A G E N D A

 

REGULAR MEETING OF MAYOR AND COUNCIL OF MARCH 7, 2011

 

 

                        6:00  Work Session

                                    Discussion of Agenda Items

                                   

           

I.                   Call to Order – 7:00 p.m. – Mayor Corine Deyton

 

II.               Invocation

 

III.            Pledge of Allegiance

 

IV.             Roll Call

 

V.                Approval of Minutes  

 

1.      Work Session of Mayor and Council of  February 21, 2011

2.      Regular Meeting of Mayor and Council of February 21, 2011

3.      Special Meeting of Mayor and Council of February 16, 2011

 

VI.             Comment Period by Residents

 

VII.         Comment Period by Non-Residents

                                    Leroy McSmith

 

VIII.      Agenda Items

 

      Renewal of On-Premises Consumption Alcohol License for Beer only

 

1.  Taqueri y Pupuseria La Internacional, 4095 Jonesboro             Road. Suites J & K, no exceptions noted

 

      Renewal of On-Premises Consumption Alcohol License for Beer & Wine

 

2.      Night A.B.C. LLC D/B/A El Relajo Restaurant, 4462 Jonesboro Road, no exceptions noted 

 

3.      Appointment to Clayton County Board of Health -  Pamela Reynolds, RN

 

      BACKGROUND AND SUMMARY:  The appointment of

      Pamela Reynolds, RN to the Clayton County Board of Health expired on December 31, 2010.  OCGA 31-3-2(a)(5) states “this position is to be appointed by the governing authority of the largest municipality in the County and shall be a person interested in promoting public health who is a consumer or a nurse licensed under Chapter 26 of Title 43.”   Ms. Reynolds would like to be reappointed to this position.

 

4.      Consider a Resolution by the Mayor and Council of the City of Forest Park, Georgia for appointment of Deborah Hodge to the Forest Park Board of Elections to serve as Manager and Jerome Golden and Louise Etheridge to serve as Assistant Managers; and for other lawful purposes

 

5.      Consider a Resolution by the Mayor and Council of the City of Forest Park, Georgia for appointment to the Forest Park Board of Elections to serve as Deputy Registrars and Assistant Absentee Ballot Clerks of Elections; and for other purposes

 

6.      Consider an Ordinance by the City Council for the City of Forest Park, Georgia, to amend the General Penalty for any violation of the City of Forest Park Ordinance; to provide for severability; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes

 

                              BACKGROUND AND SUMMARY: The General Penalty Ordinance presently provide for fines up to $1,000.00; or sentence to work on the streets or public works for up to six (6) months for City violations or up to one year under general State law violations; or imprisonment up to six (6) months for City violations or up to one year imprisonment for general State law violations.  This ordinance violates State law as it exceeds the jurisdiction of a municipal court as such a court can only exercise jurisdiction over misdemeanors which carry a maximum sentence of twelve (12) months.  Under Georgia law a sentence of one year is the minimum sentence on felony cases.  Thus, a person sentenced to twelve (12) months could serve all of their time in the County Jail, whereas a person sentenced to one year must go into the State system, which would then determine whether or not the person would serve their time in a State Prison or a County Jail.  Additionally, the City would be liable for any person who was injured while working on the City streets or public works department.

 

                              The amended Ordinance eliminates working on the City’s streets or public works as sentencing options, and sets the maximum imprisonment at six (6) months.

 

7.      Consider an Ordinance by the City of Forest Park, Georgia, to amend the Code of Ordinances of the City of Forest Park, Georgia, specifically Title 9, Licensing and Regulation, Chapter 10, Home Occupations, Section 9-10-3 (1) thereof; and to amend Title 9, Licensing and Regulation, Chapter 10, Home Occupations to create Sections 9-10-5; Section 9-10-6; and Section 9-10-7 thereof, so as to restrict Home Occupations in Certain Dwellings; to add approval procedures; to provide notice; to provide rights to appeal; to provide for severability; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes

 

                              SUMMARY AND BACKGROUND:   Presently, there are no restrictions on where a home occupation (“home based business”) can be located, nor are there any procedures for approval of such businesses or appeal rights for any aggrieved party.  This amended Ordinance will restrict home based businesses from being located in hotels, intown suites or apartment complexes.  Further, it establishes both an approval process and an appeal process.    

 

8.      Consider an Ordinance by the City of Forest Park, Georgia, to amend the Code of Ordinances of the City of Forest Park, Georgia, specifically Title 9, Licensing and Regulation, Chapter 8, Miscellaneous Regulations, Sections 9-8-1; 9-8-1(a)(5); 9-8-1(b)(1); 9-8-1(c) thereof; and to amend Title 9, Licensing and Regulations, Chapter 8, Miscellaneous Regulations, to create Sections 9-8-1(a)(6); 9-8-1(a)(7); and 9-8-1(d) thereof, so as to authorize regulations for Yard Sales; to provide for severability; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes    

 

                              SUMMARY AND BACKGROUND:  Presently, there are no regulations for yard sales.  This amended Ordinance will provide a process for obtaining permits to conduct yard sales, as well as regulations for yard sales as to the number and types of signs permitted to be used, and the locations for the placement of these signs.

 

9.      Consider an Ordinance by the City Council for the City of Forest Park, Georgia, to declare the necessity for the acquisition of two Billboards on Main Street for the purpose of expanding and improving the rights-of-way in the City; to authorize the City Attorney to file Eminent Domain proceedings in order to acquire said signs upon payment of Fair Market Value for them; to declare the necessity for the use of the Declaration of taking method of Condemnation pursuant to OCGA § 32-3-1 Et Seq.; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes

 

IX.             Legal Matters

 

X.                 Ward Comments by Governing Body

 

XI.             Adjournment