City of McIntyre
April 1, 2013
Mayor Horne called meeting to order led in prayer by Council member Carswell.
Present were: Mayor Vicki Horne, Council members, Vickie Mixon, Rico Myrick, John Carswell, Katherine Scott, and Eugene Moore, also present were City Attorney David McRee, Chief Wayne Amerson, and Administrative Assistant Takita Anderson.
Minutes were presented from the March 18, 2013 meeting, Motion to accept the minutes as presented was made by Mixon, seconded by Carswell, no opposition, motion carried.
Mayor Horne stated that there was no one on the agenda and proceeded with reports.
Moore had no report.
Scott had no report.
Mixon had no report.
Myrick questioned the closing of clubs at 12:00am on Saturdays and was it in the original ordinance or was it included when the city drafted the new ordinance.
Amerson said that it was in the original ordinance, and that he had allowed the clubs to stay open until 2:00am, but when the city began having trouble with the clubs he enforced the 12:00am rule.
Myrick said that the city charged $1,500 for a sale by the drink license and $350.00 for the beer and wine license and whatever the cost of the state license, and that what he was looking at was that if the city charges that much money and then close them down at 12:00am on a Saturday, it didn’t seem fair.
Mayor Horne said that council had talked about it before, but if she wasn’t wrong, that council could vote to change the ordinance.
Myrick said that he felt if they were going to pay $1,500 for pour by the drink, then the cost of all of the other license, that he felt the city should change it for the pour by the drink since the fee was so high.
Amerson said that he use to let them stay open because the county let the others stay open to 2:00am, and that he was letting the clubs stay open until 2:00am, provided that there wasn’t any trouble. Amerson said that council was aware of the trouble, and that when the new ordinance was put in place he enforced the 12:00am rule, and it has been that way for a while, and that when the trouble started with the clubs and they wouldn’t do like he asked he started enforcing it by the ordinance.
Myrick asked for council input.
Mixon asked if the people didn’t know about the ordinance, that they were given a copy of the ordinance, did they not read it. Myrick said that yes they were given a copy, but that they didn’t
City of McIntyre
April 1, 2013
read it, and that he voted on it, but he didn’t read that part, and that he felt like 12:00am was to early.
Moore said that there were no Sunday Sales, Carswell said that so you couldn’t sale after 12:00, Amerson said that there would be no way to enforce that if they stay open until 2:00am. Carswell said that he didn’t have anything one way or the other, that since they were new, the city could leave it at 12:00 for a while, and then slowly move the time up. Mixon said that they would just have to start partying earlier. McRee said that he didn’t know if the City could go until 2:00 because he thought it might possibly require a referendum vote to have sale on Sunday, Mayor Horne said that if they don’t sell after 12:00, they could do it. McRee said yes if they didn’t sell after 12:00.
Mayor Horne said that when she went out every blue moon, she didn’t usually go until about 11:00, but that she didn’t drink, but went about that time, Myrick said that he felt it was unfair.
Carswell asked Amerson if he had met with the owners before they opened. Amerson said that he had spoken briefly with the owner about the club but had advised the owner to come down and speak with him and he would tell him the City’s expectations. Amerson said the owner had not been to his office, but had seen him this past Tuesday, and the owner had freaked out because he wanted to open the upcoming Friday night or Saturday. Amerson said that he always gave them the opportunity to talk with him.
Myrick asked if the city could try the 2:00 and if it doesn’t work then go back to the 12:00. Amerson said that he was going strictly by the ordinance but if they wanted to change it, then they would try it. Myrick said that it had been tried before, Amerson said that yes it had but he had learned his lesson in the past, Myrick said but these were new people, Amerson said yes but the ordinance was the law of the city, and if he stretched the law for one and something happens, that he used the ordinance to cover the police department, and asked David if he was liable if he let them stay open past the time specified in the ordinance. McRee said that if he was doing it with knowledge. Myrick said that Amerson was saying closing, could we change the closing time to 2:00, and if we find out they were selling after 12:00 close them. Carswell said that his thing was, with alcohol, you would be able to tell when they bought it, saying if you came in after 12, that they could say they bought it before 12:00, Amerson said yes, that he couldn’t enforce it, but if you had the closing time at 12:00, and if the officers comes in after 12:00 then he could enforce it.
Myrick said that he wasn’t getting anywhere, so might as well move on. Mayor Horne asked if he was putting it up for a motion or what. Myrick said yes, that he put it up for motion that the City change the ordinance to read that a club could stay open until 2:00, instead of closing at 12:00 on a Saturday, Mayor Horne said that there was a motion for clubs to stay open until 2:00 with no alcohol sales after 12:00, seconding the motion was Carswell, voting for the motion were Myrick, Carswell and Scott, opposing the motion were Mixon and Moore. Motion carried.
McRee said that he would draft the changes and bring it back to the next meeting, because it had to be presented at one meeting and approved the second meeting, saying that it won’t go into effect until its been adopted and approved at the second meeting. McRee said that he would
City of McIntyre
April 1, 2013
change the beer and wine ordinance as well as the sale by the drink ordinance to stay open until 2:00 with no sales between 12:00 and 2:00. Amerson said is it consumption or purchased, because if he goes in there and they are drinking, they will say that bought it before 12:00. Mayor Horne said either way you go they are going to do it. Discussion ensued to determine whether it would be consumption or sales. Amerson stated that if it is consumption and he walks in there at 12:30 and someone is drinking a beer then he could shut the place down, and pull the license; Horne said that he had the authority.
