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04-03-1995 Regular MeetingApril 3, 1995 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Major Kent Sims, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, and representatives of the press. Invocation was given by Pastor Lee Delbridge, Smyrna Christian Church, followed by the pledge to the flag. Mayor Bacon asked Councilman Wood to read a proclamation honoring "Fight Against Blindness" and asked the American Legion Women's Auxiliary representatives and the Legion Commanders from the American Legion Post 160 to come forward. The proclamation stating "Seeds for Sight" is a national research program sponsored by the American Legion family was read and presented to the Legion representatives. Ms. Betty Turley accepted the proclamation on behalf of the Women's Auxiliary. Ms. Turley thanked the Mayor and Council for the proclamation and then introduced Steve Turley, A. D. Burchfield, Commander of the Legion, Susan Cooper, Seed Captain, Frank Boykin, official photographer for the Legion. Mr. Turley stated the Legion will have a booth at the Jonquil Festival in April and will be asking for donations to help with the "Seeds" packages. Mayor Bacon read a letter -of commendation from Chief Stan Hook recognizing several police officers for their outstanding performance. He then asked Major Sims and Lt. Houston to come forward and asked Lt. Houston to introduce the officers involved in a recent hostage situation at T. J. Appleby's restaurant on Spring Road last week. Lt. Houston then introduced the officers present at the council meeting. The officers were: Officer Harrell, Officer Crowley, Officer Biseline, Officer Burkhart, Officer Robinson, Officer Andrew, Officer Lewellen, Officer Liber, other officers involved but not present at the council meeting were Detective Maloney, Officer Waddell, Officer McCormick. Councilman Newcomb expressed appreciation to Mary Jo Bagnato the 911 operator who received the call from the restaurant and dispatched the officers to the location. CITIZENS INPUT: There was none. PUBLIC HEARINGS: (A) Proposed Amendments to Future Land Use Map Mr. Thomson stated the future land use map changes are outlined and asked Mr. John Moeller to come forward to explain those proposed changes. Mayor Bacon stated this is a public hearing and public comment will be allowed following each parcel description. Mr. Moeller stated a parcel by parcel study of Atlanta Road and South Cobb Drive was conducted and there were twenty-six different sites studied and there are six recommendations approved by the Planning and Zoning Board. 1. East side of Atlanta Road south of Trinity Baptist Church and north of the Cumberland Vail Development including Parcels 13, 14, 15, in Land Lot 595 and parcel 1 in Land Lot 629. To change from Low Density Residential to High Density Residential. Mr. Moeller stated Parcel 1 has been rezoned for High Density Residential development and has the Vinings Forest Condominium complex. He stated it is currently Low Density Residential on the Comprehensive Plan Map and it is the recommendation is that it go to High Density Residential in conformance with its zoning. Councilman Newcomb stated that State law requires the city to have a land use plan and it is our vision of what we would rather have on a piece of land. He then stated a separate issue is what the zoning is on that land. He stated in this case the zoning already calls for high density residential and that April 3, 1995 meeting -continued construction is already underway and the city is trying to straighten out the land use plan so it is in conformity with that. Councilman Lnenicka stated that the current zoning allows for 12 units/acre for condominiums and the high density residential will call for the same number of units per acre and therefore the city is not changing the zoning but it is simply putting the future land use map in agreement with the current zoning. Mayor Bacon asked if there was any public comment on this particular tract of land. There was none. Councilman Hawkins asked Mr. Moeller to explain the difference between Low Density, Medium Density and High Density for the audience. Mr. Moeller stated Low Density on the land use map is one. to three dwelling units per acre; Medium Density is three to six dwelling units per acre and High Density is six to sixteen dwelling units per acre. Councilman Newcomb made a motion that Parcel 1 in Land Lot 629's designation be changed to High Density Residential. Motion was seconded by Councilman Lnenicka. Motion was approved 7-0. Mr. Moeller stated Parcels 13, 14 and 15 to the north of Parcel 1 are currently shown on the land use plan as Low Density Residential. He stated there are three single family structures on the lots. Mr. Moeller suggested these parcels be changed on the land use map from low density residential to medium density. He stated this would give the property owners some economic feasibility with their property. Mayor Bacon asked if there was any public comment on these parcels. There was none. Council Newcomb made a motion that Parcels 13, 14, and 15 in Land Lot 595's designation be changed on the future land use plan from low density residential to medium density residential. Councilman Lnenicka seconded the motion. Motion was approved 7-0. 2. East side of Atlanta Road south of Campbell Road and north of Post Vinings Apartments to include Parcel 4 in Land Lot 700. To change from Low Density Residential to Medium Density Residential. Mr. Moeller stated Parcel 4 in Land Lot 700 is a vacant tract of land approximately 375' deep with about 700' of frontage. He stated this area is currently zoned Neighborhood Shopping but on the Comprehensive Land use map is shown as low density residential. Mr. Moeller stated this parcel has residential possibilities and includes approximately seven acres and could be developed in a medium density residential classification. He stated they felt by taking it from low density residential to medium density would give it some economic benefit to the property owner. He also stated that the property is currently zoned Neighborhood Shopping and could be developed commercially. Mayor Bacon asked if there was any comment about this parcel. Mr. John Moore came forward and stated he is representing Mr. William McKenna, the property owner. Mr. Moore stated the property is zoned Neighborhood Shopping and he stated there were two things he would like to discuss. The first issue is that the issue is confusing to the public but also to the property owners when the property is zoned one category and then is put in a totally separate category for future land use purposes. He further stated that this particular parcel is zoned NS but is being left in a residential future land use category. He stated it would seem to him that in the previous parcel where the zoning had been changed from a low density to a high density to match the zoning that the same thing would be done in this instance. He stated he felt the problem you would run into not only legally, but also dealing with people in the community, is when people come in for zoning they come in and ask what the future land use map says and it says residential and you would get an outcry that it is already zoned. He stated the zoning is what controls what can be built not the future land use map. He requested on behalf of Mr. McKenna that the city consider putting the property into a commercial zoning for the future land plan category so it matches its existing zoning. Councilman Newcomb stated that since the property is zoned commercial it could be developed commercially. He further stated the point in making it residential is to say that if the current or future owner or someone fifty to one hundred years from now wanted to make it residential, that the land use plan, which is a plan, instead of the current zoning would say that would be a pretty good use of that piece of property. He then stated that frankly he thought it was the best of all possible worlds for Mr. Moore's client because he could come in and build commercially or residentially because the future land use is residential. 