and valve to serve fire hydrant, and install one (1) tap and water service for irrigation for expansion of existing Bama RV business on Montgomery Highway.

15.
Res. No._________Entering into a Private Development Agreement with Tripod Properties, LLC for a 2” tap and meter bank with meters installed off right-of-way at Riverwood Centre, located at 2411 Hartford Highway Suites #1-4 in Dothan, AL.

16.
Res. No._________Awarding the bid, entering into a contract and issuing a Notice to Proceed and other related documents to L & K Contracting Company for the South Appletree Street Watermain Replacement for the sum of $646,960.00, and appropriating funds for said project.

17.
Res. No._________Amending the agreement with the U.S. Department of Justice through the United States Marshals Service, approved by Resolution No. 2017-20, to adjust the funding amount of $11,500.00 to $12,500.00 for reimbursement of overtime costs for officers working Gulf Coast Regional Fugitive Task Force cases, and appropriating funds for said costs.

18.
Res. No._________Amending the agreement with the Federal Bureau of Investigation, approved by Resolution No. 2014-244, to include a one-time funding for equipment purchases in Fiscal Year 2017 not to exceed $1,520.00, and appropriating funds for said purchase.

Documents:

  1. Agreement FBI.pdf
19.
Res. No._________Accepting a grant award from the Federal Bureau of Investigation for reimbursement of overtime expenditures related to the Central Alabama Safe Streets Task Force in the amount of $17,375.00, and appropriating funds for said grant.

20.
Res. No._________Entering into a Memorandum of Agreement with the United States Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for reimbursement of overtime and other costs incurred while providing resources to assist ATF in an amount not to exceed $15,372.00 from 2017-2020 annually, and appropriating funds for said costs.

21.
Res. No._________Applying for and accepting funding from the PetSmart Charities Emergency Relief Grant in the amount of $4,095.00 to be used to assist in spay and neuter cost for 57 seized dogs.

22.
Res. No._________Approving payment of invoices for the month of July, 2017 in the amount of $15,729,687.09.

Documents:

  1. Invoices.pdf
23.
Res. No._________Approving other purchases over $15,000.00 by the City, and appropriating funds for said purchases.

24.
Res. No._________Approving advance travel requests for City employees.

25.
Adjournment.

BCA leaves out two state officials from Governmental Affairs Conference

Point Clear, Ala. – In addition to 17 members of the state legislature, two state officials were kept out of the annual Governmental Affairs Conference of the Business Council of Alabama. Both omitees have the same last name — Zeigler.
State Auditor Jim Zeigler is left out for the third year in a row, which is hitting 100% since he has been in office only 2 ½ years.
This time, Zeigler is joined on the don’t-come-list by the newest member of the State Board of Education.  Her name is Jackie Zeigler, Jim Zeigler’s wife of 25 years.  Jackie represents District one, seven counties of southwest Alabama.
Hundreds of officials and political operatives will gather at the Grand Hotel in Point Clear, Alabama Friday for the weekend-long conference. State officials are typically invited, but an exception seems to have been made for both Zeiglers.
Jim Zeigler jokingly said: “Maybe they were going in alphabetical order and ran out of invitations before they got to the Z’s.”
Mrs. Zeigler won the Republican runoff last year with a stunning 62% to 38% over Bentley-appointed incumbent Matt Brown.  Brown was supported by about $220,000 of out-of-district campaign contributions from BCA and their friends. They wasted their money.
A week after Mrs. Zeigler upset the Bentley appointee in the Republican runoff, the Democratic nominee withdrew and endorsed Mrs. Zeigler.  He was former Pritchard Mayor Ron Davis.
Davis said in his withdrawal statement:
“Back in Nov. when I qualified as a Democrat for State School Board my goal was to see Alabama education rise to one of the nation’s best. I believe Mrs. Zeigler’s record and passion for education will help improve our State in Education.”

