City of McIntyre
February 6, 2012
Mayor Horne called meeting to order, led in prayer by Council member Eugene Moore.
Present were Mayor Vicki Horne, Council members, Vickie Mixon, Rico Myrick, John Carswell, Katherine Scott, and Eugene Moore.
Motion to approve December 1, 2012 called meeting minutes as presented was made by Mixon, seconded by Myrick, no opposition, motion carried.
Motion to approve December 19, 2012 council minutes as presented was made by Myrick, seconded by Carswell, no opposition, motion carried.
Motion to approve January 6, 2012 called meeting minutes as presented was made by Scott, seconded by Moore, no opposition, motion carried.
Motion to approve February 3, 2012 called meeting minutes as presented was made by Mixon, seconded by Carswell, no opposition, motion carried.
Mayor Horne addressed agenda and welcomed Joe Boone with Paws and Claws. Boone congratulated the new members of council, and introduced himself and stated that he was here on behalf of Paws and Claws. Boone said that they were here last year about their appropriation request. Boone proceeded to distribute brochures from Paws and Claws. Boone said that unfortunately he was here to tell council that Paws and Claws budget from last year was very slim and that he would like to ask if council would consider reinstating the $10,000.00 that council did year before last. Boone said that they based their budget on that then, and that it was reduced to $5,000.00 last year and that he didn’t know about this year. Boone said that the job of Paws and Claws job had not diminished and that in fact it is probably getting more and more every day as we get on about the county and people calling in. Boone said that they had probably spade since this time last year over 500-600 animals and a lot of those come from McIntyre, and explained that McIntyre didn’t have a monopoly on that, that it was all over the county, but said that in a period of last summer they picked up about 30 to 35 from McIntyre, saying that some were puppies. Boone said considered the size of McIntyre now, that we have a lot more population than we use to. Boone said those close to Irwinton had more in that area. Boone said that they certainly had put down more than $10,000, but would certainly appreciate that. Boone said that the budget was in the packet, and it shows their proposed and anticipated operations were about $89,000.00 assuming that they could get the appropriations from the county and the cities that they had put in there, and said that some of those were very minimum amounts and that they based it on budget and that sort of thing, and with McIntyre’s budget being around 1.2, that they were requesting less than 1% of the budget. Boone said that he would like to suggest one thing, that there may be a way to pay for that without costing the city a whole lot of money. He said that the city already had a lease law, that there is ordinances the city could pass requiring license, rabies tags and shots, and those sort of things for $4-5 per animal, then the city could easily collect $10,000.00, and that it could help identify what animals are strays and who they belong to. He said that no identification for the animal was hard on organizations like them. That it presents a dangerous situation for those who collect them. Boone said that he understood that they had a lot on the agenda tonight and didn’t want to take up a whole lot of time. Boone said that he would like to address any comments or questions council might have about what they were doing. He said that they were the only animal organization within the county that did this sort of thing. Boone said that they appreciated the city’s support in the past and looked forward to getting support in the future. Mayor Horne thanked Mr. Boone, and asked council if they had any questions. Myrick asked how much had been budget for Paws and Claws, Mayor said that it was $2,500.00. Myrick informed Boone that was what had been budgeted for 2012; Boone asked if that could be increased, Myrick said that you could ask, and the Mayor said that it could be considered. Boone asked if the budget was final yet, Mayor Horne said that it was not. Boone said that they appreciated that, but would appreciate an increase, because if you looked in the packet you would see that they spend $2,000-$3,000 a month on boarding expenses added to rescue and other expenses it doesn’t go very far. He said that all the workers were volunteers and had one with him tonight. Moore asked Boone how many animals did they pick up in McIntyre and what did he think the cost was for those animals last year. Boone said that they picked up about 40 animals in that one span in the summer and you add probably 10 –15 for the rest of the year, about 60 animals at a cost of, depending on what needed to be done, probably around $150-200 per animal and you’ve reached that $10,000.00. Boone said that they had several volunteers boarding at very little cost, so they don’t just dump at the vets if they don’t have to. Boone reiterated that their main focus was to have animals spade and neutered because that is the only way the problem is going to go away. Carswell commented that with putting in the ordinance about charging the residents here is going to put us in a situation of putting up with more stray animals because people are not going to step up and say they own these animals then you are going to have more dogs and other animals turned loose and it will increase the problem we already have. Carswell said that it is a thought to do, but that it would increase the problem that you already have. Carswell said that if you start going around citing these people for animals not having shots, then people are going to start turning their dogs loose, because they don’t want the police to come around giving fines because the animals aren’t tagged. Boone said that he understood the point, but unfortunately the animals are already there. Carswell said that even the people that have the animals on chains or fenced and are housing and feeding them will turn them loose because they don’t want to be charged. Boone said that is when it becomes a court matter and the judge can say in court and make them pay the fine, and make them pay the cost of having a dog or cat picked up. Carswell said that if it isn’t already tag, then he didn’t believe that anyone would claim ownership. Boone said that they have had that pulled on them before, but if you go around to that house and you see an animal hanging around someone’s house then it’s their dog. Boone said that they can deny it, but it would be a matter of proof in the Court. Scott said that she thought that they should let them know later.