3 April 3, 1995 meeting -continued Mr. Moore stated he agreed with that except for the fact that what Cobb County did to its Neighborhood Shopping category. He stated they have an equal zoning category for NS similar to what the City has and they passed an ordinance that if the land is not developed in five years, the zoning reverts to the zoning shown on the land use map. He stated you could have an unsuspecting property owner who is not aware of that reversionary zoning. Councilman Lnenicka stated he wanted to assure Mr. Moore that the city has never had any conversations in the seven years he has been on council about doing anything like what Cobb County has done in that respect. He further stated the property is already on the future land use plan as a residential category. He stated if this is something Mr. McKenna wanted it would seem logical over the years that he might have approached the city to do this many years before. He further stated he agreed with Mr. Newcomb that this is the best of both possible worlds and the city can not change the current zoning which remains commercial, but it allows Mr. McKenna to develop the property at a greater density, medium density instead of low density, if he chooses to go that direction which most people would say would generate more income because he would have more lots to sell. From the council's standpoint they would like to see Atlanta Road developed residentially as opposed to another South Cobb Drive or Cobb Parkway. He further stated they are not changing the zoning and are not proposing to do that but at the same time they are trying to encourage residential development and 1/2 acre lot house just aren't going to build on that site, but up and down Atlanta Road, especially south of the perimeter, there are a number of developments where nice homes on smaller lots are being seen. Mr. Moore stated he agreed that it was better with medium density as opposed to low density, but part and parcel of what he was talking about earlier. He stated the reason Mr. McKenna did not come in earlier is he thought his property was zoned neighborhood shopping and did not have to worry about it when in fact he received a notice that it was going to medium density residential and that is what spurned all the concern. He again stated it was confusing when the land use map does not match the zoning category and that was his only point. Councilman Newcomb made a motion that Parcel 4 in Land Lot 700, the future land use designation be changed to medium density residential. Councilman Lnenicka seconded the motion. Motion was approved 7-0. 3. Northwest corner of South Cobb Drive and Camp Highland Road stretching west along Camp Highland to Gaylor Street including Parcels 1, 2, 3 and 5 in Land Lot 620 and Parcel 15 in Land Lot 621. To change from Low Density Residential to Community Activity Center. Mr. Moeller stated that basically this site is on the proposed new East/West connector coming through west Cobb and is on the northern side of that intersection and has approximately 18 acres and all of the parcel is currently zoned General Commercial, except one one -acre lot which is zoned R-15. Mr. Moeller stated in the current land use plan it was placed in redevelopment because at the time the plan was adopted almost three years ago it was difficult to tell where the West Cobb Loop was coming out at South Cobb Drive. He then stated at this point there are some plans and Camp Highland will be a cul- de-sac and this is a prime commercial site and therefore we are recommending that this area be designated as community activity center. Councilman Newcomb stated this is a case where the property is zoned commercial and we are in fact going to change the land use plan to reflect that. Councilman Lnenicka stated he would like to add that he has talked to the property owner who confirmed for him that it is zoned commercial, that his plan would be to develop this commercial site when the East/West Connector is built through there and it appears to be a prime site for commercial development and that coincides with the wishes of the land owners. Mr. Lnenicka then stated that whatever development is planned for that area, the city needs to protect the residential homes in the Ivy Glen neighborhood or on Gaylor Drive. Mayor Bacon asked if there was any public comment on this tract of land. There was none. Councilman Newcomb made a motion that in Land Lot 620, Parcels 1, 2, 3 and 5 and in Land Lot 621, C. Parcel 15 have their future land use designation changed to community activity center. Councilman Lnenicka seconded the motion. Motion was approved 7-0. April 3, 1995 meeting -continued 4. The northwest and southwest corners of South Cobb Drive and Kenwood Road including Parcels 1 and 159 in Land Lot 689 and Parcel 48 in Land Lot 752. To change from Low Density Residential to Community Activity Center. Mr. Moeller stated basically this is a strip of land that is currently shown as low density residential on the land use plan. He further stated it is only approximately four acres and is basically right in front of Kenwood Estates Subdivision. Mr. Moeller stated the subdivision is in the county and the county has currently shown the subdivision as industrial compatible and the city is recommending to the county that they take that back to a low density residential, it is currently zoned commercial and what we hope to do is bring the land use designation into conformity with what actually exists on the site. He stated the recommendation is to change the land use designation from low density residential to community activity center. Mayor Bacon asked if there was any comment on this particular tract. There was none. Councilman Newcomb made a motion that in Land Lots 683, Parcels 1 and 159, and in Land Lot 752, Parcel 48, have their future land use designation changed to Community Activity Center. Councilman Wood seconded the motion. Motion was approved 7-0. 5. East side of South Cobb Drive, addressing one parcel on the east side of Oakdale Road, identified as Parcel 45 in Land Lot 752. To change from Community Activity Center to Medium Density Residential. Mr. Moeller stated this area is at Oakdale Road and South Cobb Drive. Mr. Moeller stated at the time the city's study was done, the city recommended that the property go to 3/6 dwelling units per acre and make everything Medium -Density Residential. Mayor Bacon asked if there was any public comment on this tract of land. There was none. Councilman Newcomb made a motion that in Land Lot 752, Parcel 45 have its future land use designation changed to Medium Density Residential. Councilman Wood seconded the motion. Motion was approved 7-0. 6. East side of South Cobb Drive just south of Starline Drive and extending to the property owned by King Springs Baptist Church to include Parcels 1, 2, and 3 in Land Lot 482 and Parcel 3 in Land Lot 527. To change from High Density Residential to Medium Density Residential. Mr. Moeller stated this area is off Starline Drive to the north and is a large tract, approximately 28 acres, that fronts on South Cobb Drive but also has access to King Springs Road. He also stated the area was rezoned to General Commercial approximately one year ago with a reversionary clause on that zoning that if it did not develop within one year it would revert to its original zoning. He then stated the property on the land use map is currently shown as High Density Residential, 6 to 16 units per acre. He stated they feel the density of 6/16 units per acre is too high and is therefore recommending the parcel be changed from High Density to Medium Density Residential (3 to 6 dwelling units/acre). Mayor Bacon asked if there was any public comment on this tract of land. Mr. Ben Beasley, resident of Starline Drive, came forward. He stated he thought this was a good idea.