“I wear it as a badge of honor when I am left out of things by Montgomery Insiders,” Jim Zeigler said Wednesday. “I have been left out of meetings, polls, political analyses, and campaign contributions.”
Zeigler said he would like to go to the BCA conference as a speaker rather than as an attendee. “I could explain to them some things that are wrong in state government and how they need to be part of the solution instead of part of the problem.”
Mrs. Zeigler took her seat on the SBOE February 9.  She was long-time Principal of award-winning Mary B. Austin Elementary School in Mobile’s Spring Hill neighborhood. Her school won the National Blue Ribbon Award of Excellence. She had been teacher and Principal of Dauphin Island’s “Little Red School House” during the years the bridge to the island was out due to Hurricane Frederick

Friends of the Library August 2017 Book Sale

The Friends of the Library will host a book sale at the Downtown Library Community Room on Thursday, August 24 through Saturday, August 26, 2017. Thursday will be a Preview Sale from 5:00 p.m. to 7:30 p.m. Nonmembers who would like to shop at the Preview Sale may join the Friends of the Library for $5 at the preview event.

There will be gently used hardback and paperback books on a large number of subjects and lots of fiction books. Hardback books are $2.00 each and paperback books are $1.00 each. All children’s books are $.50 each. Customers can stuff a large brown grocery sack full of books and materials for $20.00.

Book sale hours on Friday will be 10:00 a.m. to 5:30 p.m. and Saturday from 10:00 a.m. to 4:30 p.m.

Dothan Native Completes Capitol Hill Internship with Senator Shelby

U.S. Senator Richard Shelby (R-Ala.) today announced that Libby Hufham of Dothan, Alabama, completed an internship this summer in his Washington office.

During Hufham’s time on Capitol Hill, she researched legislation, conducted tours of the U.S. Capitol building, and attended hearings on various issues important to Senator Shelby. She also had the opportunity to assist constituents on a daily basis with various inquiries.

“The Congressional Internship Program provides students with a truly unique experience,” said Senator Shelby. “First-hand involvement in our nation’s legislative process provides these students with a realistic view of countless topics of study found in the classroom. I have no doubt that each of these students will go on to achieve great things.”

Hufham, the daughter of Paul Hufham and Susannah Cripps Daughtry, is a senior at the University of Alabama majoring in history and political science. She is currently Vice President of Administration of the Alabama Pre-Law Student Association, Assistant Director of Alumnae Relations for the Student Government Association, Vice President of Academic Achievement of Sigma Alpha Lambda Honor Society, and a member of Delta Delta Delta Sorority. Hufham considers her greatest achievement of her three years at the University of Alabama to be making the Academic Dean’s List for the past five semesters. She is excited to be pursuing a degree where she is given the opportunity to study topics she is passionate about, such as public policy, politics, and the law.

“This internship has been a unique experience that has provided me with life-long friendships, professional connections, and legislative knowledge,” said Hufham. “I cannot thank Senator Shelby and his amazing staff enough for this incredible opportunity to learn about Congress and Capitol Hill. I hope all Alabamians know how fortunate we are to have such an outstanding Senator representing us in our nation’s capital.”

Senator Shelby’s Congressional Internship Program is open to students who exhibit an interest in government and public service.

Zeigler Trains for Field Auditing on Speaker of the House

Montgomery, Ala. –  The first training session for State Auditor Jim Zeigler was Tuesday, as he trains to personally conduct field audits of state agencies.

The State Auditor’s staff inventories state property items worth over $500 in 175 state agencies.   That totals $1.1 billion in state property.

Zeigler says his budget has been cut 28.5% in the 2 ½ years he has been in office, requiring him to cut his employees from eleven to five.

“We are now current on all state audits, but just barely.  When the next cuts go into effect Oct. 1, we will be unable to keep up.  That is why I decided to train and add to my other duties the actual field auditing.”

“People had suggested I go to a small, little-known state agency for my training.  But the first agency up for a regularly-scheduled audit happened to be the Speaker of the House, so that is where I went first,” Zeigler said Tuesday after finishing the first phase of the audit of the Speaker’s office.

“We were looking for 50 items of state property.  We found 49, missing one printer.  It may have been moved to another office, so the staff there is looking for it.  Hope we can update it to reflect a perfect audit.”

 “It took only an hour and 45 minutes to audit the speaker’s offices, which are mostly in the State House.  There is also the historic speaker’s office in the state capitol.”

“Speaker Mac McCutcheon came in from Huntsville while we were finishing up the audit, and I talked to him.  I had let him know last week that I would be in his offices, and why.”

“We had not anticipated any problems in the Speaker’s offices, and there were not any surprises.”

“I will continue to train with a professional auditor.  At some point, I will be on my own and will hit the road by myself.  I can make up for one of three auditors that we have lost as my budget was cut.”

