Busy agenda for city council Monday night

With a lot on its plate for 2012, the Commerce City Council faces a long agenda for Monday night’s meeting at 6:30 in the Commerce Civic Center.

The council will hire an interim city manager (see separate story), resolve its debate over whether re-roofing a house should require a city permit, consider amending its distilled spirits pouring license to cut the rate by more than half (just in the central business district), make plans to provide for an interpreter and public defender for municipal court, and could approve a final resolution to the greenspace controversy at Oconee Pointe Subdivision.



After a lengthy presentation by city code enforcement officer Billy Vandiver at its Monday night work session on the roofing matter, the council appears ready to resolve that issue on Feb. 13.

The debate is over whether re-roofing a house is a maintenance issue on par with painting a house, or whether it’s a construction issue warranting a $50 permit and a pair of city inspections. It’s a conversation that’s been going on for months.

At present the city requires a permit, but at least four city councilmen appear to favor eliminating the permit.

“What I’m hearing is that putting on shingles is like painting a house — it’s maintenance,” noted Ward 3 councilman Mark Fitzpatrick, who said he called a number of other jurisdictions and found that Commerce is alone in requiring permits.

Ward 4 councilman Steve Perry, Ward 2 councilman Darren Ownesby and mayor pro tem Keith Burchett, who was the one initially raising the issue, side with Fitzpatrick.

Vandiver offered a compromise. He suggested dropping the permit for re-roofing with the same materials but requiring a permit when changing from shingles to steel, etc. The council did not indicate how it felt about that proposal.

New Personnel Required In Court

The council finds itself required to hire an interpreter and a public defender for its Municipal Court
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Judge Billy Chandler briefed the council on a state Supreme Court ruling requiring all courts to have a translator on site during court sessions and a new state law requiring the presence of a public defender.

While city manager Clarence Bryant expressed concern about the cost, Chandler said fines from bench warrants alone will cover the cost.

“Right now the court is bringing in enough money on bench warrants,” Chandler said. “I charge $100. You make enough money to pay me, the public defender and the translator from bench warrants.”

Chandler also recommended paying the Municipal Court solicitor $400 a month. The solicitor currently earns a $100 monthly retainer plus $50 per hour.

Chandler said he would have cost and revenue projections for the city council at Monday’s meeting.

Cost To Pour Booze Coming Down?

Also on Monday, the council will consider changing the cost for a distilled spirits pouring license in the central business district from $4,000 to $1,500. The amendment would also allow businesses to pay $750 for a license in their first year in operation.

Restaurants or bars outside the central business district would still pay the $4,000 annual rate — but there are no restaurants serving alcohol in that area now.

Another amendment that could be on the table Monday night is a proposal to allow “special event” permits that would allow the serving of alcohol in outside areas. At the work session, the council did not appear to like the prospect of letting businesses or groups have “beer parties” outside, but after Mayor Clark Hill explained the Downtown Development Authority’s interest in having “adult only” events in Spencer Park, the council agreed to ask its attorney to see if the council can allow such permits but limit them to “public entities.”

Oconee Pointe Resolution?

The council hopes to have word by Monday as to whether the Federal Deposit Insurance Corp. (FDIC) has approved the negotiations between Oconee Pointe subdivision’s residents and Northeast Georgia Bank.

The two sides reached a settlement that will allow the bank to rezone and sell five lots previously earmarked as greenspace, in exchange for additional greenspace elsewhere in the development. FDIC has a say because Northeast Georgia Bank acquired the property when it foreclosed on a loan following its purchase from FDIC of Freedom Bank’s assets.

Public Hearing On Grant Application

At 6 p.m. Monday, the city will hold a public hearing on its plans to apply for a $500,000 community development block grant to rehabilitate sewer lines in the area of Spring, Willow, Harmony and Cotton streets. The hearing will be in the Commerce Room of the Commerce Civic Center.

Then, during its regular meeting, it will appoint Bob Robertson & Associates to administer the grant and Stephenson and Palmer as its engineers.

In making the application, the city would pledge $75,000 to $90,000 in matching funds, according to Bryant.

Other Items On The Agenda

Also on the city council agenda for Monday night are:

•the appointment of two members of the Commerce Civic Center and Tourism Authority. The terms of Rick Massey and Cynthia Newbury expire in March. Both have expressed a willingness to continue serving.

•the appointment of a new member to the Downtown Development Authority to succeed Keith Ariail. The DDA has asked that Chris Bulls be named.

•the signing of an intergovernmental agreement with Jackson County to cover a $1,500 donation to the Jackson County Senior Center. The money will be earmarked to transport city residents to the facility.

•approval of a beer and wine by the package license for La Neige LLC, 571 South Elm Street.

•approval of a the extension of a mutual aid agreement with the Georgia Emergency Management Agency and Homeland Security.

•consideration of a $95,000 budget amendment to purchase a “rubber tired loader.”

•consideration of rehiring Stephan Wilcox to conduct the next city audit. Wilcox has done the past several city audits.

•approve an extension of its water sales agreement with Banks County.