Carswell spoke to the Mayor concerning the contract for the fireworks at May Day, saying that it was the same company that did them for Gordon. Carswell said that the cost was $3,530.00, with $1,765.00 being due at the signing of the contract; the other will be paid 10 days after the event. Carswell said that we needed to sign the contract and send it back, so that the information could be submitted to the probate court. Carswell said that he had spoken with the Mayor earlier about replacing some of the picnic tables at the park and that he did get a price from Sam’s for a pack of 4 tables for around $500.00, but that he wasn’t sure about how many tables they needed at the park, but he thought they only had about 5 up there now, Carswell also said that they needed some chairs and that he found some at Sam’s also, for a set of 10 the price would be around $360.00. Carswell said that the park needed some tables, benches and folding chairs so there would be seating for events. Carswell said that someone had contacted Rico about having a wedding at the park, but that there was no seating for such an event. Scott said that most of the time people brought their own items, when using a place like the park. Carswell said that he didn’t believe that they had any of those items. Mixon said that people usually rent items for weddings. Carswell said that the park still needed the chairs for the park, for events such as May Day that we could rent them but the cost would get expensive. Carswell said that he didn’t have any complaints at the park right now, thanks to the street department and water department guys, that they had removed some of the old recreation equipment, and that a lot of things on the list had gotten done. Carswell said that they used the new concession area for the Easter egg hunt and it turned out good.
Carswell said that he had given everyone a copy of the cost for the May Day. Carswell said that it would be a three day event, starting on Friday with the Youth Street Party, which would be a pre-graduation party for the graduates this year, Saturday would be start at 10:00, and that he wanted everyone to come out Sunday, that they would be celebrating Cinco-de-Mayo, and that the Hispanic population would be having a soccer tournament, and that there would be soft-ball tournament also, and during May Day.
Mixon asked Carswell why they had put half of the cost of the fireworks in May Day and the other in Special Events. Carswell said that they didn’t want to spend all the money in May Day, and that they had put money in the special events for the fireworks. Carswell explained this way if they have an unexpected cost for May Day, they could pull it from May Day expense rather than from somewhere else. Mixon said then the figure was incorrect on the May Day expense that you would need to add the $1,765.00 into the $4,859.00; Carswell said that it was already added in. Moore asked about the permit for the fireworks. Mayor Horne said that people downtown would be able to see the fireworks. Carswell explained that they would set up on the baseball field and rope off areas where people could watch.
City of McIntyre
April 1, 2013
McRee asked about Carswell making a motion to have the Mayor sign the contract for the fireworks. Carswell made motion for Mayor Horne to sign the contract for the fireworks, seconding was Myrick, no opposition, motion carried.
McRee said that he would have the changes to ordinance at next meeting and also the information that was talked about at the last meeting.
Amerson informed council that Bernard goes to surgery tomorrow, and would be out for about a month, and wanted to know if council wanted to cover his shifts with part-time help or let the other officers make the overtime. Mayor Horne said that we let the other officers cover last time. Amerson said that the city did, and that you were only looking at about $4,500.00. Myrick said that he would like for the other officer’s work it, Mixon agreed. Scott asked were the other officers okay with that. Amerson said that they were. Amerson said that he was going to go ahead and take three days of vacation, because the next month was going to be wide open.
Administrative Assistant presented council with the application for Torey Todd, Sugar Shack. Mayor Horne asked Ameson if he had looked over everything, Amerson said that he had. Motion to accept the beer and wine license, Mayor Horne asked if they were getting the license for pour by the drink. Moore said that both had been advertised. Mayor Horne said that there was a motion for beer and wine license for Sugar Shack, Myrick said for the pour by the drink to.
Motion to accept the application for Torey Todd, of The Sugar Shack for Beer and Wine and Pour by the Drink was made by Myrick, seconded by Scott, voting for the motion were, Scott, Myrick, and Carswell, opposing the motion were Mixon and Moore. Motion carried.
Carswell asked how soon could he look for tables and things. Mayor Horne asked McRee if we could use SPLOST funds to purchase the items, saying that she had spoken with David Franks, McRee said if there was something for recreation you could. Myrick asked that it was paid to us so couldn’t we use it; Mixon said that it still had to be used for what we originally said the city would spend it on.
Mayor Horne asked if they needed to go into executive session to discuss her talking to Skeet Hulbert. McRee said that they would need to go into executive session.
Motion to enter into executive session to discuss land acquisition was made by Myrick, seconded by Carswell, no opposition, motion carried.
Mayor Horne said that she was going to ask Rindt-McDuff to come down and get council up to speed to where things are. Mayor Horne noted that she thought ground breaking would be in April, but that she hadn’t heard anything. Mayor Horne said that she knew that there were some issues with the marking of water lines. Myrick said that they said they were through, Mayor Horne said that Byron Farmer said that 441, Macon Road and Asbell hadn’t been marked. Moore said that Macon and Asbell Roads were marked, and that he knew that for sure. Mayor Horne said that Asbell needed marking down behind the church.
City of McIntyre
April 1, 2013
Mayor Horne also noted that meters needed to be read in a timely manner, that they use to could do it with 2 people in just a few days, now they had 4 people on it, and couldn’t get them read any quicker, but with 4 people reading it shouldn’t take more than 2 ½ days. Mayor Horne said that they needed to get the other done too.
With no other business to discuss motion was made for adjournment by Myrick, seconded by Carswell, no opposition, motion carried.