In addition to cutting staff, Zeigler says he saved on expenses when he personally declined to take his:  State insurance, state vehicle, state laptop, state cell phone, and any expense reimbursement.

“I have not expensed a penny to the state.  I simply paid it all myself.”

AG MARSHALL GIVES UPDATE ON INVESTIGATION INTO EVIDENCE MISSING FROM SELMA POLICE DEPARTMENT

 

(MONTGOMERY)—Attorney General Steve Marshall today provided an update regarding a joint federal-state investigation into current and former employees of the Selma Police Department. Charges have been brought against three people, including a former Selma police employee. The public is asked to continue to watch for missing guns that may be related to this matter.

Adrianne Michelle Canterbury, a former Selma police evidence technician, is charged with first-degree theft of property and an ethics law violation. Candice Byrum is charged with second-degree receiving stolen property and Richard Alan Canterbury is charged with first-degree receiving stolen property. The cases were bound over to go to grand jury after the Dallas County District Court found probable cause to support the charges, which were previously brought by warrant.

The investigation is still ongoing. It is a joint operation of the Alabama Attorney General’s Office, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Federal Bureau of Investigation.

The investigation arose from reports of missing items from the Selma Police Department vault. Among the items missing are guns that have been confiscated as evidence in criminal cases. Authorities caution that if consumer is considering a gun purchase, or has purchased a gun and is concerned that it may be related to this matter, they should contact the ATF and E Hotline at 1-800-283-4867. Also, people may provide information to the ATF phone app, Reportit.  It is advised that, due to the high number of stolen firearms in commerce, the public should be aware that if they are planning to make any purchases via the internet or through third parties, they could be buying a stolen firearm.

ATF is the only law enforcement agency that can determine if a gun came from the Selma Police Department.  Previous news reports stating that all suspected guns had been recovered are incorrect.

No further comment or additional information may be provided at this time.

LifeSouth Community Blood Centers, Inc. Weekly Blood Drives August 7th-August 13th

Monday, August 7th

Max Fitness of Dothan from 3pm-7pm

Smoothie King of Dothan from 10am-2pm

Rite Aid of Andalusia from 11am-6pm

Donor Center open from 9am-7pm

 

Tuesday, August 8th

Walmart of Ozark from 10am-6pm

Walgreens of Enterprise from 12noon-5pm

 

 

Donor Center open from 9am-7pm

 

Wednesday, August 9th

Westgate Church of Christ Dothan from 4pm-8pm

Ino Baptist Church of Kinston from 4pm-8pm

Dale Co DHR of Ozark from 10:30am-2:30pm

Donor Center open from 9am-5pm

 

Thursday, August 10th

City of Dothan Utilities from 8:30am-3pm

Walmart of Montgomery hwy Dothan from 11am-6pm

Donor Center open from 9am-5pm

 

 

Friday, August 11th

Dothan Surgery Center from 8am-2:30pm

Wells Fargo of Northside Dothan from 9:30am-4pm

Donor Center open from 9am-5pm

 

Saturday, August 12th

Michelin of Midland City from 9am-1pm

Walgreens of Montg Hwy Dothan from 1pm-5pm

C&H Auto Sales of Daleville from 9am-3pm

Donor Center open from 10am-3pm

 

Sunday, August 13th

Walmart of Enterprise from 10am-5pm

Walmart of Eufaula from 10am-4pm

Donor Center Open from 1pm-5pm

FEET AWAY; MAN IN CUSTODY AFTER SHOOTING INTO NEARBY HOME WITH CHILDREN INSIDE

 

 

For Immediate Release

August 3, 2017 

Santa Rosa Beach, Fla—A man fires a shotgun into a neighboring home with children inside. Now, he’s behind bars at the Walton County Jail.

Ian Thomas Allen, 49, fired a .12 gauge shot gun numerous times from his second floor balcony on 101 Dogwood Street into a neighboring residence during a drunken rage. The window that was struck at 282 West Grove Avenue is just feet from where two children were asleep in a bedroom.

The incident was reported to WCSO at 8:15am when the residents of the home woke up and noticed the damages to the window. Deputies then made contact with Allen who admitted to firing the shot gun several times sometime between 11pm and midnight while intoxicated.

“There were higher powers at work here protecting those children,” said Sheriff Michael Adkinson. “We are grateful no one was injured.”

Allen was subsequently arrested and charged with shooting into an occupied dwelling and reckless discharge.

