December 3/17, 1979 Council Meeting
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SECRETARY OF STATE
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ELECTIONS DIVISION
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DIRECTOR
656-2871
December 7, 1979
Ms. Dusty J. Bennett
Election Superintendent
City of Smyrna
PO Box 1226
Smyrna, GA 30081
Dear Ms. Bennett:
This will acknowledge receipt of the returns of the referendum
election held in the City of Smyrna on November 6, 1979 on the three
Questions based on the "Freeport Amendment" (Ga. Laws 1976, p. 1755).
From the consolidated return sheet it appears that the votes
cast for the three questions are as follows:
"Shall Smyrna exempt from ad valorem taxation, including
all such taxes levied for educational purposes and for
state purposes, the inventory of goods in the process
of manufacture or production which shall include all
partly finished goods and raw materials held for
direct use or consumption in the ordinary course of Yes---1719
the taxpayer's manufacturing or production business No---- 760
in the State of Georgia. The exemption provided
for herein shall apply only to tangible personal
property which is substantially modified, altered, or
changed in the ordinary course of the taxpayer's
manufacturing, processing, or production operations
in this State, provided in Article VII, Section I,
Paragraph IV of the Constitution of Georgia?"
"Shall Smyrna exempt from ad valorem taxation,
including all such taxes levied for educational
purposes and for state purposes the inventory of
finished goods manufactured or produced within the
State of Georgia in the ordinary course of the
taxpayer's manufacturing or production business
when held by the original manufacturer or producer
of such finished goods. The exemption provided for
herein shall be for a period not exceeding twelve
(12) months from the date such property is produced
or manufactured. provided in Article VII, Section
I, Paragraph IV of the Constitution of Georgia?"
Yes---1610
No---- 811
P'
Page Two
Ms. Dusty J. Bennett
"Shall Smyrna exempt from ad valorem taxation,
including all such taxes levied for educational
purposes and for state purposes, the inventory
of finished goods which, on the 1st day of
January, stored in a warehouse, dock, or
wharf whet public or private, and which
are destined for shipment to a final destination
outside the State of Georgia and inventory of
finished goods which are shipped into the
State of Georgia from outside this State stored
for transshipment to a final destination
outside the State. The exemption provided
for herein shall be for a period not exceeding
twelve (12) months from the date such property
is stored in this State. All property that is
claimed to be exempt under the provisions
of this subsection shall be designated as
being "intransit" upon the official books
and records of the warehouse, dock, or wharf,
whether publiC or private, where such property
is being stored. Such official books and
records shall contain a full, true and
accurate inventory of all such property,
including the date of the receipt of the property,
the date of the withdrawal of the property,
the point of origin of the property, and the
point of final destination of the same, if
known. The official books and records of
any such warehouse, dock, or wharf, whether
public or private, pertaining to any such
"in transit property" shall be at all times
open to the inspection of all taxing authorities
of this State and of any political subdivisions
of this State, provided in Article VII, Section
I, Paragraph IV of the Constitution of Georgia?"
The results are being certified to the Governor today.
Enclosed you will find a copy of the certification for your records.
Yes---1546
No---- 847
With best wishes and kindest regards, I am
DSP/des
Enclosure
cc: Honorable George Rogers, Director
Operations and Research Division
Department of Industry and Trade
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ELECTIONS DJVISION
J1rrmu::e... ~_ ;Jflun.ctttt
DIRECTOR
656~2a7 1
December 7, 1979
of the returns of the referendum
November 6, 1979 on the question
so as to authori ze the ~1ayor and
from certain ad valorem taxes
value of the homestead of certain
as least sixty five years of
city for a period of not less
TOY- tjue::>LIOIl an:: a::. 'u, 'UW::'.
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235
to the Governor today.
for your records.
Enclosed
and kindest regards, I am
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El...ECTIONS OtVISION
Jfrnne.elii ~. ;Jflunenn
QIRECTOR
6 56-~2a7 1
that the returns of a referendum election
November 6, 1979 on the question "Yes/No
ed so as to authorize the Mayor and Council
exempt from certain ad valorem taxes an amount
lue of the homestead of certain residents of
least sixty five years of age and who have
r a period of not less than three years?1l
s office and show the following results:
Given under my hand and seal of
office on this the 7th day of
December. 1979.
December 3, 1979
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
at the City Hall, Smyrna, Georgia, on December 3, 1979. The meeting was called to
order by presiding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council
members were present. Also present was City Attorney Charles Camp, City Clerk
Willouise S ivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire
Qlief Don son, Civil Defense Director Jim Farley, Public Works Director J. E.
David, Building Inspector Len Williams and representatives of the press.
Invocation was given by Councilman Elbert Coalson. followed by the pledge to the flag.
There were no citizens reports.
Item 3 on the Agenda, complaint of the road closing into Foxmoor Apartments. was
withdrawn until the December l]th meeting by request of their attorney.
Bid opening: Bids had been requested for one (1) tune-up machine for the garage.
Only one bid was received and it was opened, read and is recorded as follows:
Genuine Parts Co.
Electronic Engine Analyzer 81.1-7008
$1,271.25
Jim Hawkins made a motion the bid be turned over to the Garage Committee with
authority to act. Bill Darby seconded the motion. After discussion the motion
and second was withdrawn. John Steely made a motion the bid received be accepted.
Jim Hawkins seconded the motion and the vote carried by a 7-0 vote.
Variance request: Bill MacKenna requested a variance from the side-lot line
setback restriction from ten feet to four feet, on Lot 19F, left side of Sleepy
Lane. This variance request was necessary due to a sewer line and creek running
through the lot. Mr. MacRenna had presented a letter from the adjoining property
owner, Gerald K. Weiner, stating his approval of the variance. After discussion
Bill Darby made a mot~on the variance be approved. Jim Tolleson seconded the
motion which carried by a 7-0 vote.
TI.ere were no building permits.
Jim Hawkins made a mc~ion the November 5, 1979 minutes be approved as submitted.
Jim Tolleson seconded the motion which carried by a vote of 7-0.
Jim Hawkins made a motion the minutes of November 19. 1979 be approved as submitted.
