The Town of Newborn



The Town of Newborn

Special Called Meeting Minutes

February 21, 2011

7PM

Present: Mayor Roger Sheridan, MPT Tom Krieger, CP Ellwanger, CP Downs, CP Donaldson, Clerk Elisa Rowe, Attorney Joe Reitman, Deputy Doug Clifton.

Approximately 11 citizens were present.

I. CALL TO ORDER: Meeting was called to order at 7PM by Mayor Sheridan

II. INVOCATION: CP John Donaldson

III. PLEDGE OF ALLIGIANCE: Lead by Mayor Sheridan

IV. APPROVAL OF MINUTES: February 7, 2011: CP Ellwanger made a motion to approve the minutes of February 7th.

Motion: CP Ellwanger Second: CP Downs Approved: 5-0-0

V. OLD BUSINESS:

**Mayor Sheridan recognized Deputy Clifton to update everyone on news or updates in Newborn. Deputy Clifton stated that the neighborhood watch meeting was held on February 17th with about thirteen people in attendance. The next tentative date for a NWM is March 24th. Deputy Clifton stated that the county crime map will be on the Town website each week. Mayor Sheridan stated to Deputy Clifton that he had heard he had written out some tickets last week. Deputy Clifton stated that while in Newborn last week, he wrote out nine (9) tickets in an hour. **

A. Firearm discussion: Rebecca Hynum and J.W. Cummings:

Mayor Sheridan stated that this is a disagreement between two neighbors, it is not the Town’s position to straighten this out for the two neighbors, they have to get along and work it out. The Mayor added that we have looked at the zoning and the law that we have on hand, Section 31-101 Discharging Firearms, and based upon input we have come up with three possibilities for sorting this out. We can stay with the original as it is now, we can go with a completely revised ordinance, or we can go to an amended ordinance. Mayor Sheridan asked if either party had anything to add to what was said last week, but added that we do not need to listen to what went on before, we have all of that in the minutes, but we would like to hear if you have any new information, evidence, etc. Before Mr. Cummings or Mrs. Hynum spoke, Attorney Joe Rietman stated that he had been thinking about the concept of using the Agricultural zoning as a basis for the amended ordinance, because it is a zoning matter, if we are going to change that you can have some preliminary discussion on that tonight, however to actually change it to say, “you can only have firearms discharge in an “A” zoning district”, you have to put the notice in the paper 15 days prior, and so forth before implementing the change. You can discuss it tonight, but you cannot implement that change until you go through the proper protocol if that is the route the Mayor and Council decide to take.

Mr. J.W. Cummings: Mr. Cummings stated that MPT Tom Krieger came to his home, and the two employees with the city measured the distance, and asked Mr. Krieger if he was within the ordinance. MPT Krieger stated that he was. Mr. Cummings stated that he did nothing wrong. Mr. Cummings stated that he has documents where Mrs. Hynums kids paint balled his shop and rather than pursue it, he dropped it. Mr. Cummings stated that he does not know how to cope with the problem with Mrs. Hynum; nothing he does pacifies her. Mr. Cummings added that Mrs. Hynum is shooting in her backyard, she is hollering at him, and she is in her own yard shooting too. Mr. Cummings stated that Mrs. Hynum has called on him even when he is eating at I-Hop and she claims he is at home shooting, there is no way. Mayor Sheridan stated to Mr. Cummings that was discussed at the previous meeting and it is in the minutes, and he would like Mr. Cummings to present any new information or evidence, not to go back and state what has already been said.

Mrs. Rebecca Hynum: Stated that she would like to once again state that this is not a neighborhood dispute in anyway, shape or form. She is not the only one that feels this way.

