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CC Minutes 09/24/2012
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CC Minutes 09/24/2012
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City Clerk
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City Clerk - Doc Type
Minutes
City Clerk - Date
9/24/2012
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CASSELBERRY CITY COMMISSION <br />Minutes of September 24, 2012 — Regular Meeting <br />Page 15 of 21 <br />reason given for the denials was thatthere was a moratorium in place; however, his understanding was <br />that the moratorium expired September 21, 2012. He further stated his understanding was that the <br />moratorium only applied to new businesses, and he expressed concerns that staff did not have the <br />sameunderstanding. Mr. Black stated that this was not a new business, and lie did not believe tile City <br />had the right to deny a transfer of the business to another party. He requested clarification from the <br />Commission or the City Attorney as to what his next step should be, and also a resolution to the issue. <br />Mayor Glancy explained that the Commission could not give him any feedback at this time, but would address <br />his concerns during discussion. <br />2. Mr. James Fraleigh, 23 Teresa Court, requested the same consideration as the previous speaker in <br />being granted additional time to speak. <br />Ms. Reischmann advised the Commission that in order to be consistent, all speakers on this item should be <br />given the same time consideration. <br />Mr. Fraleigh spoke in opposition to the extension of the moratorium, expressing concern for the <br />hardship it would present on the business of the gentleman who spoke earlier, and also on other <br />businesses in the City. He expressed his opinion that as long as businesses were not doing anything <br />illegal, the City should not get involved. <br />Ms. Laurie Lee, 1200 Riverplace Blvd., Jacksonville, representing Allied Veterans of Jacksonville, <br />explained that Allied Veterans had sold the location in the city contingent upon being able to transfer <br />the business tax receipt, and that the transfer had become an issue. She stated she was familiar with <br />the moratorium and her understanding was thatthe City's intent was to deter new businesses opening <br />in the City before a determination was made on how they would be regulated. She added that the <br />City's moratorium did not include language specifying that it applied only to new businesses, as did <br />those imposed by other cities and counties throughout the state. She stated if the business license <br />could not be renewed or transferred, the City would basically betaking the business away, and she did <br />not believe that was its intent. She added that she had provided copies of statutes, case law and <br />attorney general opin ions to staff supporting her position. She requested that clarification be made in <br />the resolution that the moratorium would apply only to new businesses and not to existing businesses. <br />In response to a request for direction from Mayor Glancy, Ms. Reischmann advised that staff had been dealing <br />with these issues and the ordinance being renewed did provide for how to deal with this type of dispute. She <br />suggested that the resolution be passed as presented, and disputes would be handled at the staff level as the <br />Code contemplated it should be. <br />No one else came forward. Mayor Glancy closed the public hearing relative to Resolution 12 -2416. <br />MOTION: Vice Mayor Hufford moved to approve and adopt Resolution 12 -2416, as <br />presented. Motion was seconded by Commissioner Solomon. <br />Discussion: Commissioner Miller stated thatthe speakers presented a compelling argument and suggested it <br />would be beneficial for Ms. Reischmann to speak to them about the direction they should take and what they <br />could expect going forward. Ms. Reischmann indicated she would do so. <br />
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