Elbert Coalson seconded the motion which carried by a 7-0 vote.
Bill Darby made a motion the City request bid proposals for the City audit for
fiscal year ending June 30, 1979, to be opened at the regular meeting held on
7th and the bid to be awarded on December 21, 1979. Jerry Mills seconded
t ion. Jim Tolleson asked how we would notify the audit firms. Gunter Newsom
advised we would send notices to all firms in Smyrna and those that had requested
to be placed on the bid list. The motion carried by a 7-0 vote.
Jim Hawkins read a letter from Robert M. Saunders. President of the Citizens
Advisory Council of Brown Elementary School as follows:
"The Citizens Advisory Council of Brown Elementary School, which is made up of
professional, business and lay people of the community would like to go on record
this time and recommend. that the possibility of, a crossing light be placed at
intersection of McLinden Avenue and Concord Road be considered.
Concord Road, between the hours of 7:30-8:00 a.m. and 2:30-3:00 p.m., is a very
heavily traveled thoroughfare. The contour and size of the road makes it almost
impossible for a driver on the inside lane to see the crossing guard, or the children
crossing the street.
We feel that this is a definite safety hazard and would appreciate any consideration
that you might give to solving this problem.
We have asked Mr. Jim Hawkins, City Council member from this Ward to pursue this
concern for us.
Please accept our thanks on behalf of the boys and girls of Brown Elementary
School for your consideration."
Jim stated he thought this to be a valid request and submitted a petition with
705 si~latures, recommending the traffic light. He recommended one red light to
(Continuation of December 3, 1979 Meeting)
be by the school guar-d.. Jim read a letter from Vic Broyles stating
the of the manually controlled light would be approximately $2000. During
disct:tssion Mayor Johnson stated 'bethought we needed the advice of a traffic
consulta:nt before taking any action, and since this is a State road he thought
the Engineering Department would make a study to see what type traffic
light Was needed. Jack Shinall said we had the same problem at Powder Springs
and Birch, except this was a two-lane street. Jim Hawkins made a motion we request
the State to make a study as to what type light was needed on Concord Road, and
Birch at Powder Springs Street. Jim Tolleson said a light was also needed on Spring
Road in front of the school. Jim Hawkins amended his motion to include Spring
Road in the study. Jim Tolleson seconded the motion. Vote on the motion to amend
carried by a 7-0 vote. Vote on the main motion carried by a 7-0 vote.
Committee reports: (Finance) Bill Darby made a motion
to purchase turkeys for city employees for Christmas.
motion which carried by a 7-0 vote.
that $1821.60 be set aside
Jerry Mills seconded the
Bill asked Gunter Newsom the status of the budgets.
the first draft.
Gunter stated we now have
(Streets) Jerry Mills gave a report on the study that has been completed, and
cost figures to install a red l.ight at Spring and Smyrna-Roswell Road. Labor and
materials for installation are not included in the price of $5465.
Planners and Engineers Collaboratives proposal for engineering the four-lane road
lines for Pasadena Blvd., in the amount of $16,500 has been recommended.
a motion this money be approved and the Mayor authorized to sign the
Planners and Engineers. Jim Hawkins seconded the motion which
7-0 vote.
Jim Hawkins asked to make the fol.lowing personal remarks:
"As most of you know there were three articles run last week in the local news-
papers relating to an incident that I became aware of a document at City Hall and
I felt was pertinent and important at the time--it was a document from ARC
dated back in February, 1979 notifying this City of the Paces Ferry Woods Apart-
ments. When I became aware of that document I believed at that time that certain
officials in this City were aware of that project and didn't come forward with
that information. I took this document to Mr. Cochran who was a candidate at that
time and showed :Lt to him. I later returned that document to City Hall. I freely
of my own will and volition offered this information to this Council. I freely and
of my own will and volition gave this story to the newspapers. I freely of my
own volition gave this information to Police Department. I exceptions
to article in the Smyrna Neighbor the Cobb Extra. I think were fairly
articles. However, I take great exception to the article that was written
in Daily Journal. They refer in that article to a "stolen Letter",
implying indirectly that I had committed a crime. I have been serving this council
for 2~ years. I have never taken so much as a pencil or pencil eraser that did
not to me that belonged to the City. I have never knowinglY or wi.llingly
told a to anybody in the City. This kind of allegation I think is un-
founded. As an elected official I have little legal recourse against the news-
PilPe.l7s. the case of Sullivan the New York Times, it says an official.,
must mal.icious intent by a newspaper before they can take legal action. To
prove in a court case is one thing, to prove intent is a very difficult thing
to do. I am asking the Marietta Journal to print either an apology for using the
term "stolen letter" implying that I committed a crime, or print a retraction. If
they see<fit to do neither; then I challenge anybody in the Marietta Journal or
any me:rnber of this body to charge me with the crime and at least give me the
to take my case to court before a judge and a jury so they can decide
my guilt or innocence based on facts, not wild allegations. Also in this same
article it eluded to the fact that one member of this council was very adamant in
asking for my resignation. I do not know who that person is nor do I particularly
care. I will state that no amount of terror, no amount of outside pr-essure and
of threatening phone calls to my employer--which has happened and I can
ever make me consider the possibility of resigning this position.
position at the pleasure of the people of the fourth wal7d of Smyrna.
here and when they see fit to remove me I will leave this council with
my conscious clear and my heart pure, knowing that I have not ever
crime..ff
I
They
my head up,
committed a
Jack Shinall advised we
and the County
notified by the Cobb County Marietta
of an increase in water and sewer
(Continuation of December 3, 1979 Meeting)
rates. The increase in water rates is 27 percent, sewerage treatment is 50 percent,
effective January 1, 1980. Cobb County sent a copy of a study completed by them
in accordance with Environmental Protection Agency requirements. Hopefully we can
get the county to help us with a rate study.
(Police) Elbert Coalson read a letter from Police Chier R. E. Little, reporting
on the investigation into how s 1.etter rrom the desk of Gunter Newsom got into the
hands or Maurice LeFevre. The letter read as follows:
"Pursuant to the request of Mayor and Council., I have made an investigation into
the circumstances involved in a copy of a letter which was in Gunter Newsom's desk
getting into the possession or Maurice LeFevre.