Mayor Sheridan stated that it is up to the board to decide if we want to stay with what we have, go to the large change, or an amended change. Mayor Sheridan added that we have checked with the other Towns in the County and also with Social Circle; who does not allow any shooting in the Town. Mansfield, Porterdale, and Covington do not allow any shooting in the Town; Rutledge allows shooting if it is 350 yards from the property line; that is a quarter of a mile, so that practically stops any shooting in Rutledge. CP Donaldson stated that if you look at Exhibit “A” of the amendment that the Attorney presented, the third paragraph reads: “No pistols, revolvers, muzzleloaders, rifles or similar firearms discharging a bullet or ball or slug are allowed in said hunting. Only shotguns may be used, and only #7, #8, and similar shot, known as birdshot or target loads, may be used. The largest permissible caliber allowed is 20 gauge, and no magnum loads may be used”. CP Donaldson proposed that we take that paragraph as it is and include in the first paragraph of the amended copy that CP Ellwanger submitted. CP Donaldson stated that the most dangerous thing about shooting is rifles and that the rounds carry so far, and like the Mayor has stated, no shooting is allowed at all in other Towns, and it seems if we are going to allow any kind of shooting, it would be the safest kind of shooting as possible. CP Downs stated that excludes everything but a 20 gauge shotgun. Attorney Joe Reitman stated that is correct, basically 20 gauge or smaller shotgun. CP Donaldson stated that maybe we should change the sentence to read “the only permissible firing will be with a 20 gauge” CP Ellwanger asked CP Donaldson if he meant that only the shotgun can be used in Zone “A”. CP Donaldson stated absolutely, according to the amendment submitted by CP Ellwanger there will be no firing anywhere else except the areas that are zoned agricultural, the only safe weapon to fire is a shotgun. Attorney Joe Reitman stated that a 20, 28 or 410 would be alright. CP Ellwanger stated to all citizens in attendance that if they would like to look at the zoning map, anything that is in green is zoned agriculture, that is “A” only. CP Donaldson stated that this had the advantage of being outside the area where houses are. Wanda Cummings stated that some of their property is zoned “A”. CP Ellwanger stated that she thought they were zoned “AR” (Agricultural Residential). Wanda Cummings stated that not the whole property is zoned “AR”. Mayor Sheridan stated that according to the zoning map, they are “AR”.

Wayne Sams: Mr. Sams stated that he has looked at the current firearm discharge ordinance and the way it reads, 250 feet from a public road or 150 feet from a property line, that pretty much excludes everything but agricultural.

Wanda Cummings stated that the current ordinance does not exclude their property as they have had it measured and have been told we are following the present ordinance.

Patrick Kearney: Mr. Kearney stated that he has done some research on his own, looking at the different municipalities close by; Rutledge, Social Circle, Oxford and Covington. In Mansfield, you cannot shoot at all, and that ordinance was changed in 1972, a lot of these, in the last 20-30 years, have changed to where you cannot shoot there, plain and simple fact. Rutledge is 350 yards, and that is a long, long way.

Jackie Sewell: Stated that he has been listening to all of this, and we keep comparing Newborn to Mansfield, Newborn to Covington, are we Mansfield, are we Covington? No, we are Newborn. Do we want to be Mansfield; do we want to be Covington? We have our own identity and wanted to know why we keep comparing Newborn to other towns. Mayor Sheridan stated that in comparison, these other Towns which are almost our size, have laws that do not allow any shooting. Mr. Sewell stated that we have one about “out and out shooting”. Mayor Sheridan stated that if this hadn’t been stirred up, we probably would not be talking tonight about what we are talking about, but it has been stirred up and something has to be done to stop it. Mr. Sewell stated that he knows of folks that do shoot in Mansfield, if they need do, squirrels, and no one says anything. Mr. Sewell stated that he does understand about getting along with your neighbors.

CP Donaldson asked Attorney Joe Reitman what the steps would be to make a change to the ordinance. Joe Reitman stated that the Mayor and Council would instruct him to move forward with a proposed zoning change as he has heard the comments tonight, and he has a pretty good idea where this is going; which is to add the one paragraph into the version that CP Ellwanger has proposed. That would be easy enough to draw up. Then the ad has to go into the newspaper 15 days prior to the next meeting. You would have a public hearing, and a zoning hearing, or it is not legal. Mayor Sheridan asked what steps do we need to take. Attorney Joe Reitman stated to vote tonight for him to move forward with drafting the language for further consideration and discussion on the 21st of March, and for the Clerk to run the notice in the paper.

Mrs. Hynum: Stated that she is in agreement with Patrick (Kearney) and she knows that the Mayor and Council are trying to do the best that they can, but we can’t please everyone. She does not feel like guns should be a part of our daily life in Newborn. We are growing and getting bigger with more and more people coming in. If we allow guns for one spot, then the others are going to say “why can’t we” and they are going to go ahead and continue to shoot anyway. Mrs. Hynum added that she would really appreciate it if the Mayor and Council would think about that. Mrs. Hynum stated as an example (and she is not trying to point out anybody) but for instance with Sam Walton. He lives right next door to a church and there are a lot of people all week there, and she does not think, if he shoots in his backyard, that is 150 feet to the church and that is something to think about. Mrs. Hynum added that people are also walking throughout town, even if they don’t own a piece of property. We have to safeguard their position when they are walking down the sidewalk; and a lot of people go for evening strolls. It is something to think about it, and she would appreciate it if they Mayor and Council would consider that. CP Donaldson stated that a lot of little towns do not have agricultural property inside their city limit and that kind of makes Newborn different.