* Councilman Hawkins stated that barring any kind of action between now and April 17, he will make a motion to revert this property back to the old zoning. Councilman Newcomb made a motion that in Land Lot 482, Parcels 1, 2 and 3, and in Land Lot 527, Parcel 3, have their future land use designation changed to Medium Density Residential. Councilman Hawkins seconded the motion. Motion was approved 7-0. Mayor Bacon commended the Planning and Zoning Board for their hard work on this project. (B) Application for Bingo License - All Star Athletic Association, Inc. - 1000 Windy Hill Road Mayor Bacon stated it was his understanding the applicant has requested this item be tabled until the next council meeting. Councilman Hawkins made a motion the application for bingo license at 1000 Windy S April 3, 1995 meeting - continued Hill Road be tabled until the April 17 Council meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Variance Request - Reduce Rear Yard Setback from 40 Feet to 25 Feet - 1348 Poplar Pointe Mayor Bacon asked if there was anyone present in opposition to the granting of this variance request. There was none. Councilman Cramer asked the applicant, Ms. Jamie Atkinson, what she planned for this property. Ms. Atkinson stated she is interested in building a fenced -in area to accommodate her dogs but the land is very steep and it requires a platform with a fence around it. Councilman Cramer asked if she has contacted her neighbors and if they have any objections to her request. Ms. Atkinson stated they do not have any objections. Councilman Cramer made a motion the variance request at 1348 Poplar Pointe to reduce the rear yard setback from 40 feet to 25 feet be approved. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening (95002) - Material for Cooper Lake Road Water Line Mayor Bacon asked if there were any bids in the audience. There were not. Four bids were received, opened and read as follows: Davis Meter and Supply Hughes Supply, Inc. O & R Utilities Company Consolidated Pipe $219,431.79 $219,204.60 $233,190.65 $217,874.00 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review and a recommendation to be brought back before council at the next meeting. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. (B) Bid Opening (95003) - Installation of Cooper Lake Road Water Line Mayor Bacon asked if there were any bids in the audience. There were none. Five bids were received, opened and read as follows: Campbell Contracting Company $199,625.00 D & H Construction Company $317,172.00 Davis Contracting Company $227,930.00 Wenger Contracting Company $329,852.00 Ralph Ardito Ditching and Pipeline $264,375.00 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before council at the next meeting. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. (C) Approval of City of Smyrna Mutual Aid Resource Pact Councilman Hawkins stated he has a resolution that he will read and ask the Mayor to sign that will allow the City of Smyrna to join the Georgia Mutual Aid Group. He further stated this is provided in the Georgia Code 25-6-1 which was amended in the 1994 Legislative session. Mr. Hawkins read the resolution (which is attached and a part of these minutes). Councilman Hawkins made a motion the resolution be adopted and give the Mayor the authority to sign the resolution. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: April 3, 1995 meetings continued (A) Brewer Construction Company - Amerihost Inn - 5130 South Cobb Drive Mr. Thomson stated Brewer Construction Company is requesting a building permit for the construction of a 60-unit hotel (Amerihost Inn) to be located at 5130 South Cobb Drive. He further stated the estimated cost of construction is $1,197,000. Councilman Wood made a motion the building permit for Brewer Construction Company be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Extension of Working Hours - Heritage Pavilion Shopping Center Mr. Thomson stated Leslie Contracting is requesting permission to work extended hours. Councilman Patrick stated he had spoken with Mr. Cameron Williams, Leslie Contracting, regarding this request. He further stated Mr. Williams indicated they will make every effort to minimize any adverse affects the extended hours would have on the adjacent property owners. He further stated Mr. Williams indicated the grading work would be done through the week and the Sunday work would be mostly sawing and drilling. Mr. Patrick further stated the Sunday hours may not be necessary at all but they requested the permit in order to be allowed to work on Sundays if necessary. Councilman Patrick made a motion the permit for extended working hours at the Heritage Pavilion be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of March 20, 1995 Minutes (B) Three-way Stop Sign at Intersection of Stephens Street and Mann Street Councilman Hawkins made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. SHOW CAUSE HEARINGS: (A) E-Z Serve Convenience Store (CITGO) - 1166 Concord Road and 2610 Cobb Parkway Mayor Bacon asked if the individuals representing the E-Z Serve Convenience Stores at the above locations were present. He then asked that those individuals representing E-Z Serve Convenience Store at 1166 Concord Road come forward. He stated the individuals representing the 2610 Cobb Parkway location would need to leave the council chambers and stated they would be called when that portion of the show cause hearing began. Mayor Bacon then instructed the individuals who were present for the other show cause hearings to leave the council chambers and told them they would be called as their hearings began. Mr. Tom Besso, District Manager, stated he is actually representing both E-Z Service Convenience Store locations as well as the Majik Market at 3002 Atlanta Road. He stated Mr. Robert Walburn, the license holder for the E-Z Service Stores is in the hospital and unable to be present tonight. He then introduced Mr. Glover, Supervisor for the Smyrna stores, Ms. Purcell, Training Director for the Smyrna stores and the two employees who were cited for the offenses. Mayor Bacon stated the show cause hearings are the result of investigations of selling alcohol to minors. Mayor Bacon stated Lt. Martin, Smyrna Police Department, will give testimony first, followed by the representatives of the E-Z Serve Convenience Stores. Mayor Bacon asked all persons who would be testifying to come forward. City Attorney Chuck Camp swore in the witnesses who would be testifying. Councilman Newcomb stated the first issue before the Council is at the 1166 Concord Road - E-Z Serve (Citgo) location. He also stated the records show Mr. Robert Walburn as the agent for this location. Lt. Martin stated that due to several complaints in recent months and after discussion with Chief Hook, it was decided to conduct an alcohol sting. He stated on March 6, 1995, he sent along with Detective Wood who was present and video taped many of the sales, sent in an 18 year old white male the first I April 3 1995 meeting - continued time. (He presented a picture of the subject for the review of the Mayor and Council.) Lt. Martin stated this was the subject sent in on the first day and that was exactly how he looked on the day he was sent in. He further stated the subject did purchase a six pack of beer, the clerk that was working that day did not check his identification at all. He stated she was subsequently cited for selling to an underage person and for selling without a city alcohol permit. He stated on March 14, 1995, he again sent in another subject (he presented a picture of that person, that was taken the day he was sent in). He stated the clerk who was working that day checked his identification and still sold to him. Lt. Martin stated he was carrying a ticket (which he presented to the council for their review). Lt. Martin stated the ticket was for under -age possession of alcohol which was written across the ticket. Lt.Martin stated he had purposefully darkened the date of birth section on the ticket so that it would be the most readable part of the ticket and yet the clerk still sold to him. Mayor Bacon asked Lt. Martin why he returned to this location this second time. Lt. Martin stated that particular morning he had received another complaint from another individual, a parent, who had called and was concerned that their child had bought some alcohol there since the first sale and that is why we decided to target them a second time. Councilman Hawkins asked Lt. Martin if it was correct to say that reading the date of birth on this ticket, that this person would not have been twenty until October of 1996. Lt. Martin stated that is correct and the person is actually 18 years of age. Mayor Bacon asked if there were any additional questions of Lt. Martin at this time. There were none. Mayor Bacon stated that since Mr. Walburn is not here due to hospitalization he asked Mr. Besso to step forward. Mr. Tom Besso stated he is the District Manager for the Atlanta stores. He stated that the Item C on the agenda - Majik