Yard Party For Art

The Wiregrass Museum of Art’s annual Yard Party for Art, a fundraiser for arts education, will be held on the lawn of the museum on Saturday, August 12th. YPA 2017 offers an energetic lineup of live, original music from regional musicians, interactive art installations, yard games, great drinks, delicious food from local food trucks, and a chance to kick off your shoes and dance the night away at a one-night music festival — all to support art in our community!

Join us Saturday, August 12th, for performances by Young NativesKick the RobotKyshona Armstrong, and The Old Paints!

Come hungry and thirsty with friends!  Dothan’s own Folklore Brewery and Cheers! Bar service will have ice-cold beer and other beverages available.  Dothan’s favorite food trucks will be lined up to offer crowd-pleasing snacks and dinner all night long.

Harley’s Landing, a pop-up restaurant, will provide an outstanding menu for our JM Wood Auction Company Gold Plate Dinner, which features fresh Gulf seafood, gourmet sides, and a refreshing summer dessert. Gold Plate tickets, which include dinner at The Depot Off Main and admission to the concert, are $75. Seats are limited and will go fast. To make Gold Plate reservations, call WMA at 334-794-3871.

Doors open at 6pm and the music starts at 6:30! Advance general admission tickets available now for $15 at the link below and at WMA. Tickets will be $20 at the gate.

For more information, call the Wiregrass Museum of Art at 334-794-3871.

Must be 18  years or older to attend.

Millions Down the Drain

The City of Dothan has for several years now been spending millions upon millions of tax dollars to upgrade and correct what has been called 30 years of neglect. Past commissions and administrations have been blamed for not keeping up, not maintaining, and not being in compliance with the regulations when it comes to wastewater management. Now we find out that after spending some $100 million dollars to fix the problem we still can’t drink the water. Just about a month ago, the City agreed to enter into an agreement with the Attorney General and ADEM to correct even more deficiencies in the wastewater system. According to court documents obtained by WTOT a lawsuit filed by the AG last year has been settled in a Houston County Courtroom on the 17th of May, did you hear about it?

Well in case you missed it the City has agreed, without admitting any wrongdoing, that they in fact have been releasing polluted water, and still having sewer overflows all over the city. In an order issued by judge Michael Conaway on May 22, 2017 the City has agreed to make even more correction and upgrades. Englewood, Cherokee, South Oates, Foster Street, Rock Creek, and others which have already had some work done still need more to provide adequate wastewater removal. New, larger sewer lines and more upgrades at the wastewater treatment facilities themselves will be required by the order. The city had just 30 days to make some of the required corrections to the Omussee Creek plant, and just 90 days to complete and submitt an engineering plan for the rest of the court ordered improvements.

Now there have been lawsuits over this issue before going back to 2008, and the City has done alot of work already, but it seems this just never ends, and no one is held accountable. No department head, the city manager or elected official has been held responsible. Fingers have been pointed back at those no longer in charge, but many of the city employees that were there then are still there now.

2016.05.04_NOIS_Dothan_CRK

2016.05.04_NOIS_Dothan_EDA

2016.06.30 Jucicial Complaint

4004_AL0047465_069_05-22-2017_ELIT_MFC_PARTIAL_SETTLEMENT_38CV-2016-900281

Culp named director of Human Resources

Dothan, Ala. – Southeast Alabama Medical Center (SAMC) is pleased to announce Kecia Culp, PHR, SHRM-CP, has been named director of Human Resources.

 

Kecia has 18 years of Human Resources experience, the last 16 plus years at SAMC. She joined the SAMC Human Resources team in 2001 as a benefits specialist. Since then, she has continued to grow professionally within the Human Resources department; most recently she held the position of benefits manager.

 

Kecia earned a Bachelor of Science in Business Administration/Human Resources Management from Troy University in 2000. She graduated Summa Cum Laude. She is certified as a Professional in Human Resources (PHR) and the Society for Human Resource Management-Certified Professional (SHRM-CP).

 

Kecia, a 2011 SAMMY recipient, is a Henry County native. She and her husband, Chris, have three sons, Harrison, Judson and Sawyer. When she is not at work, Kecia enjoys spending time with her family, Auburn football and trips to the lake and the beach.

