M I N U T E S

 

REGULAR MEETING OF MAYOR AND COUNCIL OF JULY 6, 2010

 

 

 

 

 

Call to Order:              The Regular Meeting of Mayor and Council of July 6, 2010 was called to order by Mayor Corine Deyton at 7:00 p.m.

 

Invocation:                  The invocation was given by Councilwoman Linda Lord followed by the Pledge of Allegiance to the American Flag.

 

Roll Call:                     Mayor Corine Deyton, Mayor Pro-tem Sparkle Adams, Councilman Donald Judson and Councilwomen Linda Lord, Maudie McCord and Karen-Brandee Williams.

 

                                    Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Captain Jamie Reynolds, Management Analyst Angela Redding, Director of Planning, Building and Zoning Steve Pearson, Director of Public Works Mike Gippert, Deputy Director of Recreation and Leisure Services Sharon Smith, Chief Eddie Buckholts and City Attorney Joe Harris.

 

Approval of                 Mr. Judson made a motion to approve the minutes of the Work

Minutes:                      Session of June 21, 2010 and the Regular Meeting of Mayor and Council of June 21, 2010, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

Comment Period:        Steve Pearson responded to complaints made by Mr. Willie Finch                                       at the last council meeting:

 

·         Mr. Finch has implied that the City’s code enforcement has engaged in “selective enforcement” in the enforcement of ordinances related to graffiti.  

 

                                    Mr. Finch stated, “I am not here to complain, only ask a few                                                questions. I was told once that we had selective enforcement on                                            this code enforcement thing and I was just wondering over on Ash                                           Street, Ash and Cone, that graffiti on that wall, how long has it                                       been there?”  Councilman Judson stated, “About two or three                                                 weeks, Willie.”  Mr. Finch stated, “It’s been there longer than that,                          its been there before my daughter was cited.”

 

                                    Mr. Finch seems to be implying that code enforcement has dealt                                          more harshly with his daughter than with the residents at 744 Cone                                     Road.

 

                                    Response

 

                                    First, the ICC International Property Maintenance Code Section 302.9 Defacement of Property states:

 

                                    No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any markings, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

 

                                    The last thing that code enforcement officer wants to do is issue a citation to a property owner, for graffiti after their property has been vandalized. Our remedy by code is to make personal contact with the property owner and advise them of the code violation and their responsibility to restore the surface that has been vandalized. We follow that visit up with an official letter of notice which states the owner has 10 days from the receipt of the letter to accomplish the correction or they will be cited. If the owner needs more time, we try to accommodate them within reason, again, the last thing we want to do is cite them.

 

The fence at 744 Cone Road has been tagged with graffiti three (3) times within a year. They were sent a letter June 24, 2009 and they complied within 10 days. They were tagged a second time and were sent a letter January 27, 2010 and they complied within 10 days.  They were tagged again, this third and last time in April 2010.  There was “vulgar language” directed at the Forest Park Police in the latest graffiti and the City took action and painted over it the next day after it appeared.   The City did not use the same color to paint the fence, as did the property owner in the two previous taggings and it stands out.  The owner has been contacted and asked to please paint over the area with matching color.

 

                                    In the case of Mr. Finch’s daughter’s graffiti…

 

                                    On December 7, 2009, Officer Bedingfield met with Ms. Cheryl Finch regarding the issue. According to Ms. Finch, she had attempted to wash the paint off and just could not remove it. She stated that she could not paint over the graffiti on the fence. Ms. Finch was advised of the code violation, and made aware of the owner’s responsibility to restore the fence to an approved state of repair. Mr. Bedingfield advised her that she would be receiving a letter of notice to comply with the code. 

 

                                    On December 8, 2009, Mr. Bedingfield’s supervisor Mike Tuttle                                         suggested to Officer Bedingfield to hold off sending the letter until                                   after the holidays, perhaps the graffiti will get removed by then. 

 

                                    On February 23, 2010 it became obvious that no further attempts had been made to remove the graffiti. On February 23, 2010 a certified letter was sent to Cheryl Finch along with copies of IPMC Chapter 3 Section 302 Exterior Property Area and 302.9 Defacement of Property. She was given 30 days to restore the fence and/or appeal the decision. On March 1, 2010 Ms. Finch received the notice letter.  After no response, on April 13, 2010 Cheryl Finch was cited for violation 302.9 Defacement of Property with a court date of May 14, 2010.

 

                                    Code enforcement did not just stop by and issue Ms. Finch a ticket for the graffiti. Initial contact with Ms. Finch was made December 4, 2009 and the citation was issued on April 13, 2010. (136 days)

 

                                    The fence was finally brought into compliance. About a week before the May 14, 2010 court date, I personally advised Mr. Finch that the case was being nolle prosse or abandoned and that all the City wanted was the fence being brought into compliance with the code.