My investigation rerlects that said letter and the accompanying documents attached
thereto were taken from the desk of Gunter Ne''I7som by Councilmen James Hawkins and
Jim Tolleson. The Councilmen carried the documents to the police station for the
purpose of making copies or same but were unable to do so as our copy machine was
not working. This incident took place about 11:00 p.m. on a Friday night prior to
the letter being presented to Council by LeFevre on October 15, 1979. Upon being
unable to copy the documents at the police station, Councilmen Hawkins and Tolleson
carried the documents to Ted Cochran's office and left them with Cochran over night.
They went back to Cochran's office the following day, got the documents and returned
them to Gunter's desk. At this time one or bo.th of the Councilmen noted several
copies of the letter in question in Ted Cochran's office.
I am informed that Mr. Cochran supplied Mr. Lefevre with the copy of the letter
in question and the information as to where it came from.
The Reporting Officer notes that attached to the original letter was a notation
from Beverly R~ea of ARC dated September 28, 1979, which indicates that the docu-
ments were requested of ARC on September 28, 1979 and were mailed to Gunter Newsom
pursuant to that request. Mr. Newsom states that he received the documents on
October 1, 1979. Since the letter in question was dated February 8, 1979 and the
copy presented to Council did not include the notation attached thereto, the time
factors actually involved could certainly be misleading. Reporting Officer has
no information relative to this discrepancy.
For the information of Council, it is noted ;t;hat Councilman Hawkins voluntarily
verified the facts reflected by the investigation.
It is the opinion of the Reporting Officer that no criminal act is involved in
view of the fact that the persons supplying the documents from the City Hall were
Councilmen and in that position had access to same.
Included with this report is a copy of the letter as presented to Council and a
copy or the letter including the attached notation as it actually existed.
Respectfully, R. E. Little, Chief, Smyrna Police Department"
Jim Tolleson said he thought Jim Hawkins statement was good, but left him out.
He said he was just as involved in this as Jim Hawkins was, and he hoped this was
the end or it.
Announcements: Next Council meeting will be December 17th, CMA Christmas Party
will be December 11th, and the Music Festival and Lighting of the Christmas Tree
in Centennial Park will -be December 13th.
Elbert Coalson asked everyone to pray for and donate to little Christie Teague.
She has had surgery but is still very sick and the hospital bills are mounting.
Jack Shinall asked Chuck Camp about the latest Marietta annexation on Cobb Parkway.
Attorney Camp said he had done some preliminary work and it did not look like we
had much of a case on the roadway annexation. That would have to be contested by
the State since it is a State highway, although the 30-day limitation does not
apply to a roadway annexation. Also, he still cannot find anyone that saw the
annexation signs posted.
Mayor Johnson asked everyone to remember the hostages in Iran.
Attorney Camp introduced Jim Whitfield from his staff.
Elbert Coalson reminded Council of the meeting on personnel, immediately following
this meeting.
Meeting adjourned at 8:19 p.m.
December 17, 1979
The regular scheduled meetlng of Mayor and Council was held at the City Hall,
Smyrna, Georgia on December 17, 1979. The meetlng was called to order by
presldlng offlcer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members
were present except Blll Darby who was out of the state on buslness. Also present
was City Attorney Charles Camp, Clty Clerk Willouise Spivey, Finance Director
Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atklnson, Public Works
Director J. E. David, Building Inspector Len Williams, Civil Defense Director Jim
Farley, Parks and Recreatlon Director Asa Howard and representatlves of the press.
Invocatlon was given by Councilman Jack Shinall, fallowed by the pledge to the
flag.
Mayor Johnson advlsed those in the audience who had bids for the audit proposals
that they could turn them in at this time if they wished.
There were no citlzens reports.
Zoning request: Mrs. Matina Z. Maduros requested property located at 1083 Concord
Road be rezoned from Future Cownercial to Limited Commercial to be used as a
bookkeeping and lncome tax office. There was no opposition to the rezoning, and
the Planning and Zoning Board had recommended it be approved. After discussion,
Jim Hawklns made a motion the zoning be approved, with the stipulation the parking
would be in the rear and the front of the building be bricked. Jack Shinall seconded
the motion whi.ch carried by a 6-0 vote.
Show Cause Hearing - Red Dot Package Store, South Cobb Drive: Davie Bowie Gray,
owner,. his attorney Craig Wagner and all those subpoenaed were sworn by Attorney
Charles Camp. Mayor Johnson explained the purpose of this meeting was that on
November 27, 1979, Mr. Steven Carrol Hoats, an employee of the Red Dot Package
Store sold liquor to a 17-year old which is in violation of the City Code, Section
3-63 and State law. He was found guilty in Recorder's Court and was fined far
that charge.
Attorney Wagner: With me toni.ght are David Gray, the licensee, Arlen Smith who
i.s the present manager of the stare, and Gene Richardson who is one of the major
stockholders in the corporation. Mr. Richardson is vice-president of the Coca-
Cola Company and president of the Red Dot Package Store, Inc. We also have with
us Mr. Steve Hoats who is the employee in the store on the evening in question.
I want to make it clear from the outset that we are as concerned and genuinely
upset about what's happened as you must be. We feel that the problem of minors
coming into the liquor stare is our problem -- I have to be frank, I don't feel
it's entirely our problem, we don't think the problems that bring them into the
store in the first place is anything we can do anything about. We do think that
once are inside the store it is our responsibility to see that no minors are
sold to take whatever actions are legally necessary to ensure that that doesn't
happen. We also think that our jab could be made considerably easier if the City
would take a strong position once mlnors have purchased alcoholic beverages in
prosecuting these minors, in prosecuting minors who shaw false identlfication cards.
in prosecuting minors who came into the stare and don't show any identification
cards and slip through our net. If the City would take a strang position with
respect to these transactions the word would quickly spread, and I think it would
spread qUlcker than you can go down to Red Dot and buy booze. I truly belleve
the problem would be significantly decreased if the ward got around that the City
was going to take an active stance and start prosecuting minors. In response to
the problem we have had I would like to shaw you what we have done at Red Dot to
show the efforts we have made to try and minimize it completely. We have been in
communication frequently with local authorities including Chief Little as to methods
that would help keep these incidents to a minimum. We have pasted large signs
which we will show you later which demonstrate to minors that any purchase an their
behalf lS in violation of the Georgla Code and also the Smyrna Code. We took a
quick check of the other flve liquor stares in Smyrna today and two stares had
small signs, no stares had signs the size of ours and two stares dldn't have any
signs at all. Our signs are clearly larger and blgger than the signs in the ather
stores and some stares didn't have any signs at all. These signs have been up for
six months. As a policy, we card all people who look under 25 years of age.
