M I N U T E S

REGULAR MEETING OF MAYOR AND COUNCIL OF NOVEMBER 21, 2005

Call to Order: The regular meeting of Mayor and Council of November 21, 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.

Roll Call: Present were Mayor Charles Hall, Councilmen Donald Judson, Wesley Lord and Councilwoman Debbie Youmans.

Also present were City Manager William Werner, Director of Finance Mike Blandenburg, Det. Cotrell and City Attorney Jack Hancock.

Approval of minutes: Mr. Lord made a motion to approve the minutes of the regular meeting of Mayor and Council of November 7, 2005, seconded by Mr. Judson. Voting for the motion was unanimous.

Presentation: Mayor Hall presented Finance Director Mike Blandenburg with a Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending June 30, 2004.

New Retail Alcohol Request was made to consider a new retail

License – Patriots, Inc. alcohol license for beer and wine from Patriots, Inc. 132 Forest Parkway.

Mr. Lord made a motion to approve the new retail alcohol license for beer and wine from Patriots, Inc., seconded by Mr. Judson. Voting for the motion was unanimous.

New Massage Request was made to consider a new massage

Establishment – Total establishment from Total Health Studio, 4442

Health Studio: Jonesboro Road.

Mr. Lord made a motion to approve the license, seconded by Mr. Judson.

Detective Cottrell was present to answer any questions about the license application. He stated the applicant met all of the requirements set forth by the City.

Mr. Lord withdrew his motion and Mr. Judson withdrew his second.

Mr. Lord made a motion to table this request until the next regular meeting to allow him time to meet with the applicant, seconded by Mr. Judson. Voting for the motion was unanimous.

Resolution - Request was made to consider a Resolution by

Intergovernmental the City Council to authorize the Mayor to sign

Agreement with an Intergovernmental Agreement with the

Clayton Co. Board Clayton County Board of Elections and

Of Elections to use Registration to provide the City of Forest Park

Voting equipment: with equipment to conduct its 2005 Run-Off Election with State Owned Equipment; to set an effective date and for other purposes.

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

Ms. Youmans questioned how the City could use these machines when the Mayor and Council never voted to change the method of voting from paper ballots to the voting machines. Mr. Hancock stated the use of the electronic equipment as opposed to the paper ballots has been approved by the Department of Justice for the City.

Ms. Youmans stated there was a submission to the Department of Justice by Leon Beeler on August 25, 2003. She stated Mayor and Council were told they were required to use these machines when in fact, the State only mandates that the State and County elections use the machines. It is up to each individual municipality to decide whether they are going to use them or not.

She stated there are certain contents that were required to be submitted with that submission and being the Council never voted or a referendum held, none of the State Election Code requirements were met by Council.

Mr. Hancock stated that was the first he had heard of this issue and would report back to her.

Ms. Youmans requested a roll call vote.

Ms. Youmans - stated she finds it necessary and important to vote against this agreement and requested the following reasons for her vote be entered into the record pursuant to the City of Forest Park Charter and Code of Ordinances, Section 2-1-5: “In the summer of 2003, the Mayor and Council were informed the City was required to change the method of voting from paper ballots to the DRE Voting Machines beginning with the November 6, 2003 Municipal Election. To the best of my recollection, the Mayor and Council have never had one discussion or conversation regarding the use of these machines much less taking a vote changing from paper ballots to using the DRE Voting Machines. Leon Beeler who was then serving as the Election Superintendent and Sarah Davis who was then serving as City Clerk sent a letter of submission, dated August 25, 2003 to the Department of Justice seeking a notice of pre-clearance for this change. They did so without the proper and lawful authority to do so. The Georgia State Code clearly specifies the proper and lawful procedures to be followed implementing the use of the DRE voting machines. The State mandates or requires all State and County elections to use these machines but not the municipalities. It is left up to each individual city to make this decision either by having a referendum for the citizens to vote on this matter or by the Mayor and Council following certain procedures of the Georgia Code to implement this change. As of this date, that has not happened. Once again it appears the voice of the citizens have been completely left out of this extremely important decision. I do not know who gave Leon Beeler and Sarah Davis the direction to proceed as they did in this matter nor do I know why. Before the Council can authorize the Mayor to enter into this Intergovernmental Agreement to borrow these voting machines the proper and lawful procedures I feel must be followed in order to decide whether to use them instead of the paper ballots. Otherwise, it appears to me we are using these voting machines unlawfully. The citizens of Forest Park have the right to decide for themselves how they want their City run and especially how they want their City elections conducted. The Mayor and Council have no right whatsoever, no authority whatsoever to take those rights away from the citizens, not now not ever. I feel this Mayor and Council should do everything in their power to ensure the rights of the citizens are restored to them and to act on this immediately.”

Mr. Judson - yes

Mr. Lord - yes

Mr. Hancock stated it takes three affirmative votes of Council to carry any item so the motion failed.

Resolution - Request was made to consider a Resolution by

Easement Agreement the City Council to authorize the Mayor to sign

With Comcast: an Easement Agreement with the Comcast of Georgia/Massachusetts, Inc. to allow for the relocation of certain structures within the right of way of the streets of the City; to set an effective date and for other purposes.

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

Public Comments: Mr. Zonnie Jones of Lamar Drive spoke concerning trucks traveling on his street from the hours of 6 a.m. to 8 p.m. and felt the residents were not treated fairly.

Comments by Mr. Judson in referring to Mr. Jones and the

Governing Body: hours of 6 a.m. to 8 at night, 14 hours a day, stated no one would like to sit in their front yard and watch garbage trucks go by and the Council should look into providing better living conditions than what the residents have now from the noise and smell. He also discussed the fact he cannot park his bus on his property. He felt something can be done and should be done.

Ms. Youmans agreed with Mr. Judson and stated it is the duty of the Council to look out for the welfare and health of the citizens.

Adjournment: Mr. Lord made a motion to adjourn, seconded by Mr. Judson. Voting for the motion was unanimous.

The meeting adjourned at 7:40 p.m.