 

·         Empty lots at Kay Street and Brookdale being overgrown again, and needs to be addressed.  Mr. Finch stated that the City had cleaned up the house and lots at the corner of Kay and Brookdale and it has now become overgrown again and it needs to be taken care of again.

 

                                    Response

 

                                    On Thursday June 17, 2010, City Manager John Parker called me and gave me a complaint from a Citizen that the house and empty lots at the corner of Kay St. and Brookdale had some obvious property maintenance issues that needed our attention. I wrote up the complaint and gave it to code enforcement. I was advised that Mr. Finch had just left our office and he had left the same complaint with us.  Code enforcement was familiar with this location. Last year, the City was unsuccessful in compelling the owner of 601 Kay St. to bring the house and lots into compliance. On August 7, 2009 the Judge of Environmental Court declared the house and lots a nuisance, and ordered the City to abate said nuisance (i.e. cut the lots) and maintain compliance on an as needed basis. On Monday June 21, 2010 (the day of the Council meeting) an inter-departmental memo and a copy of the August 7, 2009 court order was forwarded to Public Works asking them to please clean and cut the property.  Public Works has cut these lots again and they are now in compliance.

 

                                     

·         complaint about the condition of an abandoned house located at 303 Kate Drive. Mr. Finch claims that he spoke to Mr. Pearson about the house and condition of the property, and that I told him that I had cited those people for that house last year and that they didn’t come to court. He also stated that I had told him that I called the guy and he told me to shove it. 

 

                                                Response

 

                                    Mr. Pearson stated he had not had any conversation with Mr. Finch regarding this location. However, Mr. Finch had a similar conversation with Mike Tuttle on June 17, 2010. Code enforcement sent a notification letter to Caldwell Realty LLC in Atlanta (the owners) that same day giving them (14) days to initiate corrective action or receive a summons to Environmental Court.

 

Recess:                        Ms. Adams made a motion to recess for a public hearing, seconded by Ms. Williams.  Voting for the motion was unanimous.

 

Public Hearing:           Mayor Deyton opened the Public Hearing to receive comments on the Local Law Enforcement Edward Byrne Justice Grant Award Year 2010. 

 

                                    Mayor Deyton asked if there was anyone present to speak.  No one was present to speak.

 

                                    Ms. Adams made a motion to close the Public Hearing and reconvene the meeting, seconded by Ms. Williams.  Voting for the motion was unanimous.

 

New On-Premises       Request was made to consider a new on-premise consumption

Alcohol license -         alcohol license for liquor, beer and wine from El Latino, 4420

El Latino:                    Jonesboro Road.  No exceptions noted.

 

                                    Ms. McCord made a motion to approve the new on-premises consumption alcohol license from El Latino, seconded by Ms. Williams.  Voting for the motion was unanimous.

 

Resolution -                 Request was made to consider a Resolution by the City Council of

Surplus Equipment:     the City of  Forest Park declaring certain City property, listed on Exhibit A, to be surplus property and to provide for its proper disposal either by auction or other methods pursuant to the City’s Ordinances; and for other purposes.

 

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

 

Resolution -                 Request was made to consider a Resolution by the City Council for

Donation of 1991        the City of Forest Park to accept the donation of a 1991 Ford

Ford Explorer:             Explorer; to repeal all Resolutions and parts of Resolutions in conflict herewith; to provide an effective date; and for other purposes.   

 

                                    Ms. Lord made a motion to accept this very generous donation and approve the Resolution, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Committee Reports:    Ms. Adams stated there will be a Teen Council Meeting on July 20th at 6:30 p.m. and a pool party on July 24th..

 

                                    Ms. McCord stated on behalf of the residents in Ward 3, she is thanking them in advance for their help on July 17th for the Clean-Up from 8 until 12.

 

                                    Ms. Lord stated tonight is the Southside Neighborhood Watch Meeting at the Police Department. 

                                   

Other Business:           Ms. Williams made a motion to suspend the rules to add an item to the agenda, seconded by Ms. Adams.  Ms. Adams requested a roll call vote.

 

                                                Ms. Adams -               yes

                                                Ms. Williams - yes

                                                Mr. Judson -                yes

                                                Ms. Lord -                   yes

                                                Ms. McCord -             yes

 

                                    She stated this item is in reference to a letter received from a resident regarding amendments to the Board of Ethics.  A letter was submitted requesting consideration to amend the procedure and qualifications of the Ethics Board. She mentioned some of the documented rules in reference to the Code of Ordinances and upon research she is formally objecting to the consideration of this matter.  

 

                                    Ms. Williams made a motion to decline to consider any of the suggestions that were made in the memo received, seconded by  Ms. McCord.  Voting for the motion was unanimous. 

 

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

 

                                    The meeting adjourned at 7:30 p.m.