Market, 3002 Atlanta Road, is also his responsibility. He said basically the E-Z Serve stores used to be Majik Market. Councilman Lnenicka asked Mr. Besso to explain Mr. Walburn's (the agent of record) absence. Mr. Besso stated that according to what he has been told by the Corporate office in Houston, Mr. Walburn is in the hospital and could not be present tonight. Councilman Lnenicka asked if Mr. Walburn is hospitalized in the metro -Atlanta area and Mr. Besso responded yes. Mr. Besso then stated they had taken over the Majik Market Stores in September and began changing them and they are slowly becoming E-Z Serve Stores. He further stated they proposed to change the image of the Majik Markets and spent $2 million in interior renovations and an additional $2 million in external renovations. He further stated they did not terminate all the former Majik Market employees nor did they intend to do that -- they became employees of E-Z Serve and they began a training program. He stated when the stores in Smyrna were cited, they realized they had a problem. He stated when he received the letter from Mayor Bacon they immediately removed the alcohol from the floors. He stated they did realize they had a major problem. He stated Mr. Glover, supervisor at that location, met with Lt. Martin to find out what they needed to do to obtain certificates since they did not have them. He also stated their employees had not been trained properly and met with Ms. Purcell, Training Director, and began a training program as quickly as they could in order to train their personnel. He stated the fact that the young lady was cited again after taking that ticket was not a training problem, that was certainly a disobedience problem. Mayor Bacon asked if they took over the ownership six months ago, did they not think it was important to have a training program for those employees. Mr. Besso responded their employees did have a training program during that six months and when the recent events occurred he realized the training program was not what they needed to have. He stated they stepped up the training program and put together an entirely new program. He stated it his stores policy in Atlanta to ID everyone who purchased alcohol and what they are proposing to do in the City of Smyrna is to run frequent classes and pay for those classes for all off -premise licenses in the city of Smyrna, all they need is a place to have those meetings and they will pay for that. Mayor Bacon stated that the problem he had was when Mr. Walburn came before this body, he was questioned as the license holder and told how important it is, that he was the one responsible for that establishment and you have to have someone in the store that knows what the law is, that they have to card folks, that they do not sell to underage kids. Mayor Bacon asked Mr. Besso what percentage of alcohol his store sells and Mr. Besso responded almost 30% of the total business is in alcohol sales. Councilman Lnenicka asked Mr. Besso how many times he had met with Mr. Walburn and Mr. Besso responded he had not met the man at all. Councilman Lnenicka then suggested that E-Z Serve consider changing the license holder so that whoever that person is, is present and active in the business and with the management and the supervisors and the employees carrying out the duties the City charges him with by granting that license to him. Mr. Besso responded that was absolutely necessary. April 3, 1995 meeting -continued Councilman Hawkins asked if Mr. Walburn was an employee of E-Z Serve and Mr. Besso responded he is not. Councilman Hawkins if Mr. Walburn had been a former employee of Majik Market. Mr. Besso responded that from what he understood he did have something to do with Mr. Mumford, who owned the Majik Markets some years ago. Mr. Hawkins then stated the new ordinance does call for the license holder to be an employee of the company. Mr. Hawkins stated he was concerned that E-Z Serve had owned the stores in Smyrna for six months and yet no one had met Mr. Walburn and he further stated he thought perhaps the license holder was the root of the problem. Mr. Besso stated he relocated from Texas and he never had a citation in the two years in Texas and did not realize the magnitude of the problem here until the sting operations occurred. Councilman Wood expressed his concerns over the length of time E-Z Serve has owned the four businesses in Smyrna and yet no one knew the license holder of two of the locations. Mayor Bacon asked Ms. Augustin Noubissie if she was the clerk who actually sold the beer to the underage person. Ms. Noubissie responded yes. Mayor Bacon asked if it was true that she did not ask for identification. Ms. Noubissie responded she did not ask for identification. Mayor Bacon asked if there was any reason she did not ask for identification. She responded she had checked his identification on two previous occasions, that he was a regular customer, and that he had been coming into that location for about a year. Mayor Bacon asked if he had shown her an identification on another occasion. Ms. Noubissie responded yes sir. Mayor Bacon then asked if she had ever had any type of training on what to look for, how old a customer has to be, or any kind of training that the company did when she was first hired. Ms. Noubissie responded yes, there are rules they have to follow, and one is to check identifications. She stated they are always supposed to check the identification of their customers and she said she had checked his identification two times before and that she had even told the officer if he could bring the operative back, she could show him that she had checked his identification before and she stated that she knew he was older than 21 and that is why she sold him the beer. Councilman Hawkins asked Ms. Noubissie if she still believed the operative was older than 21 and she responded yes she did. She stated she wanted to tell the officer in front of the operative that she knew he was older than 21 because she had checked his identification before. Mayor Bacon asked if she was saying the operative had produced a fake identification before with a date that indicated he was over 21. She stated he has been coming there for over a year and she has checked his identification before, and that he always buys beer there. She said he had shown her an identification that indicated he was over 21. Councilman Cramer asked if it was an identification other than a Georgia Drivers License and she responded it was not a driver's license, it was a citation, ticket. Mayor Bacon asked if the company provided her with training when she was first hired by the company. Ms. Noubissie responded yes, the supervisor had trained her. Mayor Bacon asked if she had a permit to sell beer and she responded no she did not, that she was not aware one was needed. Mayor Bacon asked Cynthia Maduenyi to come forward. Ms. Maduenyi was charged with the second offense at this location of selling alcohol to an underage person. Mayor Bacon asked Ms. Maduenyi if she asked for identification when the operative came into the store. She responded she did and was show a copy of the ticket and she sold him the beer but she said she really did not look at the ticket very well and she was very sorry that she sold him the beer. Mayor Bacon asked Ms. Maduenyi if she had a permit to sell alcohol and she responded she did not know she needed a permit. Mayor Bacon then asked if she had been trained for selling alcoholic beverages and she responded yes by her manager when she worked at the Powers Ferry location. Mayor Bacon asked if there were any questions for Ms. Maduenyi, there were none, the then asked Lt. Martin if there was anything he would like to add on either of these charges. Lt. Martin stated that the first subject who went on, on the first day of the sale, was checked to make sure he only had one form of identification on him and that identification indicated he was 18 years of age. As far as the second sale goes, he stated he did not charge that young lady for selling without a permit because she had only been at that location eight days and the city ordinance requires you to be at a location two weeks before you have to have a permit. Mayor Bacon asked Lt. Martin if there was any indication the operative might have had a fake I VC April 3 1995 