M I N U T E S

 

REGULAR MEETING OF MAYOR AND COUNCIL OF OCTOBER 17, 2005

 

 

 

 

Call to Order:                 The regular meeting of Mayor and Council of October 17, 2005 was called to order by Mayor Charles Hall at 7:00 p.m.

 

Invocation:                     The invocation was given by Mayor Hall followed by the Pledge of Allegiance to the American Flag.

 

Present:                         Mayor Charles Hall, Mayor Pro-tem H. H. Estes, Councilmen David Halcome, Donald Judson, Wesley Lord and Councilwoman Debbie Youmans.

 

                                      Also present were City Manager William Werner, Director of Finance Mike Blandenburg, Director of Public Works Mike Gippert and City Attorney Jack Hancock.

 

Approval of minutes:      Mr. Estes made a motion to approve the minutes of the regular meeting of Mayor and Council of October 3, 2005, seconded by Mr. Lord.  Voting for the motion was unanimous.

 

Retail Alcohol License-  Request was made to consider a new retail

Divine Food Mart:          alcohol license for beer and wine from Divine Glory Enterprises, LLC D/B/A Divine Food Mart, 4700 Jonesboro Road.     

 

                                      Mr. Estes made a motion to approve the retail alcohol license for beer and wine from Divine Glory Enterprises, seconded by Mr. Lord.  Voting for the motion was unanimous.

 

Resolution to                 The Resolution to establish Rules of Procedures

Establish Rules of          for the public comment period during the City of

Procedures:                    Forest Park’s regularly held City Council Meetings was tabled from the October 3rd meeting.

 

                                      Mr. Judson made a motion to remove the Resolution from the table, seconded by Mr. Estes.  Voting for the motion was unanimous.

 

                                      Mr. Judson made a motion to approve the Resolution, seconded by Ms. Youmans.

 

                                      Mr. Lord made a motion to table the Resolution until the council can discuss the idea of a third meeting and change the rules of Council, seconded by Mr. Estes. 

 

                                      Ms. Youmans requested a roll call vote.

 

                                      Ms. Youmans -                         no

                                      Mr. Halcome -                          yes

                                      Mr. Estes -                               yes

                                      Mr. Judson -                            no

                                      Mr. Lord -                                yes

 

                                      The motion carried.

 

Ordinance -                    Request was made to consider an Ordinance by

Accept Dual Tracking     the City Council of the City of Forest Park

Grant:                            authorizing the Mayor to sign and accept a Dual Tracking Grant from the Department of Defense Office of Economic Adjustment for the purpose of preparing a conceptual redevelopment Plan for Fort Gillem and to appropriate the matching funds from the General Fund Line Item #100-00-0000-11-1100; and for other purposes.

 

                                      Mr. Estes made a motion to approve the Resolution, seconded by Mr. Lord.   Voting for the motion was unanimous.

 

Ordinance – CDBG        Request was made to consider a Resolution by the Mayor and Council of the  City  of Forest Park, Georgia to proceed with applying for HUD Funding through the CDBG Program for Lockhart Field Soccer Complex, Restroom Replacement for Starr Park, the Completion of City Pocket Parks, Sidewalk for Lamar Drive, a Park Area in conjunction with the Clayton County Board of Education at Hendrix Drive School and tables and chairs to be utilized for public functions at all City Buildings and to accept the HUD Funding through the CDBG Program once it becomes available and for other lawful purposes.

 

                                      Mr. Estes made a motion to approve the Resolution, seconded by Mr. Lord.  Voting for the motion was unanimous.

 

Ordinance – North         Request was made to consider an Ordinance  

Parkwood Drive:             authorizing the Director of Public Works to expend funds pursuant to City Code Section 5-3-3 in the amount not to exceed ten thousand dollars ($10,000) to perform drainage repairs on non-public properties located between 1074 through 1150 North Parkwood Drive.

 

                                      Mr. Estes made a motion to approve the Ordinance, seconded by Mr. Lord.

 

                                      Ms. Youmans asked where the money is going to be expended from. Mr. Werner explained this is mainly labor that will be redirected from other activities.

 

                                      Voting for the motion was unanimous.

 

Ordinance –                   Request was made to consider an Ordinance by

Heartwood 11:                the City Council of the City of Forest Park authorizing the settlement of a lawsuit with Heartwood 11, LLC to redeem property located at 1056 Main Street that was sold for taxes in error; and for other purposes.