Carding is requlred far anyone who looks under 25 years of age and the only card
that is accepted is a valid Georgla permanent-picture drivers license. If the
license appears to be defaced in way, or if the picture doesn't absolutely
match up then we require backup identification. We have offered to
prosecute all instances of sales to minors -- we have offered to prosecute all
minors who appear in the store because as you gentlemen all know, it's a violatlon
(Continuation of December 17, 1979 Meeting)
of the Smyrna ordinance for a minor to even appear in a liquor store unless he is
accompanied by a parent or guardian. We have offered to run a full-page ad in the
newspaper notifying minors and parents of minors that we are going to prosecute
minors who come into the store, whether they buy from us or not. They cannot be
in the store, we don f t want their business and will offer to prosecute even under
those instances. We have changed our counter procedures as Mr. Smith will tell
you, sO that during the busiest hours of the day now we have two employees working
one who can take any minor to the side and check his identification and the other
can continue to work SO that the flow of business in the store is uninterrupted.
We have two employees at the busiest times of the day. We have offered to several
council people to fire any employees who are flagrantly violating our policies for
checking identification and we will do exactly that. In fact. we have fired an
employee recently, not because we knew he had been selling to minors but because
his attitude and commitment about checking identification were not the attitudes
that we expect of our employees. We have fully communicated our policy regarding
minors to everyone of our employees and they all. know that their jobs are in
serious jeopardy if we feel that they are not doing their jabs. We have done
everything that we sincerely believe we can do at the store level to prevent these
sales to minors. In all honestly, I know it will not sound right, but I believe
our track record has been good. We are now at the point of about 2300 sales per
week. Our total number of sales since we opened in July, 1978 is just over
150,000. We have sold approximately $400,000 per year. We are seeing.a lot of
people in that store. We have a tremendously large investment in that store. The
stockholders have over $90,000 invested in the store and as any of you know, if
you go into the store, you are not going to find a mare pleasant place to shop.
It's a place the ladies feel comfortable in, and this is the type of trade we are
trying to attract. Taxes paid to the City last year since we have opened totaled
$28,000 and if you project the growth of the store you can see that the taxes are
going to be greatly increased, even at a conservative pace. We card approximately
on an average of 25 to 40 minors a week and throw them out. That is not counting
the number of times we card other people who turn out not to be minors. In a
recent incident here in Marietta apparently a very attractive woman was sent out
to see if she could buy at all the package stores and convenience stores around
town and the people of Marietta are now prosecuting a lot of liquor licenses based
on these sales. She did not buy in our liquor store. We feel that we do have
adequate precautions but we hope that we can do a lot better. Mr. Richardson will
tell you tonight that what we have is a new business. The numbers I gave you don't
indicate that we have reached beyond the pinnacle of success yet, we have got a
long way to go. Any suspension during the Christmas season might be tantamount to
a revocation because we just don't know whether this business can make it without
this two-week Christmas season business. In addition to that, we are talking about
six full-time employees who could possibly be out of work during Christmas. I
think what we are talking about here is a business that is trying to do its best.
Admittedly we have had our problems. We are going to' put ourselves at your mercy
and if you have any suggestions as to how we can better perform and better do our
jobs, we are open to hearing those. We will re-dedicate ourselves to a new commit-
ment of stopping this to the extent it can be stopped, and in return we ask you to
vigorously prosecute minors who are buying and minors who arc comj,ng into r.he store
that we are not selling to, to help get the word around that this is not going to
be tolerated in Smyrna.
Gene Richardson: Mr. Mayor and Council, my position on this is pretty much the
way Craig stated it. When we opened the store and decided to invest in that stare,
we looked around the City and did a demographic study of the area and we said that
this part of the country was growing and we felt like it could support another liquor
store, and a good one. We looked at our competition, we know what the other l.iquor
stores are in the area and we set out to build a good store. We also at that time
considered the area, the problems that we had in applying for liquor license and
we know that there are some religious people there that don't really hold with
drinking, and I can understand that. It's a good business, we set out to run the
business honestly. We hired the best manager in this area and pay him mare money
that the average liquor store in town pays. I have known Arlen Smith Tor seven
years -- he has been a contractor, his wife is in the beauty shop business in
Marietta and he has been a constable. That is the type of person I wanted and I
had to pay more money than we could have gotten by with compared to what other
people in the liquor business pay. The people that are stockholders in the store
are not people who have ever done it before. I have never been involved in a
liquor store in my life and David hasn't either. It was strictly an investment
on our part. We wanted to run a store that was a complement to the community and
we wanted to run it legal. We had no intention of trying to do business with under-
age teenagers or people that drink too much. We made a nice stare, where women
can get out of their car and shop and feel comfortable in. We have stayed with
(Continuation of December 17. 1979 Meeting)
that the year and a half we have been in business. We have tried to adhere to
the State laws and have had no problems with the State. We have tried to adhere
to the County laws and have had no problems with the County. Now we find ourselves
in an unfortunate position of being before you because we have an incident that
happened, in spi.te of the precautions we took, although we didn't really take quite
enough. I'm at wits end and I told Craig that and I talked to Mr. Steely on the
phone today and told him the same thing. If you have a suggestion in line with
what we might. do, we'l], take it, if it's a reasonable business suggestion other
than closing the doors. I think we have tried every way possible, to prevent
these kids from buying liquor. We don't want that business and don't need that
business. We have tried to ask everybody there was any question about for identi-
fication. If I didn't feel like they had done a good job we would change employees.