meeting, - continued identification at some time and had used it. Lt. Martin stated he had asked the operative about that and he said he had never produced any fake identification, that they never asked for any identification. Mr. Besso stated they have begun a new training program for their Georgia stores. He further stated the day of the sting operation Mr. Glover had met with Lt. Martin to see how quickly the employees could come to the police department to get their permits. Councilman Lnenicka stated he thought a critical issue was the fact the license holder was not an active license holder who would have made sure the manager knew the requirements for the city of Smyrna. He also urged Mr. Besso to have their company get an active license holder very quickly and make that person work with the store managers/employees to make sure the city ordinance is followed. Mr. Besso said that definitely was going to happen. Councilman Newcomb made a motion that the beer and wine package license for the E-Z Serve Convenience Store at 1166 Concord Road be placed on probation for five years effective March 15, 1995, as a first offense for the violation of selling alochol without a permit; for the violation of selling or offering to sell alcoholic beverages to a minor on March 6, 1995, as a first offense, the license be suspended for seven days effective March 15, 1995; for the violation of selling or offering to sell alcoholic beverages to a minor on March 14, 1995, as a second offense, the license be suspended for thirty days effective March 15, 1995 and that these suspensions are to run concurrently from the date of original suspension. He also stated that all access to alcoholic beverage coolers should remain locked or removed from public view along with displays and signs and Mr. Besso was reminded that E-Z Serve Convenience Store is ordered to submit an application for an authorized agent at this location on or before April 17, 1995. Motion was seconded by Councilman Cramer. Motion was approved 7-0. Councilman Newcomb stated the council would now begin the hearings for the E-Z Serve Convenience located at 2610 Cobb Parkway. Mayor Bacon asked Linda Faye Jowers to come forward and be sworn in. Lt. Martin stated this incidence occurred on March 14, 1995. The incidence involved the subject whose picture was shown earlier. The operative went into the E-Z Serve Convenience Store at 2610 Cobb Parkway where Ms. Jowers was working and got a six pack of beer and she did not check his identification. This sale is also recorded on video and audio tape. Mayor Bacon asked Ms. Jowers to step forward. He then asked if there was any reason why she did not check the operative's identification. Ms. Jowers responded yes, that at the time, she had a long line of people at her counter and was trying to rush to get the customers out. She stated she did think about asking for his identification, but she was too busy trying to rush out her customers and get in her stock and inventory. Mayor Bacon asked Ms. Jowers how long she had employed by E-Z Serve. She responded since November 27. He then asked if she had a permit to sell alcohol and she responded she did not. Mayor Bacon asked if she had ever received any training, and she replied no. Mayor Bacon told Mr. Besso that Ms. Jowers indicated she had received no training at all and wondered what his response to that was. Mr. Besso stated Ms. Jowers had received more training that the previous two employees here tonight. Mr. Paris Glover stated that just prior to the incident that occurred at 2610 Cobb Parkway, all of his people in the City of Smyrna were immediately informed that they were to produce a signed memo to reiterate the importance of identifying customers for beer sales and this particular location had been informed a week prior to the date of the sting operation at the Cobb Parkway location and were reminded to check identification for all beer sales and he stated he could produce the signed memorandums for all employees at that location. Councilman Newcomb made a motion that the beer and wine package license for the E-Z Serve Convenience Store located at 2610 Cobb Parkway be placed on probation for five years effective April 4, 1995, as a first offense for the violation of selling without a permit; for the violation of selling or offering to sell alcoholic beverages to a minor, as a first offense, the license be suspended for seven days effective at midnight April 4, 1995; he also included in the motion the necessity of the business obtaining an active license holder for this location. Mr. Camp stated it has been the practice of the city to allow a business to sell alcohol with a pending application for a license holder and that would hold true in this instance as well as the other location for E-Z Serve (1166 Concord Road). He also stated that all access to alcoholic beverage coolers should remain locked or removed from public view along with displays and April 3, 1995 meeting - continued signs and Mr. Besso was reminded that E-Z Serve Convenience Store is ordered to submit an application for an authorized agent at this location on or before April 17, 1995.Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C)* Majik Market #90759 - 3002 Atlanta Road (*Addressed out of sequence from the published agenda - see next paragraph) Councilman Newcomb then suggested the hearing listed as Item 7 (C) - Majik Market at 3002 Atlanta Road begin next since it involved the same owners. The parties involved in this hearing were brought into the council chambers. Ms. Agnes Esapa was asked to step forward and was sworn in. Mayor Bacon stated the agent for this location is Woodson Lee McFarlin, Jr. and asked if he was present. Mr. Besso stated Mr. McFarlin is an employee of the company but according to the Corporate Office he is not the licensed agent for that store. The Mayor and Council stated that Mr. McFarlin had come before the governing body and petitioned for the license. Mr. Besso stated when he petitioned for the legal department to be sure they had the records for Mr. McFarlin, he was told he was not the agent for that location and he is not present tonight. Councilman Newcomb stated the city would pull that application but in the meantime Lt. Martin would give his statement. Lt. Martin stated this incidence occurred on March 6, 1995, at the Majik Market located at 3002 Atlanta Road. The operative was sent in, he was not asked for any identification whatsoever, the clerk was subsequently charged with selling to an underage person and for selling with out a permit. He also stated the assistant manager, who was working in the booth with Ms. Esapa, was charged with selling without a permit. Mayor Bacon asked Ms. Esapa to come forward and he then asked if she was the clerk who sold to the operative without asking for any identification. He then asked if there was any reason she did not ask for identification. She stated she did not ask because the guy who came there was a regular customer and she had seen his identification five or six times, so she did not ask him since she had seen his identification which said he was over twenty-one years of age. She said he was in her store two days before he came on this date. Mayor Bacon asked if she was saying he had previously presented identification which said he was over twenty-one years of age, she responded yes. Mayor Bacon asked if there was any reason she did not have a permit. She responded her company did not issue one for her and when she asked them about it, they told her they did not know she was supposed to have one. Mayor Bacon asked if she had ever received any kind of training. Ms. Esapa stated yes. Councilman Wood asked Ms. Esapa what previous form of identification had the operative presented. Ms. Esapa stated it was a regular Georgia identification card, not a driver's license, and it was a picture identification. Mayor Bacon asked what form of identification her store had instructed her to ask customers for, and she responded any type picture identification that had the age on it. She stated she has been an employee of the company since December, 1994. Councilman Newcomb made a motion that the beer and wine package license for the Majik Market located at 3002 Atlanta Road be placed on probation for five years effective April 4, 1995 as a first offense for the violation of selling without a permit; for the violation of selling or offering to sell alcoholic beverages to a minor as a first offense, the license be suspended for five days effective at midnight April 4, 1995. During such time access to the alcoholic beverage coolers should remain locked or removed from public view along with displays and signs. He was also reminded that Majik Market is ordered to submit an application for an authorized agent for this location on or before April 17, 1995. Mr. Besso stated his name would appear on all those applications. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon stated he had concerns expressed to him by residents on Atlanta Road that this particular location was in need of being cleaned up. He stated there was a lot of litter at this site and urged Mr. Besso to have that manager clean up the business location. Mayor Bacon announced a five minute break after which he called the meeting to order again. (B) Circle K - 1828 Spring Road Mayor Bacon Mr. Lloyd E. N. Hall to come forward and also anyone who planned to give testimony needed to come forward and be sworn in. Mr. Scott Halpern, attorney for Circle K, and Steven Hostetter, Division President for Circle K, and Michelle Leone, District Manager for Circle K, came April 3, 1995 meeting - continued forward and were sworn in. Lt. Martin stated this incident occurred on March 14, 1995, and the operative went into the store, purchased alcohol and the clerk did not ask for any identification. He stated the clerk was subsequently cited for selling alcohol to an underage person and for selling without a permit. Mayor Bacon asked if Dana Joy Amos, the Circle K clerk, was present. Lt. Martin stated she had pled not guilty to the no permit charge, and has not gone to court yet. Lt. Martin stated she was not subpoenaed to be here tonight. Mayor Bacon then asked Mr. Hall to step forward. Mayor Bacon stated it was clear from Lt. Martin's testimony that the clerk failed to check the identification of the person purchasing the alcohol, did not have a permit and asked if this person had been properly trained. Mr. Hall responded Circle K has designed a training program to prevent this sort of thing from happening and she was trained. Mayor Bacon asked Mr. Hall what position he holds with Circle K and Mr. Hall responded that right now he is a private practicing attorney and until this event occurred, he did not realize he was still the agent of record. He stated he had originally applied for the license back in either 1987 or 1988. Councilman Wood then stated that right now the license holder is not an employee of the company. Mr. Hall stated that is correct but he also stated he was not aware of the ordinance change that required a full-time employee be the license holder, however, they do have a person available and will submit an application for that person at the first available opportunity. Mayor Bacon asked Mr. Hall if he could state for a fact that this clerk was trained. Mr. Hall responded that he was told that her immediate supervisors are here and the training program that they use includes video tapes, talks about carding anyone they believe is under thirty, but mistakes do happen. He stated this was a young girl, who was only nineteen, and apparently she was not as conscientious as she could have been, and that she is no longer with the company. Mr. Hall said in the past he was very actively involved in the operations of the business but he is not now. Councilman Newcomb asked Mr. Hall how many years he had not been active in the business and Mr. Hall responded since about 1991 and his only relationship with Circle K is his continuing association with his former partner, a close friend of his, Larry White, and ever so often he helps out with licensing problems they may have. Councilman Newcomb asked Mr. Hall who Circle K thought was the licensee for this location. Mr. Hall responded that in most areas there is not a name on the license, the corporation itself stands as the licensee for the business. Mayor Bacon asked Michelle Leone, District Manager for Circle K, to step forward. Ms. Leone stated she is the District Manager for that particular store in Smyrna. She stated she has a manager in that store and it is her responsibility to work with that manger on many different issues in the store. Mayor Bacon asked what percentage of their sales are alcohol, and she responded probable a good twenty percent. Mayor Bacon asked Ms. Leone if the clerk, Ms. Dana Joy Amos, had received any type of training that she could personally attest to. Ms. Leone responded she was formally trained but attending a class with a designated trainer, and the classes are uninterrupted. Councilman Cramer asked if Circle K had any internal sting operations at their various stores. Ms. Leone stated that she often will go back to specific stores and will sit down with tenured employees and go over a video tape that the corporation has, and stated she does this as a refresher for those employees. Councilman Cramer asked if Circle K has people who actually go out and try to buy beer from the employees after their training program. Ms. Leone stated they have done that some times but not on a regular basis. Councilman Wood asked Ms. Leone how long Ms. Amos has been employed by Circle K. Ms. Leone said she had only been with the company four weeks. Mr. Wood asked Ms. Leone if she was aware of the permit requirement and Ms. Leone responded she was not until this experience. Councilman Lnenicka stated that one thing learned tonight is the fact that Mr. Hall probably does not meet the definition of an agent as required in the city ordinances. He also stated one of the things Circle K needs to do right away is to find/appoint someone who meets the requirements of the city ordinance and appoint them as the license holder so they are there on a day-to-day or weekly basis to oversee this training, to assist you, to make sure that you as a manager know the local laws and are in compliance with them. He also stated that not having an agent active in their business is probably the reason you are here tonight. Ms. Leone stated she agreed and they wanted to comply with the laws and they have identified someone April 3, 1995 meeting - continued that will be able to fit the requirements. Mayor Bacon asked if the clerk was nineteen years old and was that a problem with her being younger than the legal age for purchase of alcohol. Ms. Leone stated that it was possible that she did not use the best judgement. Mayor Bacon stated he felt the responsibility for this incidence rested with Circle K as a corporation to be sure the laws are followed. He further stated he thought it would be a good idea for Circle K to instruct their employees to card everyone. Mayor Bacon asked if there were any other questions. There were none. Councilman Newcomb made a motion that the beer and wine package license for the Circle K at 1828 Spring Road be placed on progation for five years effective April 4, 1995, as a first offense for the violation of selling alcohol without a permit; for the violation of selling or offering to sell alcoholic beverages to a minor as a first offense at this location, the license be suspended for seven days effective„ at midnight April 4, 1995. During such time access to the alcoholic beverage coolers should remain locked or removed from public view along with displays and signs. He also stated that circle K should submit an application for an authorized agent for this location on or before April 17, 1995. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Fina Mart - 2539 Old Concord Road Mayor Bacon asked those persons involved with the hearing for the Fina Mart at 2539 Old Concord Road to come forward and be sworn in. Mayor Bacon stated Izzay Roy Denney is the agent of record for this location. Lt. Martin stated this incidence occurred on March 14, 1995, and he sent in a seventeen year old male to purchase alcohol. The operative approached the clerk who was working at that location and bought a six pack of beer. He stated the clerk never asked him for any kind of identification whatsoever. The clerk was subsequently charged with selling to an underage person and for selling without a city permit. Mayor Bacon asked Mr. Izzay Roy Denney to step forward as the agent for that location. Mayor Bacon asked Mr. Denney if he knew the clerk, Sayed A. H. Abidi and Mr. Denney responded he did. Mayor Bacon asked how long Mr. Abidi had been employed by Fina Mart and Mr. Denney responded three days. Mayor Bacon asked if Mr. Abidi had received any type training before he went to work and Mr. Denney responded he did. Mr. Denney stated the day the incident occurred, the clerk was doing inventory and had come in at 12 o'clock and was putting up cigarettes and it was their mistake, no question about it, but he just wanted to say they appreciate the city doing the sting and hope they will continue to do them as long as they are in business. Mayor Bacon asked what type training had been provided. Mr. Denney responded they had given him a list that he should identify everybody, that they should have a Georgia Drivers license, and he is to check the date. He further stated they keep a calendar at the cash register and tell them what date to check. Mayor Bacon asked how long it takes an employee to complete the formal training. Mr. Denney stated Mr. Abidi has been a cashier at other stores. Mayor Bacon asked Mr. Abidi to step forward. He then asked Mr. Abidi how long he had been employed by Fina Mart at this location. Mr. Abidi responded two to three days. Mayor Bacon asked if there was any reason he did not ask for identification. Mr. Abidi said he was asking everyone for identification but at that time they were busy and it was his mistake and he did not ask for identification. Mayor Bacon asked Mr. Abidi what type training he had been given as far as selling to underage individuals. Mr. Abidi stated that he had been told if anyone came in and asked for beer to be sure and ask for their identification and to check their birth date, and to verify their picture, and then he could sell the beer. Mayor Bacon then asked Mr. Abidi if it was his company's policy to identify everyone. Mr. Abidi responded yes. Councilman Lnenicka asked Mr. Abidi when Lt. Martin asked him how long he had worked at the Fina Mart, what did you tell him. Mr. Abidi was confused and did not offer a response. Mayor Bacon stated the reason he was being asked that was there is a grace period the police department will allow you to work before a permit is required and if he had told Lt.Martin he had only worked there two or three days he probably would not have been charged for selling without a permit. Mayor Bacon then asked Mr. Abidi if he had been working at the Fina Mart more than two weeks and Mr. Abidi responded he had not. Mayor Bacon asked Mr. Denney if he thought employing people who were not familiar with the English language presented a problem. Mr. Denney responded he thought Mr. Abidi understood the law but it is hard to communicate with him and he communicates with Mr. Abidi through another individual 13 April 3 1995 meeting - continued who can better communicate with him. Councilman Lnenicka asked Mr. Denney if Mr. Abidi is still an employee and Mr. Denney responded he is not. Mayor Bacon asked Mr. Ratio Jivani, owner of Fina Mart, if the city completely suspended or revoked his license, what impact would that have on his business. Mr. Jivani responded that even if the license was revoked for a few days it would hurt his livelihood. He also stated he is not only the owner of this business but is also a full time student at Georgia State and this is the only source of income he has. He also stated beer and wine is one of the biggest percentage sales in that store and if the license goes away, even for a few days, it would hurt his livelihood. Mayor Bacon asked what percentage of beer and wine versus other sales does that store have. Mr. Jivani probably 25% - 30 % is due to alcohol sales. Mr. Jivani apologized for the incident and stated his corporation does take this kind of thing seriously and wants to comply with the law and explained the cashier was brand new but they were sorry the incident occurred. He also assured the council something like this will never happen again. Councilman Wood stated it is very important to follow the identification procedures especially since his store is located across from an apartment complex where there are a lot of very young residents. Mr. Jivani said it is their policy to strictly identify everyone regardless of whether they look fifty years old or not. Mayor Bacon stated the day of this incidence, the clerk did not ask for identification and Mr. Jivani responded that was correct. Mayor Bacon asked Mr. Jivani if he would take measures to have the property around his store cleaned up and Mr. Jivani responded he would. Councilman Newcomb asked Mr. Denney if he works for the company and if so at what location. Mr. Denney responded he works at this location. Mr. Newcomb asked about the training provided and Mr. Denney responded it was simple - identify everyone, check the license, the picture and the date of birth. He then asked Mr. Denney how long Mr. Abidi had worked for their store and Mr. Denney responded three days. Mr. Jivani said he would like to explain. He stated Mr. Abidi worked two days while he was in training and then did not work for eight days and then he came back to work so actually you could say he had actually worked in the store three days. Councilman Newcomb then made a motion that the beer and wine package license for the Fina Mart at 2539 Old Concord Road be placed on probation for five years effective April 4, 1995 as a first offense for the violation of selling alcohol without a permit; for the violation of selling or offering to sell alcoholic beverages to a minor as a first offense at this location, the license be suspended for five days effective at midnight April 4, 1995. He also stated that until such time as the license is reinstated the alcoholic beverage coolers should remain locked or removed from public view along with displays and signs. Councilman Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon stated he felt there had been some mis-communication regarding the charge of selling without a permit due to the short length of time Mr. Abidi had actually been working at that location. He suggested he might want to go back to court and explain that and he hopes the court will take that into consideration and they might refund some of the fine money to him. Councilman Cramer again asked Mr. Jivani to clean up the store site and that he would be checking on the appearance of the site this week. (E) Cobb Center Amoco - 2711 South Cobb Drive Mayor Bacon asked Ms. Annie Virginia Duvall to come forward and be sworn in. Councilman Newcomb stated he wanted to ask Lt. Martin a question before he began his report. He asked what the violations were at the Cobb Center Amoco at 2711 South Cobb Drive. Lt. Martin stated she was only charged with selling to an underage person, they did have a city permit Lt. Martin stated at the Cobb Center Amoco at 2711 South Cobb Drive, the operative who was sent in was was an eighteen year old male. He stated he produced to the clerk who was working at that location a yellow ticket (photo copy presented to the council) that showed his birth date clearly indicating he was eighteen years of age. He stated the clerk still sold him the alcohol. Mayor Bacon asked Ms. Duvall to step forward. He then asked her if she knew Loretta P. Wood, the clerk, who sold the alcohol. Ms. Duvall responded yes that Ms. Wood was a former employee. Mayor Bacon asked Ms. Duvall if they have any training programs for employees before they go to work for April 3, 1995 meeting- continued Cobb Center Amoco. Ms. Duvall responded yes they do, it is to card everyone and they also have a calendar on the wall that states if a person is born on or before a certain date in 1974 they can or can not purchase alcohol. She stated they are also instructed to look at the month as well as the year in order to be certain they are of legal age. Mayor Bacon asked if Ms. Wood had this training. Ms. Duvall responded yes she did and that she was the one who trained Ms. Wood. Councilman Cramer asked Ms. Duvall how long she has been employed by the company and she responded five years. Mayor Bacon asked Ms. Duvall if she knew why Ms. Wood sold to the individual. Ms. Duvall responded said she did not know why as she had been instructed to identify everyone. Councilman Newcomb made a motion that the beer and wine package