B. Firearm Ordinance: CP Donaldson made a motion that we move forward with the Ellwanger amendment with the third paragraph from Exhibit “A” as our new discharge firearm policy. CP Downs stated that he will not go along with any agricultural ordinance because his property is six (6) acres and it is not agricultural; it is over 900 feet from the road to the back of his property; we don’t have to have that. If you have in there 20 gauge or lower, with no rifles, what is the problem. Ted Sheldon (Planning and Zoning member) stated that agricultural, according to zoning, is ten (10) acres or more. Mrs. Hynum stated that the difference between a shotgun and the others is that a shotgun may not kill you, but it can certainly put out eyes and maime someone pretty severely so she would appreciate if you would consider that too. Wanda Cummings had a question regarding zoning, Mr. Sheldon stated that 10 acres or more is considered agricultural, but if it is not on the zoning map, is it still considered agricultural.

Mr. Sheldon stated that anything green on the zoning map should be considered agricultural. Wanda Cummings stated that their property is twenty something acres, but we are being told that we are not agricultural, but AR and that would mean to us the no shooting factor. CP Downs made a motion to go with the ordinance (Exhibit A) that the attorney drafted. CP Ellwanger stated that would allow shooting between 10AM and 3PM on weekdays. CP Downs stated that if you take a 410 or a 20 gauge shotgun, and go 150 feet, he would let you shoot at him all day long because it will not reach you. Mayor Sheridan asked if anyone would like to make a motion on what we move on. CP Downs stated that he just made a motion to approve Exhibit A that the attorney drew up. Attorney Joe Reitman stated that subsection A of Exhibit A allows for nuisance small game hunting and limits the hours in the recognition that you have a neighborhood scenario. There are other limitations in there also, regarding birdshot, and no larger than a 20 gauge. There are some exceptions, under subsection B; if you have nuisance birds and the County Board of Health says it is an issue. The most important exception is under subsection B, item number 2. This one is not subject to those time constraints; if you have a larger acreage tract, where you can shoot at least 200 yards away from property lines and roadways. It is not tied to acreage, it is not tied to zoning, but it does say you have to be at least 600 feet away. That is the one that allows you to get by without having to worry about the zoning issue. It does allow the larger shot, such as buckshot and slugs. CP Ellwanger stated that she thinks it is too complicated, and unenforceable. For example, she hears a gun go off at 3:15 and she calls 911 and she thinks it is coming from Mr. Smith’s property; the police go over to Mr. Smith’s, and Mr. Smith said yes he did shoot his gun, but he shot it at 5 minutes till 3, she doesn’t know what she is talking about, it wasn’t 3:15. Then she could say she heard Mr. Smith shoot a rifle, and Mr. Smith said, no I didn’t, I shot a shotgun with a #7 shot, and I am perfectly within the ordinance; CP Ellwanger stated again, it is just unenforceable and too complicated. Attorney Reitman stated that you get into prosecution issues with any case and you will always have enforceability challenges. Mr. Reitman added that the purpose behind the detail is to try to be as fair as possible, and even more importantly to emphasize safety. Mr. Reitman stated that he would agree that Exhibit A has more paragraphs and it is a little more complicated, but most of that was put in for safety reasons. Mayor Sheridan asked if there were any more comments. There were none. Mayor Sheridan asked for a vote for the motion on the table to approve Exhibit A ordinance. CP Downs voted in favor, with CP Ellwanger, CP Krieger, CP Donaldson and Mayor Sheridan against.