Councilman Mills:
incidents?
Mr. Richardson, you mentioned an incident.
Is that incident or
Mr. Richardson: That's incident. We've had a warning before from a couple of the
officerE; where there were complaints, and Mr. Steely told me that he'had had some
complaints about it. We've tried in every case where there has been a complaint
to react to it. I can recall one for sure that was an employee of the supermarket
down the street. I happen to know the boy because when we first opened I saw him
come in there. In the beginning, he showed us a false identification but it was
a legitimate temporary license as I recall. and it said he was of age to buy. Later
somebody recognized him and asked us about selling to him -- that he wasn't of
age. I don't know how you prevent that.
Councilman Mills: I'm not referring to the cautions that you were given several
of. I be].ieve that you have been in court already one time prior to this, this
year. Is that not true?
Mr. Richardson:
I l'Lave not..
Councilman Mills: Has your business and your employee been cited into Recorder's
Court this year for selling to a minor?
Mr. Richardson:
That's the one I am talking about.
Councilman Mills:
You're talking about the one where the minor was found guilty?
Mr. Richardson:
Yes.
Councilman Steely:
Approximately how many incidents has there been?
Mr. Richardson: Other than this one, there is just
minor was found guilty of the false identification.
incidents that we have had of that type of thing.
the one I mentioned where the
That's the two official
Councilman Steely:
Does Mr. Smith tell you. if he has a complaint?
Mr. Richardson: He has to my knowledge, every time, because we have checked out
most of these. We have no reason to disbelieve Mr. Smith, but we have followed up
on them. The reasons the signs are up is a result of the first complaint we
received.
Councilman Hawkins:
On the previous incident, were you found guilty in Court?
Mr. Richardson:
Yes, the employee plead guilty.
Attorney Wagner: He plead guilty but it did come out as evidence that he was
shown a false identification license. as well as backup identification. We didn't
start out with the policy of showing a permanent-picture license, we took the
identification they gave us. We changed it later when we began having problems.
Councilman Mills: You have been cautioned on numerous occasions -- you have been
in court twice -- and it looks like, whether it is or not, that it is a habitual
thing that your store is selling to minors.
Councilman Coalson: Are the two employees mentioned who sold to minors still
employed at your store?
Mr. Richardson: Yes, they are. I'm not trying to defend Mr. Hoats. He is very
well aware that he made a mistake and he was scared to death when he got arrested.
The option we have is this: Is he a better employee because he has had a learning
experience that is very vivid in his mind or should I go on the street and hire a
(Continuation of December 17, 1979 Meeting)
new man. This boy has been very faithful about coming to work -- he doesn't have
any bad habits as far as drinking and partying. He has been honest in that store
and has been with us 18 months. We have had 150,000 sales in the store in 18
months and turn back 40 t;o 50 people a week, and this boy has made a little mistake.
Now you tell me if I should fire him right before Christmas then I will fire him,
but I don't feel like that's fair.
Mr. Smith: At the time of this last incident, there was two obviously drunk men
in the store and I actually believe they were trying to pick a fight with the
young man we sold to. Steve had to make a choice of dealing with them then, or
hurrying the customer through. Steve has been very good about checking identifi-
cations, but let this one incident slip by him. When we have had complaints we have
followed through regardless of the cost, to stop it.
Councilman Steely: Hr. Smith. did Hr. Hoats tell you of the warning he received
three nights before this?
Mr. Smith: Yes, he did. He was very impressed, and very scared.
out Monday night he had been cited, I couldn't believe it.
When I found
Hr. Hoats: When I came back into the store there were two rowdy, very loud,
obviously intoxicated regular customers that had come from the club next door. I
wanted to deal with them and a customer came to the counter. I looked up at him
and the two men made a comment to him about his size, an antagonistic comment or
two. I passed him through and then dealt with the other two men.
Attorney Wagner:
Did you sell to the intoxicated people that night?
Mr. Hoats: No.
Attorney Wagner: You know its a violation of the Smyrna Code. I don't want to
embarrass the young man, but I would like to ask Hr. Grieshober to just stand up.
This guy has to be 6' 4".
Councilman Shinall: Mr. Grieshober, may I ask you one question? In the incident
as described, were you harrassed by these two drunks? Could you describe it in
your own words.
Mr. Grieshaber: I believe one of the gentlemen said, "Don't you know its against
the law to be that tall." I just shrugged it off.
Councillnan Hawkins:
Have you made a purchase in that store before?
Mr. Grieshaber:
No sir.
Councilman Steely: Were you just taking a chance on buying there or had someone
told you that you could buy there?
Mr. Grieshober:
No sir, no one told me I could buy there.
Councilman Steely:
Do you have a valid Georgia drivers license?
Mr. Grieshober:
Yes.
Councilman Steely:
younger than that,
May I see it?
don't you.
(license handed to Mr.
Steely)
You look a lot
Councilman Steely: Mr. Hoats, do you recall the night I came to your store? I
think you stated you were going to card everybody, even if they were in a wheel-
chair.
Hr. Hoats: I remember that, and I have done that religiously since, and was in
the process of doing that when this incident occurred. I was distracted at the
time, and that's the only way it could have happened.
Councilman Steely:
You're under a lot of pressure in the store aren't you?
Hr. Hoats:
it.
Yes sir.
But its not unlike anything else in life, and I can handle
Hr. Richardson: You can believe this or not, but putting US out of business is
not going to stop these kids from buying liquor.
(Continuation of December 17, 1979 Meeting)
Councilman Steely: Mr. Richardson, we're not trying to put you out of business
you're doing a good job of that yourself -- two appearances in one year. We're
not trying to put you out of business, we're up here to help you. But we're up
here a1.so to he1.p these kids out and everybody else out here. When you are selling
to them that's not doing them a bit: of good.
Mr. Richardson: If there is anything we have not done, we will attempt to do
it now. You tell us what to do that we have not done so far.