Shawn Ring who was speaking on behalf of Chief Amerson concerning the application for C&C lounge. Ring presented information given to him by Amerson from the ordinance, reading from the ordinance that discussed other criteria declared to be in the publics interest, and that the main part was whether or not the applicant has previously had a beer license revoked, that it is the declared policy of the council that no person, firm or corporation who’s license has been previously revoked shall be issued a license, no license shall be issued under the provision of this section to any person who is in fact a front for any person, partnership or corporation who’s license had been revoked. Ring said that Shinholster’s license had been revoked with C&C lounge in Gordon, for several incidents that had occurred there. Ring said that Amerson has gotten copies of several of the incidents that has taken place there. Mayor Horne asked to see the reports. Myrick said that Shinholster’s license had been revoked because of a shooting of a man at Bumper to Bumper. Myrick said that it might have occurred there. Ring said that according to the report the shots originated at the C&C lounge. Myrick said that Shinholster couldn’t control what happened on the outside. Myrick said that the owner is going to get punished because he can’t control anything going on outside. Ring said that it is his property. Myrick said no, that he couldn’t do that, that it was impossible. Horne asked what did closure mean. Ring said that the call was for assistance from law enforcement in helping close the bar down, to get the crowd out. Horne asked if he called and asked for assistance, Ring said that he had on several occasions. Horne confirmed with Ring that it is in our Ordinance. Ring said that he had a highlighted copy of the ordinance section. Horne asked City Attorney David McRee his opinion. McRee said that section 17 which reads Other Criteria Declared To Be Of The Public Interest, are all factors to be considered by the council whether or not to issue a license. On the subsection E that Wayne has sited to Shawn, it was written in a shall language, that it reads whether or not the applicant has previously had a beer license revoked, it is the declared policy of the council that no person, firm or corporation who’s license has previously been revoke shall be issued a license. Horne said so council could make the decision whether or not to do it, that it wasn’t written in stone that they couldn’t. McRee said on all the others but this one said shall not be issued a license if they had one revoked already. Mayor said that where it says no license shall be issued, what is the difference in the terminology than just saying you can’t issue. McRee said that there was no difference, and explained that the way it was written, that if a previously one had be revoked another one shall not be issued. McRee said that the way he looked at it that it was not discretionary, and that there are several other factors in several other sections of the ordinance that are discretionary factors for the council, but that one appears to be worded in a way not to be discretionary. Mayor asked if she could go back to get something clarified, and asked what the difference was with what Council did with Billue’s place, was it that we revoked is license temporary or probation. McRee said that his license had been suspended and that he didn’t know if Shinholster’s had been revoked or suspended over in Gordon, but the one that Council did here was a suspension. Myrick asked if the ordinance he was reading McIntyre’s or Gordon’s. It was clarified that he was reading McIntyre’s. Mayor asked Ring if Shinholster’s license were revoked. Ring said that he had spoken with Sgt. Ussery, and that he said that Gordon’s council did revoke the license. McRee suggested that this particular one be tabled until they have something from the City of Gordon Authority on whether the license had been suspended or revoked. Mayor asked Clerk to get information from the City of Gordon. Horne asked, pending on what they say, if they say that they have been revoked, then McIntyre can’t do anything, or do you have to bring it back. McRee said that with the way the ordinance is worded, if the license had been revoked, then you couldn’t issue one. Mayor Horne tabled the issue, until McIntyre finds out something from Gordon. Mayor Horne said with that being said, if the license were revoked then council would have to follow what our ordinance reads.
Clerk Roberts presented council with a Beer and Wine Application for Corner Lot Sports Bar Café, owners Torrey Hill and Brandon Jones. Ring presented information about one of the owners, Brandon Jones, stating that he has charges pending here in McIntyre for misdemeanor marijuana possession. Ring also that when running his criminal history for law enforcement case, it was noted that he has several more pending charges, drug related, and one for intent to distribute, down around Albany. Mayor asked who the Co-owner was, Ring stated that it was Brandon Jones. Ring said that Chief Amerson was concerned about the charges he had pending and the charges that McIntyre had on him. Ring said that Amerson quoted section 17 of McIntyre’s policy, where it reads Other Criteria Declared to be in the Public’s Interest, quoted that in determining whether or not in any license applied for hereunder shall be granted in addition to all other provisions of this ordinance the following should be considered, the public interest and welfare subsection A of section 17, the applicants reputation, character and mental and physical capacities to conduct business. Ring stated that Amerson had some concerns about Jones. Mayor Horne asked about the other applicant. Ring said that he had not heard of anything on the other applicant, and had no history on him. McRee said that part of the ordinance is discretionary, and that council can consider that, that it is not mandatory that you have to do it, it just there for council to consider. Moore asked if the location was where the old laundry mat, used car lot was. Mixon said that it was. Moore said that the county recreation board was planning on using that ball field. Mayor said that was the plan. Mixon asked about being so many feet. Mayor said that she did not believe there was anything in the ordinance about the feet from any recreation field. Ring read section 15, which contained footage from certain places, including schools, college, public library, motel, motor home court but nothing about recreational facility. Myrick said that it wouldn’t be open every day, Mayor said that the ordinance didn’t read anything for recreational field, and that wasn’t the issue, the pending charges was the issue. Myrick asked if Mr. Hill should apply by himself. Mayor Horne said that was a decision Mr. Hill needed to make, and advised Mr. Hill that council was going to table the discussion until Mr. Hill made his decision. Mr. Hill was advised that if he chose to apply himself he would need to redo his application.
Motion to enter executive session for personnel issues was made by Myrick, seconded by Mixon, no opposition, motion carried.
Meeting was called back to order at 7:17 pm. Neither motion nor vote was taken while in executive session.