Mayor Sheridan asked what the board would like to do on this; we have to do something. CP Ellwanger stated that since it only involves one shooter, as far as we know, that he could say “I won’t shoot anymore, it bothers and frightens my neighbors. CP Donaldson stated that would not work, we will have to have a policy. Attorney Joe Reitman stated that at the last meeting, J. W. (Cummings) agreed to use the 410 caliber, which will help, but will not remedy the situation completely, but it is better than a 12 gauge. J.W. (Cummings) stated that he has never heard of anyone in Newborn being hurt by firearms, and asked if anyone else has. Patrick Kearny stated that a few years back, in one of the developments, a husband shot and killed his wife, if that applies. Mr. Sewell stated that is domestic and we are not talking domestic. Mr. Kearney stated that the question was asked if anyone had been hurt by firearm. J.W. (Cummings) stated that is one person who used a pistol. CP Donaldson stated that the question is just not inflecting damage; it is aggravation and noise pollution; and just the firing off of the weapon right next to your neighbor. CP Donaldson added that whether it is safe to stand in front of a shotgun or not, it is whether you want someone firing a shotgun at the house right next to you; and as it has been brought up a couple of times tonight, most towns our size don’t allow shooting at all; people see it as a threat. CP Ellwanger stated that a couple of years ago, in a community where she lived, a hunter thought he was obeying all the laws, he was a good hunter, hunted all his life; he shot, missed, the bullet ricocheted, went through a school bus, through the temple of a little girl and killed her. CP Ellwanger added that it is not worth taking a chance, we live in a community; a residential community. You don’t have to shoot squirrels; you don’t count on squirrels for your livelihood or for your food. You don’t have to, if you want to shoot, you go to an area where there is hunting, Charlie Elliott, etc; there are places to go to shoot. This is 2011 and guns don’t have to be a part of your life anymore; they don’t have to, there are safe places to go to hunt and if there is even a tiny fraction of a chance of hurting or injuring someone, and you are behind a gun when it happens, you could lose everything. The fine in Georgia for injury is $500,000.00. J.W. (Cummings) asked CP Ellwanger if her grandchildren shoot behind her house.CP Ellwanger stated they do not behind the house, they go way out in the field, but they are not going to do it anymore. CP Ellwanger added that she has already told her son and her grandson about it, and what might happen and they said so be it; they will go to Charlie Elliott. J.W. (Cummings) asked CP Downs if he would shoot squirrels if they got in his house, and CP Downs stated he would if they got in there. Mayor Sheridan stated to J.W. (Cummings) that he has been shooting squirrels thirty (30) years and you still have them; other people have squirrels and they get an exterminator or they put wire up on the opening in their house. You have not found a solution on getting rid of your squirrels, you keep shooting the squirrels and this whole thing started with two people that couldn’t get along as neighbors and this is what we have evolved to. CP Donaldson stated it is more than two people, there are more families involved than two families and more families have spoken up tonight than two families.

CP Donaldson made a motion to go with CP Ellwanger’s amendment with the provision of paragraph three (3) of what the attorney did. Attorney Joe Reitman stated that we would proceed in the Zoning direction which would not be an approval tonight.

Motion: CP Donaldson Second: CP Krieger Approved: 4-0-1

CP Downs stated he is definitely opposed and he will continue to shoot his gun if he wants to, and that is a fact. CP Donaldson stated that he does not know of a better solution. CP Downs stated that J.W. (Cummings) has been shooting a gun for thirty (30) years, and has anyone said one word against it except Mrs. Hynum all of the sudden. Mrs. Hynum stated she is not the only person who has complained. CP Downs stated that Mrs. Hynum has protested everything that has happened around here for the last ten (10) years. Mrs. Hynum stated that she resents that. CP Downs stated that if you look back on the records of every time you called City Hall you will see. CP Ellwanger stated that she would like to hear from Deputy Clifton, she believes he can address the issue. CP Donaldson stated that a vote has been taken. Attorney Joe Reitman stated that we have the hearings upcoming, tonight is just a vote to move forward to a formal hearing. CP Ellwanger again asked Deputy Clifton to address everyone.