Councilman Mills: Mr. Richardson, that's your responsibility -- that's what we
have been trying to tell you. The ordinances and the laws are your responsibility
to see that they are enforced also. When the application was made to the City
for the license for that place, Mr. Gray signed stating that he fu1.1y understood
the laws of the malt beverage and liquor licenses of the City and State. You
either violated the law or you didn't -- we are getting into things that aren't
relevant to the case.
Mr. Smith: That is the law -- we violated the law. I don't believe anyone here
can doubt that we did not violate that law intentionally. We have tried very
diligently to avoid violating the law. I doubt there is a person in this court-
room that has not violated some law intentionally.
Attorney Wagner: Mr. MLI,1.s, I would point out that the Smyrna Code Section 3-6S
(c) does make it the responsibil~ty of the licensee to examine identif~cations,
and authorizes the licensee to re1.y on drivers licenses. He may a1.so require
other identification if its reasonable under the circumstances. In a situation
where we were faced with a phony drivers license, we required other identification
and didn't catch it then. I'm not saying it makes it right but I'm saying that
the Smyrna ordinances contemplate that a licensee can only go so far. I'm not
saying we can undo history, but I am saying we're doing our best.
The arresting officers Fawbush and Wrozier were cal1.ed forward.
Councilman Hawkins:
night in question.
Officer Fawbush, could you describe what happened on the
Officer Fawbush: Mr. Grieshaber, a IS-year old juvenile and an IS-year old adult
were parked behind Belmont Hills. That was in an area where we patrol and we
pretty well know who is supposed to be there that time of night, so we drove over
to check it out. The car was parked and not moving at that time. They were asked
what they were doing and we got a response that would embarrass the people in the
Counci1. room, which immediately prompted Officer .Wrizier and myse1.f to exit our
vehicle. We knew Mr. Grieshober was inebriated and asked to see an identification
and found out he was not of age. The 1.S-year old was re1.eased, the IS-year o1.d was
taken to the Smyrna Police Department along with Mr. Grieshober and both parents
were ca1.1ed. Charges were p1.aced against Mr. Grieshober, and we re1.eased them
both to their parents.
Councilman Hawkins:
Dot Package Store?
When did you become aware that they purchased liquor at Red
Officer Fawbush: On the scene. We asked the young gentleman where he got the
1.iquor and he told us where he got it. We had the assistance of our shift
commander Lt. Farmer and also the assistance of two detectives and they came to
the scene. The detectives took Mr. Grieshober to the liquor store and he positive1.y
identified the gentleman that so1.d him the whiskey. The manager of the store
readily admitted that that was his store's sticker on the bottle.
Councilman Tolleson: In your day-to-day duties have you come across a case with
this same problem or is this the on1.y case you know of.
Officer Fawbush: This is the only case I have had connecting any recipient of
a1.coholic beverages under age with Red Dot.
Officer Wrozier:
This is also the first case I have had connection with.
Lt. David Farmer was called to testify.
Counci1.man Mills: Lt. Farmer, do you recall any other incident with Red Dot
Package Store invo1.ving the sale to minors?
Lt. Farmer:
Yes sir, I do.
(Continuation of December 17, 1979 Meeting)
Councilman Mills:
Could you relate some of those to us.
Lt. Farmer: I have personally given warnings to the different attendants on outy
when I was in investigation. I cited Mr. Greer after a uniformed officer ~ade a
routine traffic stop and there were four persons in that car that. made statements
they had made a purchase of alcoholic beverages. Mr. Greer was cited in an i,ncident
about the 22nd or 23rd involving a minor who had become inebriated and couldn't
identify the person to whom had sold him the alcoholic beverages. I was also
present the night a citation was issued to Mr. Hoats.
Councilman Mills:
On the Greer case, could you fill us in a little bit about that.
Lt. Farmer: This was a case where a uniformed car stopped a car for an illegal
turn and they found alcoholic beverages in the vehicle. The boys said they had
purchased it from Red Dot Liquor Store and the officers requested a detective. T
went to the scene and questioned the boys. Myself and Detective Drake got the
boy who said he had purchased the liquor and took him to the store. where Mr. Greer
identified the boy as the one he had sold liquor to.
Councilman Mills:
Was false identification used in that purchase?
Lt. Farmer: Not at that particular time. No sir. He had no identification other
than his own which showed that he was 17 years old. He was found gui.lty in court,
and the disposition, I believe, was probated sentence. He was found guilty of
buying alcoholic beverages, and not for showing false identification. I believe
it was brought out in court that the boy had purchased earlier in the same store
from the same person. and did show his brother's identification which showed him
to be 18 or 19 years old.
Attorney Wagner: The false identification had been shown at an earlier time and
he was a fellow that everybody in the store knew because he worked at vJinn Dixi.e
and after his proof had been scrutinized and they saw him every day, it wasn't
checked on the night in question. This was a couple of months anyway, after he
first presented the license. He had made at least two purchases that we know of.
Again, I can't tell you how committed and how sincerely we feel about the problem.
We are as troubled and frustrated with it as you are and quite frankly right now
we are in severe jeopardy, we know that, and we're scared to death. I can't
help but think our performance will be better. We've told you what we've done --
we're open to suggestion!" -- that's not your function and we know that. We are in
touch with the Georgia Retailers Association to get ideas from them. We are
searching around, we're scrambling, we're doing everythi_ng we can to come up with
ideas to prevent these things from happening agaj_n. For your benefit. as you
confer with your city attorney" I would again like to point out that Secti.on 3-65,
subsection C makes it the responsibility of the licensee to examine identification
and also says the licensee may rely upon a drivers license. I would submit to you
that the language that he may rely upon a drivers license is not exclusive, does
not say there aren'.t other things that if reasonable under the circums tances, he
couldn't rely on and I would submit to you that the case of Mr. Grieshober is an
example of that where we had trouble in the store -- we were caught shorthanded.
We have taken steps to correct that and in an attempt to prevent an altercation
from occurring that night. Mr. Grieshober was allowed to purchase beer. As he
told you tonight he is 18, which is three weeks after the incident. We are doing
our best, and I think there is some flexibility in your Code. We ask that you
help us. Let us show you our new commitment and if it happens again, I don't
think I will be back here again -- you can have it.
