F’ville eyes Sunday alcohol sales

Tue, 07/15/2008 - 3:50pm
By: Ben Nelms

New loitering rule would put parents on the hook for children caught ‘hanging out’

The Fayetteville City Council agenda promises to be packed July 17, with consideration of the 2009 budget, a proposal for Sunday alcohol sales, the third of three water and sewer system rate increases, items relating to the proposed Villages at Lafayette retail/office/residential project, proposed changes to the Stella’s Place residential development and a proposed ordinance on loitering.

Council members will consider adopting the proposed $10.588 million General Fund budget. If adopted, the new budget will represent a $470,577 increase for the fiscal year beginning Aug. 1.

The increase, said Finance Director Lynn Robinson, is based on continuing the millage rate at 2.99 mills. It remains to be seen if a net increase will be in the offing.

Up for consideration July 17 will be putting Sunday alcohol sales on the November ballot. Main Street and Downtown Development Authority boards said July 10 that Sunday liquor-by-the-drink sales could allow restaurants to provide full-service operations throughout the week.

Currently within Fayette County, only Peachtree City allows Sunday sales of mixed drinks at restaurants.

The council will also hear the first reading of the proposed loitering ordinance. The ordinance defines loitering and includes a provision for a person fleeing the scene in an attempt to elude law enforcement.

If the offender is a minor, the parent or guardian will be given a warning citation on the first offense, with more severe outcomes for repeat offenses. The city already has in place a teen curfew ordinance.

On a topic related to increasing consumer costs, the council will hear the first reading of the third phase of water and sewer adjustments implemented in 2006.

If approved, the increase will affect sewer rates only, amounting to an increase of $5.78 to the average bill, Robinson said. The base rate for residential customers would increase from $13.20 to $15.95, from $11.22 to $13.56 for seniors and from $25.20 to $27.95 for businesses. The usage charge for all categories would increase from $2.30 to $2.85 per 1,000 gallons over the 2,000 gallon base.

Robinson said the three-part increases, implemented on an annual basis, were established in 2006 to ensure that the city has adequate financial resources to meet long-term needs of the water and sewer systems.

Council members will also hear the second reading of an amendment to the Villages of Lafayette retail/office/residential development proposed along Ga. Highway 54 between Meeting Place Drive and Lafayette Avenue.

The proposal for the 162,850-square-foot development was tabled in May to allow developers to review options and pursue another anchor tenant after being informed that LA Fitness had withdrawn its interest in the development.

The 13.7-acre development would include seven buildings, including the 45,000-square-foot anchor and a pair of two-story retail/office/apartment buildings on the development’s east side near Hampton Inn.

On another matter, city planning staff are recommending approval of a request that would rezone the Stella’s Place residential development on Grady Avenue from R-22 Planned Unit Development (PUD) to MO (Medical Office), a zoning category that would accommodate attached residential units for older adults.

The city’s Planning and Zoning Commission June 24 recommended approval of the 86-unit development. The first reading and a public hearing on the proposal will be July 17.

On the new city budget, Robinson said the increase over the current year reflects increased jail costs, increases in 911 center costs and personnel increases.

Proposed personnel increases of 2.5 percent and benefits such as increases in health insurance total $224,000 while increased jail costs are slated for an additional $160,000.

This is due to increased housing costs as persons not paying fines are incarcerated, Robinson said. The other significant increase totaling $113,000 is anticipated for 911 services. Robinson said supplies and debt service is budgeted for a $65,000 decrease in the 2009 budget.

Also included in the increases is a $37,000 item for nine firefighter positions. Robinson said a firefighters’ grant pays for 90 percent of the cost, leaving the city responsible for the remaining 10 percent, or $37,000.

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bad_ptc's picture
Submitted by bad_ptc on Thu, 07/17/2008 - 2:38pm.

Supreme Court strikes down loitering law

"(6/11/99) The Supreme Court ruled that a Chicago anti-loitering law is unconstitutional because it violated one's first Amendment right to assemble peaceably. This ruling indicates that the Supreme Court may eventually rule that curfews, which also indirectly restrict public gatherings, are also unconstitutional."

"Justice John Paul Stevens, a Chicago native, said, "in this instance, the city has enacted an ordinance that affords too much discretion to the police and too little notice to citizens who wish to use the public streets." He wrote that the ordinance, which gave police authority to disperse and subsequently arrest known gang members and those associating with them, was a "violation of freedom of assembly."

"It criminalized status, not conduct," Stevens wrote. "It allows and even encourages arbitrary police enforcement." It is "impermissibly vague on its face and an arbitrary restriction on personal liberties."

Submitted by 30YearResident on Tue, 07/15/2008 - 9:51pm.

...have no say so when it comes to their childs sex education in school,
...have no say so when schools pass out condoms to their children,
...have no say so on their child getting an abortion,
etc., etc., etc.,

But are totally liable when the child is said to be "loitering"

Government has gotten out of hand.

Submitted by citizenal on Thu, 07/17/2008 - 1:52pm.

The issue here is that the government has no right to hold third parties responsible for other's actions. I agree that it is a shame on parents that don't care but it is the child's reponsibility for their actions. Loitering is a bit of a fuzzy concept anyway. Give a shop owner the right to tell people to stay off his property - it should be his right anyway.

Any council that votes to hold parents responsible for their children loitering is the embodiment of this quote:

“Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their consciences.” —C.S. Lewis

Submitted by boo boo on Thu, 07/17/2008 - 9:04pm.

What is Government itself but the greatest of all reflections of human nature.
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." Said by
James Madison our 4th President of the United States a very Wise man.

bad_ptc's picture
Submitted by bad_ptc on Thu, 07/17/2008 - 9:22pm.

birds wouldn't mess with them.

Said by 'UNKNOWN'.

Submitted by concerned SHME ... on Wed, 07/16/2008 - 10:09am.

don't care enough about their kids to keep track of where there are, what they are doing, and who they are with! Parents and the child should be held accountable for the actions of that child. Parents should teach their children right from wrong. Parents should love their children enough to discipline them when necessary and tell them no when necessary. And, parents should love their children enough to spend time with them. We are all human - everyone makes mistakes . . . parents and children, but parents need to stay more involved in their childrens lives, especially when they are teenagers.

zoes's picture
Submitted by zoes on Tue, 07/15/2008 - 5:42pm.

I am going to try to get there on Thursday to see how this Sunday Alcohol Sales thing is handled. It seems like it will be a no-brainer for the downtown redevelopment; however, the lame arguments against it should be entertaining!

slider's picture
Submitted by slider on Tue, 07/15/2008 - 4:15pm.

I have a 17 yr old son . I know where he is and pretty much what he is doing all of the time. Because I care enough to ask questions and keep up with him. He is not out there "hanging out", so this will have zero effect on him or me.

Too many parents dont care enough to keep up with thier kids, where they are or what they are doing. This ordinance is to address the problems these kids cause.
Thank you Fayetteville for having the foresight to take measures to prevent crime and keep youngsters in a safe environment by not letting them hang out on the streets and in parking lots.

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