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License leads to city debate

• City officials exchange verbal barbs over the transfer of an alcohol license.

Carlton Fletcher

ALBANY — A question over the transfer of an alcohol license and an establishment’s proximity to property owned by St. Teresa’s School led to a heated exchange among city officials at the Albany City Commission’s business meeting Tuesday evening.

New Ward 4 Commissioner Roger Marietta’s questioning of the proximity of the Hinal Inc. establishment at 1603 Gillionville Road to the St. Teresa’s soccer field led Ward 6 Commissioner Tommy Postell to label his query “an insult” and prompted City Manager Alfred Lott to tersely end the discussion by proclaiming, “Mr. Commissioner, we made the measurement and it met the requirements of the ordinance.”

Marietta, who was involved in the dispute over the West Albany Boxers Restaurant/ Lounge that received numerous complaints from residents in the Lake Park neighborhood before eventually closing, asked the commission to table a vote on the liquor license transfer so that he could “be there for a measurement of the distance.” That motion was voted down.

Before a vote on the measure was taken, Postell said, “I don’t think we should insult Code Enforcement by calling for a new measurement to suit one commissioner. That’s like saying we don’t trust them, and that’s an insult.”

Marietta offered an apology but noted that measurements at the facility “could be taken three or four ways,” before Code Enforcement Director Mike Tilson indicated, first, that no measurement was needed for the transfer of a license and, second, the standards for measurement had been updated and approved by the commission at the end of 2007.

Lott’s comment led to a vote, which was 5-2 to approve the transfer.

After hearing a complaint from the Rev. Willie Lucas, the commission voted unanimously to deny an alcohol license to the Red Velvet Bar & Lounge at 1041 Madison Ave. Lucas said noise at the establishment disturbed his home, which he said was located “10 feet away” from the lounge.

Ward 3 Commissioner Morris Gurr said, “I went by that neighborhood, and Rev. Lucas’ home is no more than 10 feet away. I think the good of the neighborhood comes first here; I see another Boxers situation, and one was enough for me.”

Commissioners approved the Downtown Albany Merchants Association’s request for a one- day alcohol license for its Mardi Gras street festival March 1; granted liquor license transfers for Harvest Moon restaurant to 2347 Dawson Road and to D&D Food Mart at 1430 N. Jefferson St.; then approved liquor license applications for El Eclipse at 212 W. Broad Ave., The Wash House at 312 S. Slappey Blvd., Beef O’Bradys at 2610 Gillionville Road and Terra E. Mare Night Club & Sports Bar at 2203 E. Broad Ave.

The commission also granted approval for the increase in the density of units proposed for development of the University Garden Apartments on Frank Postell Street; offered suggestions for the Planning Commission to consider while drawing up a final draft of a sign ordinance; and approved ordinances establishing a tax allocation district, amending the fiscal year 2008 budget and updating speed limits on certain city streets.

Resolutions authorizing the city manager to transfer title of city vehicles and use of Special-Purpose Local-Option Sales Tax V funds for renovation of bathrooms at the Albany Civic Center and the purchase of 15 police car video systems were approved, as were bids on software maintenance by Oracle USA for $42,701.74 and $52,885.72.

While discussing other business at the meeting’s end, Postell asked City Attorney Nathan Davis for a report on a pending lawsuit against the Water, Gas & Light Commission and the investigation into the recent death of a WG&L employee.

Davis told Postell the utilities authority’s risk management department was looking into the circumstances surrounding the Dec. 6 death of WG&L lineman Clay Adams and indicated the only lawsuit he was aware of involved the “Brad Lanier Oil Co.’s suit concerning exposure to the old gas plant site.”

Postell asked if the risk management person at WG&L was qualified to investigate the circumstances surrounding Adams’ death, and Davis replied, “I wouldn’t want to answer that question.”

“I’ll answer it for you; he is not and I’d like to request that the city conduct an investigation,” Postell said.

Mayor Willie Adams told commissioners that newly appointed WG&L Commission board member Jim Deal had a conflict of interest and was withdrawn from nomination. The board unanimously voted to approve JoAnne Pope to replace Deal.

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