Councilman Mills: He purchased liquor. not beer.
Attorney Wagner: I'm sorry -- liquor was purchased.
Mayor Johnson called for a recess.
Meeting adjourned at 8:57... Jerry Mills made a motion the Red Dot Package Store
license be suspended for 30 days, effective at 12:00 tonight. with a l2-month
probation period. John Steely seconded the motion. Vote on the motion carried by
a 6-0 vote.
Malt Beverage and Wine Pouring License: Maybell E. McGibony requested a malt
beverage and wine pouring license for Tony's Pizza._ 1024 Cherokee Road. There
was no opposition. Jim Hawkins read a letter from Police Chief R. E. Little stating
an investigation by his department did not reflect any factors that would bar the
applicant from obtaining the license. Jim Hawkins made a motion the license be
granted. Jim Tolleson seconded the motion which carried by a 6-0 vote.
(Continuation of December 17, 1979 Meeting)
Malt Beverage and Wine Package License: Suk Hoo Kong requested a malt beverage
and wine pouring license for Windy Hill Grocery, 1687 Roswell Street. There was
no opposition. Jim Hawkins read a letter from Police Chief R. E. stating
an inveStigation by his department did not reflect any factors that bar
the applicant from obtaining the license. There was some concern that Mr. Kong's
know1edge of the English language might interfere with his enforcing the ordinance.
He stated he did understand the ordinance and would enforce it. After discussion
Jim Hawkins made a motion the license be granted and that Mr. Kong sign the
application on the 1ast page, before he picks up the license. Jerry Mills seconded
the motion which carried by a 4-2 vote. Jim Tolleson, Jerry Mi1ls, Jim Hawkins
and Jack Shinall voted for. Elbert Coalson and John Steely voted against.
Joe E. Brown requested a license to operate a pawn
There was no opposition from the audience. Jim
a letter from Police Chief R. E. Little stating an investigation by
his department did not reflect any factors that would bar the applicant from
obtaining the license. Mr. Brown said he would abide by the State laws as per
interest charged. He also stated he was familiar with our ordinance as for making
weekly reports to the police department, etc. Jim Hawkins made a motion the
license be granted. Jim Tolleson seconded the motion which carried by a 5-1 vote.
Jack Shinall voted against.
Attorney John P. MacNaughton, representing the owners and tenants of Foxmoor
Apartment complex, was heard with reference to the blocking of Love Street at the
rear of the complex. Approximately 15 people from the apartments and two home
owners were present. Mr. MacNaughton stated the street was blocked without the
input of the apartment owners and tenants, and his main request t:onight was to
ask for a meeting of Mayor and Council, the surrounding home owners, the apartment
owners and tenants and their attorneys. It was his opinion, and he stated it was
also the opinion of our Fire Marshal that the blocking of this street was a fire
safety hazard. Also, without this exit being open it would be impossible for
the tenants to get out if the streets were covered with ice. Mr. MacNaughton
stated his hope was, that if the above mentioned parties could meet and discuss
this problem, an agreeable solution could be reached. After a lengthy discussion
it was a meeting would be set up between the City Council, homeowners of
Love Reed Streets, apartment owners and tenants to discuss this problem. Mayor
Johnson suggested January 10, 1980 as a tentative date. TI,e owners of the apart-
ments, the apartment manager and homeowners will be notified. It was agreed the
gate blocking this entrance will remain as it is until after the meeting.
Variance Request: Searcy B. Slack, Jr. of Southern Neon Displays, Inc. requested
a variance of our sign ordinance, in order to install the regul.ar Wade Ford sign,
being transferred from their old business in Atlanta to the new business in South
Cobb Drive. After discussion Jim Tolleson made a motion the variance be granted.
Jerry Mills seconded the motion which carried by a 6-0 vote.
(1) Phil Torchio, Equipment Manager for Williams
., requested a building permit to erect a metal building
to use the storage of materials and equipment, on their property on Marston
Street. All storage of materials and equipment is now open. The estimated cost
of the bui1ding is $70,000 and plans have been approved by the Fire Department.
After discussion Jerry Mills made a motion the permit be granted. Jim Tolleson
seconded the motion which carried by a 6-0 vote. Jerry Mills made a motion a
variance be granted allowing the large cranes to be stored outside. Jim Hawkins
seconded the motion which carried by a 6-0 vote.
(2) Larry Snyder requested a building permit to renovate property located at 955
Concord Road to be used as a dental office. Cost of the renovation is estimated
at $28,500. Plans had been approved by the Fire Department and the Inspections
Department, After discussion Jim Hawkins made a motion the permit be granted.
Jerry Mills seconded the motion which carried by a 6-0 vote.
(3) McCurdy Funeral Home requested a permit for an addition to the
of existing building for crew quarters. Estimated cost is $10,000. Plans
have approved by the Fire and Inspections Departments. Jack Shinall made a
motion the permit be approved. John Steely seconded the motion which carried by
a 6-0 vote.
(4) Cobb County Board of Education requested a permit for an addition onto Hills
High School on Powder Springs Street. Estimated cost of this addition is $284,000.
(Cont~nuation of December 17, 1979 Meeting)
Plans have been approved by the Fire Department and the Inspections Department.
Elbert Coalson made a motion the perm~t be approved. Jack Shinall seconded the
motion which carried by a 6-0 vote.
(5) Southern Bell Telephone Company requested a permit to tear down two houses
and pave a park~ng lot on Mimosa Circle, estimated cost to be $90,000. Plans had
been approved by the Engineering Department, Fire and Inspections Departments.
Jerry M~lls made a motion the perm.it be approved. Elbert Coalson seconded the
motion which carried by a 6-0 vote.
Bids on the Audit proposals for FY1979-81 were opened, read and are recorded as
follows:
Arthur Anderson & Co.
25 Park Place, Atlanta
Magaro, Gross & Nelson
3688 Clearview Ave #210
Atlanta, Ga.
McMullan & Company
400 Colony Square #1976
Atlanta, Ga. Max.