Deputy Clifton stated that he did not know how he could interject in this except from a law enforcement standpoint of view. Deputy Clifton added that he has been doing law enforcement for 34 years which requires him to carry a weapon, and carrying that weapon requires certain rules, regulations, and guidelines that we must submit to and abide by. Anytime you use a weapon, the user of the weapon is responsible for where his rounds go and anytime you discharge a weapon, those rounds go down range, they constitute deadly force being used whether you are out hunting rabbits, squirrels, or anything like that. In context to that, there have been several instances in surrounding communities where people have discharged weapons practicing, and this happen in Newton County several years ago, where two gentlemen were practicing with an AR15, 223 round, going through the woods traveling to a home, subsequently killed a lady. Both of those gentlemen were charged with second degree murder, went to trail and several other things happen. Deputy Clifton went on to add that Newborn is a small community, and he is your officer for this community and he has to respond to everyone’s request for services. Deputy Clifton stated that he can not officially say either way a stance on what you are entering here, but he can provide us with what the Sheriff’s department response to any type of discharge of a weapon is. Whatever the city or county ordinance is, we are required to enforce that, and we will do that effectively. Deputy Clifton stated that Sheriff Brown has instilled in him that responsibility to you as your community officer; whatever you enact, I will enforce to the letter of the law. Safety is an important thing, and this community is growing; we are not a rural, residential community anymore. We have a lot of people traveling through here, a lot of people who walk through here, and a lot of people visiting this community. Deputy Clifton added that what the Town does now and move forward with well set a precedence for how you continue to grow, so he strongly encourage each and every person involved in this to take a step back and evaluate what you are doing, and look at it as a whole, as a protection and the safety of the community. Deputy Clifton stated that he is an avid hunter; he has five (5) acres and lives out in the County, and his residential area is zoned commercial, but he has enough common sense not to go out and discharge a weapon on his property because of the surrounding community houses, and the people that it might possibly affect. We have to use good judgment in the community and that is kind of where he stands. Deputy Clifton stated that he will do whatever the Town people decide to do, enforce whatever you enact and that is his responsibility. Deputy Clifton added that he hopes everyone will use responsibility and good judgment in making these decisions because he will be the one that will have to enforce it. Mayor Sheridan and CP Ellwanger thanked Deputy Clifton. Mayor Sheridan stated that we have voted on the amendment to the ordinance, but that is not a vote that really counts; it just means that we are going to move ahead with this and at the next meeting we will accept any (and in between the next meeting) ideas for improving it, or making a better deal for everybody, if you have suggestions, let us hear it. Don’t seat back and expect the board to do all your work for you, you all live in the town so bring in any suggestions you have and we will certainly consider them. We want to do this right, and we want to do it for the people of this Town, not just for those of us sitting on this board.

C. Forestry Department: Mayor Sheridan stated that Beryl Budd (GA Forestry)

will be using the precinct, along with Deputy Clifton, he will probably only be here a couple of days a month. They are going to use that as their office for this area. They have been very good to us; they have furnished us equipment to do things without charging us, and this is a nice way to pay them back. They will also bring their insignia and we will mount it outside the door so people will know where the Forestry Department is.

D. Railroad to Trails: Mayor Sheridan stated that it is still alive and kicking and that they had a meeting the other day. They are waiting on the review of a contract from the railroad as to how they will accept it. They have said that they will accept partial payments. There has been talk with the new Congressman, and the grant is still there, and we hope that things will move along, but that is where it stands right now.

VI. NEW BUSINESS:

A. Arbor Day: Mayor Sheridan stated that the Arbor Day discussion would be tabled.

B. Newborn Library Service Outlet: Mayor Sheridan stated he would like for the board to approve of him writing a letter to Commissioner Mort Ewing as to what we have done with the library. We had a meeting with the new manager of the library in Covington several weeks ago and told him that our library here had been formed by volunteers and that they have been tying it down to one employee for one afternoon a week, which was not going to get the job done. We have our volunteers, who come out here all week long, and they work along with the County employee and as the word gets out that we are open more hours, they will be using it more. There has been some talk of cutting it down, but cutting it down would not save any money for the County because there is only one employee and she is only out here for four (4) hours. Mayor Sheridan added that the volunteers take all of the information and the employee, by regulation, has to do all the input into the computer. Our volunteers handle it all during the week, and then give her the information and she takes care of it. Mayor Sheridan stated that he would like the board to approve him writing a letter to Mort telling him about this and we want the library kept open. CP Donaldson made a motion to approve the Mayor writing a letter to Mort Ewing and explain our library situation.

Motion: CP Donaldson Second: CP Ellwanger Approved: 5-0-0

VII. PUBLIC COMMENTS:

Wanda Cummings: Wanda stated that this may seem insignificant, but because the newspaper comes and listens and gets articles, she would like it made plain, and she wants the council to understand, that the 35 phone calls from them to the Sheriff’s department were mostly unrelated to Mrs. Hynum or any other neighbor. It was in reference to vandalism or theft by business or at their home and they have never made a nuisance call on any neighbor and that is just for the record.

CP Donaldson thanked Wanda for the clarification because it was misleading and he appreciates her clarifying it.

CP Donaldson stated that he believed a date had been set for the Horneyhead Festival. CP Ellwanger stated that the date would be April 30th. CP Donaldson asked Citizen Linda Woodworth if she had any comments on any plans that had been made, will there be a parade this year. Linda stated that she has not heard anything about the parade, but she has heard of renting booths and the fishing, but she has never actually been to one. Linda added that there will be some kid activities too.

There were no other comments.

VIII. ADJOURNMENT: Mayor Sheridan adjourned the meeting at 7:50PM

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