   

                                      Mr. Estes made a motion to approve the Ordinance, seconded by Mr. Lord.

 

                                      Mr. Hancock explained the City has a vested interest in this property by virtue that the City holds an unpaid tax lien on the property. In addition, the City had negotiated to obtain ownership of the property and received, and we are holding in trust a quit claim deed for the property.  He stated the deed has not been accepted by the City as a result of potential contamination that exists on the property from adjoining property which we are attempting to resolve before taking title to avoid any additional liability.  During the interim, the Clayton County Tax Commissioners Officer, continued to send tax notices to the property owner, and those taxes were not paid, and the Tax Commissioners Office sold the property at a tax sale resulting in a lawsuit being filed to confirm that sale by Heartwood 11.  The City is redeeming the sale for the taxes that put the property back in the name of the previous owner and will continue our claim to it.  

                                     

                                      The City Attorney clarified the fact that the City does not own this property.

 

                                      Voting for the motion was unanimous.

 

Ordinance -                    Request was made to consider an Ordinance by

Heartwood 11:                the City Council of the City of Forest Park authorizing the Director of Finance to transfer money from the unappropriated balance of the General Fund to Account #100-22-1510-57-3000 to pay the settlement of a lawsuit with Heartwood 11, LLC to redeem  property located at 1056 Main Street that was sold for taxes in error.

                                     

                                      Mr. Estes made a motion to approve the Ordinance, seconded by Mr. Halcome. Voting for the motion was unanimous.

 

Ordinance – LRA:           Request was made to consider an Ordinance to by the City Council of the City of Forest Park to amend Ordinance 05-24 as requested by the Office of Economic Adjustment to name the Planning Local Redevelopment Authority  the Forest Park/Fort Gillem Local Redevelopment Authority and to reaffirm that the sole purpose of the authority is for base reuse planning, conducting contingency planning and data gathering on the City’s behalf; to provide an effective date; and for other purposes.

 

                                      Mr. Estes made a motion to approve the Ordinance, seconded by Mr. Lord.

 

                                      Mayor Hall explained in order to have this Authority registered with the National Register,  and for this Authority to have the sole authority for the planning of Fort Gillem, the name would have to change to the Forest Park/Fort Gillem Local Redevelopment Authority.

 

                                      Ms. Youmans asked, according to Roberts Rules of Order, is it in order for the presiding officer to comment on an item that is being voted on.  Mr. Hancock stated he is not aware of any prohibition in Roberts Rules of Order for the presiding officer to participate in discussion after a motion and second has been made.   She stated it was her understanding there was a prohibition for that and that if it happens the presiding officer would have to remove himself for that vote.  Mr. Hancock stated if you believe that is the case, then ask the Mayor to recuse himself and let the Mayor Pro-tem take over.

 

                                      Mayor Hall recused himself.

 

                                      Mayor Pro-tem Estes called for the roll call vote. 

 

                                      Ms. Youmans -                         yes

                                      Mr. Halcome -                          yes

                                      Mr. Judson           -                            yes

                                      Mr. Lord -                                yes

 

                                      Voting for the motion was unanimous.

 

Comment Period:           Mr. Ronnie Blackmon spoke concerning the red lights in Forest Park and tickets he had received.

 

                                      Mr. Darnell Moorer spoke concerning crime in the City, putting the drug task force back in place, obtaining another k-9 unit, and how the City is dealing with graffiti.

 

                                      Ms. Adams asked what the crime statistics were, have we identified high crime areas, what are we doing to be pro-active, and what is the ratio of citizens to police officers.

 

                                      Mr. Pate asked for a candidate forum.

 

                                      Ms. Youmans thanked everyone for coming out and stated she was disappointed in the tabling of the resolution to move the public comment time.

 

Other business:             Mr. Hancock clarified to Council Roberts Rules of Order does not prohibit the presiding officer from making a comment in description of an action, it does prohibit any comment indicating an opinion one way or the other. 

 

Adjournment:                Mr. Estes made a motion to adjourn, seconded by Mr. Halcome.  Voting for the motion were Mr. Estes, Mr. Halcome, Mr. Lord and Mr. Judson. Ms. Youmans voted against the motion.  The motion carried.

 

                                      The meeting adjourned at 8:00 p.m.