Weiss, Moore & Cubbedge
#225, Lawyers Bldg.
Marietta, Ga.
Anderson Hunt & Co.
10 Perimeter Pl. #180
Atlanta, Ga.
Connally, Pechter, Verner
6425 Powers Ferry Rd.
Atlanta, Ga.
Peat, Marwick, Mitchell Co.
Atlanta, Ga.
Kitchens & Russell
1753 Spring St.
Smyrna, Ga.
Pate & Shiver
2440 Canton Road
Marietta, Ga.
Gottenstrater & McClain
45 South Ave #112
Marietta, Ga.
Touche Ross & Co.
Atlanta, Ga.
1979
1980
1981
King Springs Park
$9,000
$10,000
$11,000
$2,000
$5,500
$6,000
$6,500
$1,000
$14,060
$14,800
$15,600
$15,900
$16,820
$17,100
$5,408
$6,500
$7,200
$6,500
$6,500
$3,500
$8.400
$9,240
$10,164
$1,600
$12,000
$15,600
$15,600
$8,500
$9,350
$10,250
$1,000
$5,200
$5,200
$6,025
$1,800
$4,500 to $5,000 for 1979. with increase not to
exceed 10% per year for 1980 & 1981. plus any
out-of-pocket expenses incurred.
$13,750
$13,750
$13,750
$1,500
$8,000
$9,000
$10,000
$
750
Jerry Mills made a motion the bids be turned over to the committee for review
and recommendations for the top three to full Council. Jack Shinall seconded the
motion which carried by a 6-0 vote.
Jack Shinall made a motion approval be given to pay the 1979-80 Georgia Municipal
Association dues in the amount of $2,764.61. Jerry Mills seconded the motion which
carried by a 6-0 vote.
Committee Reports: John Steely recognized Senator Joe Lee Thompson in the audience
and told him he supports his bill to raise the dr~nking age. He also praised the
Parks Department for the renovation of the Annex building and also congratulated
Lola for the fine job she did with the Christmas Tree & Musical festivities. Asa
Howard invited Mayor and a1.1 Councilmen to the Sen:Lor Citizens Christmas Party on
Friday, December 21st at 11:00 a.m.
(Cont:inuation of December 17, 1979 Meeting)
(Water) Jack Sninall advised that as of January 1, 1980 we would be paying 27%
more for water and 50% more for sewerage treatment servlce from Cobb County. We
are exploring the lowest possible increase to our citizens. Hopefully we will
be able to secure some 75/25 funding for User Study and any other portion of the
201 teq~irements we have. Cobb County is the lead applicant and we have to go
through them for any help.
Jim Hawkins said he thought Section 3-66 of our Code of Ordinances should be
changed, raising the amount of fine for a minor being convicted of possessing or
consuming alcoholic beverages from $50 for possessing or consuming alcoholic
beverages to $150, and the fine for using false identification to process or
consume alcoholic beverages be raised from $100 to $300. Jack Shinall made a
motion Section 3-66 (c) of our Code of Ordinances be changed to read as follows:
"Any minor convicted of possessing or consuming alcoholic beverages shall be
subject to a fine of one-hundred and fifty dollars ($150), and any minor convicted
of possessing or consuming_alcoholic beverages under authority of a false identi-
J"ication shall be subj ect to a fine of three hundred dollars ($300)."
Jim Hawkins seconded the motion which carried by a 6-0 vote.
Elbert Coalson asked Jack Shinall to explain the water billing. Jack advised
that due to the fire, we were five months behind in water billing. The bills that
went out in October covered water used from July I.st through August 1st. The
bills mailed out in December covered August 1st through October 1st. Another
double bill will be mailed out in January, and hopefully this will be the last
double bill.
Jim Hawkins asked Jim David the status of the traffic light on Concord Road. He
was concerned since the traffic guard almost was hit last Friday. Mr. David
reported he had made a request for a study from the State, but as yet had received
no reply. Jim Hawkins said he would like this body to take action on this during
the holidays since he did not think the State had jurisdiction on Concord Road.
Jim Hawkins asked the status of the budgets.
head meetings had not been completed as yet.
can get together they will be completed.
Gunter Newsom replied the department
but as soon as the Finance Committee
Jerry Mills made a motion that the City Attorney be instructed to draw up a
section to be added to the alcoholic beverage ordinance stating that any owner or
employee of an establishment selling or serving alcoholic beverages. and convicted
o~ selling or serving alcoholic beverages to a minor, be fined a minimum of three
hundred dollars ($300.00). John Steely seconded the motion which carried by a
6-0 vote.
Jim stated he was getting calls about speeders on Spring Road. He
the Police Department for the good job they are doing. but stated
it was not enough. He asked them to crack down during the holidays. Chief
Little said he would like this body to take action to raise the speed limit on
Spring Road so the City could use radar. The State Highway Patrol can use radar
on any street with any speed limit, but the State sets the limit on streets where
the City can use radar, and the Spring Road limit is too low. The Highway Patrol
will be patrolling Spring Road for the next two weeks.
Announcements: The Jonquil Breakfast on December 19th is sponsored by the City
of Smyrna. Christmas holidays will be December 24th and 25th; New Year's holiday
January 1st and the next regular council meeting will be January 7, 1980.
Meeting adjourned at 10:14 p.m.
The Special Called meeting of Mayor and Counci.l was held December 29, 1979 at the
Ci.ty Smyrna, Georgia. The meeting was called to order by pr<".siding officer
Mayor Johnson at 3:05 p.m. All Council members were present <".xcept Bill
Darby_ Also present was City ClerkWillouise Spivey, Director of Finance and Admin-
istration Gunter Newsom, Director of Parks and Recreation Asa Howard and repre-
sentatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
, 1979 Meeting)
this Special Called meeting was to set the percentage of the
exemption.
explained the
6, 1979.
the exemption
6-0 vote.
Freeport Tax exemptions, as approved by the citizens of
discussion, Jerry Mills made a motion the
set at 20%. Jim Tolleson seconded the motion which
at 3:15 p.m.
ELBERT R. COALSON, WARD 6