09-23-1991 Special Called MeetingSeptember 23, 1991
A special called meeting of Mayor and Council was held September 23, 1991 at
Smyrna City Hall. The meeting was called to order at 6:30 p.m. by presiding
officer Mayor A. Max Bacon. All council members were present except for Pete
Wood. Also present was City Administrator John Patterson, City Clerk Melinda
Dameron, City Attorney Charles E. Camp, Al Cochran and a representative of
the press.
Mayor Bacon read a letter from Chief Building Inspector Scott Stokes stating
that he and Fire Marshal Jim Ruffner had concluded the inspections of
Heritage Pointe apartments last week and noted a total of 9,161 violations.
The violations ranged from a high of 649 in one unit to a low of 297 in
another. The purpose of the meeting tonight is to appoint a hearing officer
to review their findings.
Attorney Al Cochran said the City does not have an adequate ordinance to
allow us to proceed with condemnations and recommended that we follow the
procedures set forth in Section 41 of the Official Code of Georgia. The first
step is to appoint a hearing officer to review the evidence presented to him
by the Building Inspector and Fire Marshal and then make a determination as
to what steps should be taken. Step by step procedures must be followed for
each building. Mr. Cochran said it might be advantageous to appoint a
permanent hearing officer to deal with future problems.
At the recommendation of Mayor Bacon, Bill Scoggins made a motion that Alton
Curtis be appointed permanent hearing officer for the City, seconded by Jim
Hawkins. John Patterson said he had discussed the position with Mr. Curtis
and he was willing to accept the appointment for his normal rate of $85 per
hour. Mr. Curtis has also submitted a letter of resignation from the Downtown
Development Authority so that there will be no appearance of impropriety.
Mayor Bacon said he met with Ray Harris from HUD today. They have taken over
the Heritage Pointe apartment complex and improvements should be made soon
including removing people from buildings that are unsafe. Mr. Cochran said he
was notified that the lawsuit against he City had been dismissed but it still
is not in the permanent records as having been dismissed.
Wade Lnenicka said he was concerned with the amount of time that may be
required to review the findings and there was no way to determine the actual
cost involved. Mr. Lnenicka suggested that at the next meeting we have a plan
of action and cost estimate before getting started.
After further discussion, Jack Shinall amended the motion to appoint Alton
Curtis as hearing officer through December 31, 1991 at his normal hourly rate
of $85 per hour not to exceed $8500. Any charges in excess of that amount
would have to be approved by Mayor and Council. Jim Hawkins seconded the
amendment. Vote on the amendment and main motion carried 6-0.
The oath of office was given by Mr. Camp. Mr. Curtis suggested that if expert
witnesses are needed, council may want to consider a bid process to protect
the City.
With no further business, meeting adjourned at 6:40 p.m.
AO Ail
A. MAX BACON, MAYOR MELI A DAME O CITY CLE
BOB DAVIS, WARD 1 ADE LNE IC 2
BILL SCO S, WARD 3
J SHINALL, WARD 5
CHARLES PETE WOOD, WARD 7
6KATHY*OOKS JORDAN
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