license for the Cobb Center Amoco, 2711 South Cobb, be placed on probation for five years effective April 4, 1995 and that the license be suspended for five days effective at midnight April 4, 1995, as a first offense for the violation of selling or offering to sell alcoholic beverages to a minor. During the suspension time access to the alcoholic beverage coolers should remain locked or removed from public view along with displays and signs. Councilman Cramer seconded the motion. Motion was approved 7-0. Ms. Duvall asked again about the suspension time and Mr. Lnenicka responded it was for five days plus a five year probation period. (F) Wallace Enterprises - 2370 Spring Road Mayor Bacon asked the representatives for this location to come forward and be sworn in. Lt. Martin stated on March 14, 1995, a seventeen year old male was sent in to the Shell Oil Station, Wallace Enterprises, at 2370 Spring Road. He stated the operative approached the clerk, Mr. Robert Wilson Jeter, purchased a six pack of beer and the clerk never asked for identification. He stated Mr. Jeter was subsequently charged with selling to an underage person and also for selling without a city permit. He stated the court dismissed the selling without a city permit because the judge felt he was not properly notified by the management of the company that he was required to have a permit. Mayor Bacon asked Mr. Jeter, the clerk, to step forward. Mayor Bacon asked him why he did not ask for identification. Mr. Jeter responded he was by himself and was very busy and was trying to do two things at one. He said at the time he was confused about who the beer belonged to and who was purchasing a Lotto ticket. Mayor Bacon asked Mr. Jeter if he had received any training. Mr. Jeter said no, he had not received any training. Mayor Bacon asked Mr. Jeter how long he had been at this location. Mr. Jeter responded he had been with Shell for about a year, but had been transferred from another location - the one on Spring Road. Mayor Bacon asked him again did he know anything about the requirement for have a permit and he responded he did not. Mayor Bacon asked if he was still working for Shell and Mr. Jeter responded he was not sure but as soon as he had to go to court he was terminated. Councilman Wood asked Mr. Jeter how long he had been selling alcoholic beverages and Mr. Jeter responded for about a year and a half. Mayor Bacon asked Mr. Brooks, the agent, to come forward. Mr. Brooks stated the supervisor goes out at least once a week and goes over the procedures with the manager and the manager passes it on to the employees. He stated they have been in business in Cobb County for a long time and they have never had anything brought up before on violations. He stated they try to run clean stations, work with the city and try to train their people. He stated they go over this and the employees sign for it. He also stated he holds a meeting with his supervisors every Monday morning and they go over stuff like this and they go back to their managers and they discuss it with their employees. He stated they have signs on the beer doors advising they identify people and have similar signs at the cash register. He stated their policy is to identify everyone. He stated he knew they were guilty of this offense but they try to work hard and try to prevent this. He further stated they have been in Smyrna a long time and they have identification buttons. Mr. Brooks further stated he did not want any beer sold to any minors and he has grandchildren and has all the licenses in his name. He stated this is the only violation of this kind they have had in Smyrna and the only violation he is aware of for Wallace Enterprises occurred in Alpharetta about five years ago and was a similar incident to this one. Councilman Lnenicka asked Mr. Brooks if they had document signed by Mr. Jeter that he had received April 3, 1995 meeting - continued the training. Mr. Brooks responded he did and it was dated June 6, 1994. Mr. Lnenicka asked Mr. Jeter if that was his signature on the form and Mr. Jeter responded it was. Councilman Newcomb made a motion that the beer and wine package license for the Wallace Enterprises at 2370 Spring Road be placed on probation for five years effective April 4, 1995, as a first offense for the violation of selling alcohol without a permit; for the violation of selling or offering to sell alcoholic beverages to a minor as a first offense at this location, the license be suspended for five days effective at midnight April 4, 1995. During the spspension period access to alcoholic beverage coolers be locked or removed from public view along with displays and signs. Councilman Patrick seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: No committee reports were given. Councilman Hawkins suggested that the City Administrator Bob Thomson write every alcohol beverage license holder to remind them all sales persons are to have photo permits before they can sell alcoholic berverages to customers. Councilman Lnenicka reminded everyone that Ridge Road at Atlanta Road is now closed to through traffic until April 24 and urged them to use an alternate route. With no further business, the meeting adjourned at 10:57 p.m. ✓z A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK ";PATRICK, IMILL • '6 ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 4 el CX Meeting of April 3, 1995 ITEM ��� q J A RESOLUTION BY THE MAYOR AND COUNCIL A RESOLUTION AUTHORIZING THE CITY OF SMYRNA FIRE DEPARTMENT TO RENDER AID AND ASSISTANCE IN THE EXTINGUISHMENT OF FIRES AND OTHER IMMEDIATE RESPONSE EMERGENCIES OUTSIDE OF ITS JURISDICTION; TO FORM A MUTUAL AID RESOURCE PACT WHICH SHALL BE A PUBLIC CORPORATION; AND FOR OTHER PURPOSES. WHEREAS, fires and immediate response emergencies occur, during which conditions of extreme peril exist which threaten the safety of persons and property; and WHEREAS, the fires and immediate response emergencies potentially present major public safety conditions, which are -- - ----- ---- - likely to be the control of the personnel, equipment and facilities of the City of Smyrna Fire Department; and WHEREAS, other political subdivisions of the State of Georgia are likely to be beyond the control of the personnel, equipment, and facilities of those jurisdictions; and WHEREAS, by combining the resources of the City of Smyrna Fire 1: Department with,the resources of other political subdivisions of the State of Georgia during fires and immediate response emergencies, the life and property of all citizens may be better protected; and WHEREAS, the City of Smyrna desires to provide the best possible protection to its citizens; and WHEREAS, the City of Smyrna desires to prevent disastrous incidents form occurring; and WHEREAS, the City of Smyrna desires to maximize the protection of life and property when fires and immediate response emergencies occur; and WHEREAS, the State of Georgia has provided for Mutual Aid Resource Pacts through G.C.G.A.§ § 36-69-1 et sea. 425-6-1 et sect. and C.C.G.A. NOW, THEREFORE. BE IT RESOLVED, as follows: Section 1: That the City of Smyrna Fire Department may render aid and assistance in the extinguishment of fires or other immediateresponseemergenciesoutside its jurisdiction. Section 2: That the City of Smyrna Fire Department may form a Mutual Aid Resource Pact with other jurisdictions, as defined in O.C.G.A."§ 25-6-1 et sea., said Mutual Aid Resource Pact being a public corporation. Section 3: That the Mutual Aid Resource Pact shall be governed by O.C.G.A._§ 25-6=1 et sea. r Section 4: That the City of Smyrna's Fire Department Fire Chief, or his or her designee shall be authorized to act on behalf of the City of Smyrna Fire Department on all matters relating to the activities and functions of the Mutual Aid Resource Pact once it has been established. Section 5: That the City of Smyrna Fire Department may withdraw form the Mutual Aid Resource Pact by Resolution and vote of the Smyrna City Council pursuant to O.C.G.A.-§ 25-6-1 et sea. Section 6: That the City of Smyrna Fire Department's liabilities, privileges, and immunities, including those of its firefighters or other persons acting on its behalf, shall be governed by O.C.G.A. § 25-6-1 et sea. Section 7: That expenditure of funds, not to exceed $500.00 be authorized for fees to join the Mutual Aid Resource Pact.