ADEM and City of Dothan Put on Notice

Lawyers representing the interests of citizens have informed the city of Dothan and ADEM of their intentions to proceed with filing suit against them because of violations committed in the process of expanding their landfill. The letter below explains:

LAW OFFICE OF
DAVID A. LUDDER
A Professional Limited Liability Company
June 19, 2017
Certified Mail-Return Receipt
No. 7008 1300 0001 2360 3718
Hon. Lance R. LeFleur, Director
Alabama Department of Environmental Management
P.O. Box 301463
Montgomery, AL 36130-1463
Certified Mail-Return Receipt
No. 7008 1300 0001 2360 3749
Mr. Phillip Davis, Chief
Alabama Department of Environmental Management
Land Division
P.O. Box 301463
Montgomery, AL 36130-1463
Re: Proposed Modification of City of Dothan Sanitary Landfill Permit No. 35-06
I represent Michael Del Vecchio and Bobby Lewis in regard to the above-referenced
matter.
On May 22, 2017, the Alabama Department of Environmental Management commenced
a 45-day public comment period and announced the scheduling of a public hearing on June 29,
2017 to receive public comment on a revised application for modification of City of Dothan
Sanitary Landfill Permit No. 35-06 submitted to the Department on or about March 6, 2017.
With certain exceptions described in Ala. Code § 22-27-48(d), as amended by Ala. Act
No. 2017-366 (approved May 24, 2017) (i.e., “permit modifications for the limited purposes of
changing liner and leachate collection design, changes in waste streams from within the facility’s
designated service area, changes in sequence of fill, changes to incorporate new technology, and
changes intended to bring a facility into compliance with statutes and regulations”), “[t]he
[D]epartment may not consider an application for a modified permit for a facility unless such
application has received approval pursuant to this section by the local governing body.” Ala.
Code § 22-27-48(b), as amended by Ala. Act No. 2017-366 (approved May 24, 2017). “Any
decision by the local governing body of a proposed modification of a permit for an existing solid
waste management site . . . shall be made in a public meeting only after public notice of such
application . . . and an opportunity for public comment is provided.” Ala. Code § 22-27-48(e), as
amended by Ala. Act No. 2017-366 (approved May 24, 2017). “In providing public notice of any
proposed modification, the local government shall at a minimum hold at least one public hearing
thereon, notice of the time and place of which shall be given by one publication in a newspaper
of general circulation in the municipality and in the official gazette, if any, of the jurisdiction.
Furthermore, the notice shall be given at least 30 days but not more than 45 days prior to the
9150 McDougal Court — Tallahassee — Florida 32312-4208 — Telephone 850-386-5671
Facsimile 267-873-5848 — Email DavidALudder@enviro-lawyer.com — Web www.enviro-lawyer.com
proposed date of the hearing.” Ala. Code § 22-27-48(f), as amended by Ala. Act No. 2017-366
(approved May 24, 2017).
As the May 22, 2017 public notice indicates, on September 16, 2014, the Board of
Commissioners of the City of Dothan “granted approval to expand the facility boundary for the
City of Dothan Sanitary Landfill.” Resolution 2014-246 approved “the proposed expansion to
the facility boundary of the Dothan Landfill located at 1290 Burkett Road to approximately 536
acres.” Resolution 2014-246, however, did not approve the revised application to modify Permit
No. 35-06 which was submitted to the Department on or about March 6, 2017. The revised
application includes several modifications that the Board of Commissioners did not previously
review or approve. For example, the revised application to modify Permit No. 35-06 increases
the construction and demolition waste disposal area acreage; extends the facility boundary along
the east side; revises the legal description of the facility; reduces the municipal solid waste
disposal area acreage; and reduces the total acreage of the facility.
Absent approval of the revised application for modification of Permit No. 35-06 by the
Board of Commissioners of the City of Dothan after public notice and public hearing, the
Department may not consider the revised application for modification of Permit No. 35-06.
Accordingly, my clients demand that the Department cease and desist all further consideration of
the revised application for modification of Permit No. 35-06. If the Department proceeds with
the June 29, 2017 public hearing on the revised application for modification of Permit No. 35-06,
such action will violate Ala. Code § 22-27-48(b), as amended by Ala. Act No. 2017-366
(approved May 24, 2017) and my clients will file suit against the responsible Department
officials to restrain any further consideration of the revised application.
Sincerely,
David A. Ludder
cc: Mr. Thomas L. Johnston, General Counsel
Mr. F. Lenton White, City Attorney