08-21-1995 Regular MeetingAugust 21, 1995
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was 4_
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, Budget Analyst Mike Hickenbottom, Assistant
Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Michael Seigler, 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, Chief
Building Official Scott Stokes and representatives of the press.
Invocation was given by Reverend Steven Kimmel, pastor of Smyrna First Baptist Church, followed by
the pledge to the flag.
Mayor Bacon recognized Karen Tarlano and John Teasley, BFI. Ms. Tarlano stated that BFI and the City
of Smyrna has just completed their third year of the recycling program. Ms. Tarlano then introduced
Pam Farino, Educational Coordinator for BFI. Ms. Tarlano stated the annual report (from June 1994
to June 1995) presented to the Council indicated the numbers, which reflect a 76% participation rate,
have been consistent and reflects that the citizens are using the program consistently. She also reported
the graphs included reflect the highest usage periods of time in the recycling program. Ms. Tarlano
reported the recycling program has been expanded to include several types of paper, corrugated
cardboard, paperboard, etc. plastic items now include #3 - #7 plastic containers, aluminum, tin cans,
motor oil, and tires can be dropped off at two locations -- Marble Mill or Southeast Recycling. She
encouraged anyone with questions to please call BFI at 792-4439 which is the Customer Service Division.
CITIZENS INPUT:
Mayor Bacon asked if there were any citizens present who would like to comment during this portion of
the meeting. There was none.
PUBLIC HEARINGS:
(A) Variance Request - 439 Auldon Court - Reduce Front Yard Setback from 20 Feet to 15.6 Feet
Mr. Thomson reported the corner of the two car garage at 439 Auldon Court is 4.4 feet over the front
yard setback line and Payne Properties has contracted to build a house on Lot 17 of Concord Glen
Subdivision. He also stated that after the foundation was poured, the purchaser wanted to add a double
car garage which necessitated the variance request.
Mayor Bacon stated the applicant, Mr. James Payne, is present and also that this is a public hearing and
asked if anyone was present in opposition to the granting of this variance request. There was none.
Councilman Wood asked Mr. Payne if he had anything to add to the variance request. Mr. Wood further
stated he understands the house is approximately 80% complete and has visited the site. Mr. Payne stated
the variance was the result of a miscalculation on his part and he is hoping for a resolution to the
problem. Mr. Wood stated that Mr. Tommy Eubanks, President of Glen Devon Development, has stated
he has no objection to the granting of this variance. He further stated Glen Devon Development owns
the lots on both sides of lot 17.
Councilman Wood made a motion that the variance request for Payne Properties at 439 Auldon Court
to reduce the front yard setback from 20 feet to 15.6 feet be approved. Councilman Lnenicka seconded
the motion. Motion was approved 7-0.
(B) Variance Request - 6015 Bordeau Walk - Reduce Front Yard Setback from 25 Feet to 15 Feet
Mr. Thomson stated Mr. Miller has a contract to build a pre -sold home on this lot and the corner of the
garage will be 10 feet over the existing 25 foot building setback.
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting
of this variance request. There was none.
Councilman Cramer asked Mr. Miller to explain the hardship associated with this variance request. Mr.
Miller stated that most of the setback requirements in the subdivision are 20 feet and for some reason this
setback is 25 feet which further compounded the problem. He also stated there is a bank on the back side
of the lot and a drainage easement along that bank and therefore to be able to put the house on this lot,
they will have to move the house forward about 9.5 feet. He stated this house is in conformance with
the other houses in the subdivision and should not present any obstructions.
Councilman Cramer stated there is a letter from Mr. Jack Thompson, owner of the adjacent lots,
indicating that he has no problem with this variance request. Councilman Cramer asked Mr. Miller if
the granting of this variance would then cause the other two adjacent lots owned by Mr. Thompson to
require a variance. Mr. Miller stated he was not sure but felt there is enough room on those lots to build
homes without variance requests. Mr. Miller stated there are only three remaining lots in the subdivision.
Mayor Bacon asked the price range of this proposed home and Mr. Miller responded $127,000.
Councilman Cramer made a motion that the variance request at 6015 Bordeau Walk to reduce the front
yard setback from 25 feet to 15 feet be approved. Councilman Hawkins seconded the motion. Motion
was approved 7-0.
(C) Appeal of Housing Code Violations - MAQ Kingstowne Associates, Ltd.
Mr. Thomson stated MAQ Kingstowne Associates, Ltd, are the owners of Kingstowne Apartments and
they are requesting an appeal to either withdraw or extend the time frame given for repair and
rehabilitation. He further stated the original deadline was July 10, 1995. He also stated the Community
Development Department recommends an extension for all violations to be completed by April 1, 1996.
Mayor Bacon recognized Patti Day, Senior Area Manager for NPI-AP Management Corporation. Mayor
Bacon stated this is a public hearing and asked if anyone was present in opposition to this issue. There
was none.
Councilman Lnenicka asked Ms. Day to explain to the council what they are doing and why they have
asked for an extension.
Ms. Day responded they are under a renovation at Kingstowne, now being referred to as Wexford Hills.
She stated the reason for the extension is the violations represented 174 apartments and the majority of
those apartments were vacant at the time the citations arrived in their office. She further stated that all
of these apartments, between now and January 31, 1996, will be vacated and probably 125 of the 174
units are now vacant and are under renovation. She stated all violations are being addressed in the
renovations. She stated thus far 121 units have been issued Certificates of Occupancy by the City of
Smyrna and 86 of those 121 units have also been issued Certificates of Occupancy by the City of Smyrna
for Wexford Hills Management to re -occupy. She stated they have had 52 of these units moved into, and
26 are scheduled for move in between now and September 1, 1995. She further stated the window
installation is at 52% at this time and 39% of the HVAC units have been installed. She stated all of the
citations will be covered during this renovation which they expect to have completed no later than the end
of March, 1996.
Councilman Lnenicka stated he understood they are spending more than $3 million in renovations to
every single unit. Ms. Day stated the actual figure is now at $3.3 million but they actually budged $3.5
million and hope they can complete the work under budget. Ms. Day provided the council with a
postcard and picture of a renovated building. Ms. Day further stated that after renovations are complete,
no apartment is occupied until the City of Smyrna has been out and issued a CO. Ms. Day further stated
the office has been moved to the front of the community and has been completely renovated; they have
also installed a controlled access gate which the residents are very excited about and the controlled access
gate will be activated November 1, 1995. She stated they have residents moving out between now and
November and in order to make it easier for everyone and to issue cards and set up the computer
program, they hope it will be completely usable within the next few weeks. Ms. Day reported the city
has been very cooperative during this renovation project.
Councilman Hawkins asked if the complex had changed ownership and Ms. Day responded no. Mr.
Hawkins then commended Ms. Day for the renovation project and the improved appearance of the
complex. Ms. Day invited the council to come and see the changes that have taken place.
Councilman Lnenicka asked Ms. Day about the off -premises sign, which still advertises Kingstowne, at
Quick Trip and what their plans were for that sign. Ms. Day responded they are planning to put a "slip-
cover" type banner (reading "Wexford Hills") over that existing sign and if that sign helps advertise the
complex they might consider replacing it with a permanent sign and if not, they may remove the sign.
Councilman Lnenicka stated he is very pleased with the results at the complex. Councilman Lnenicka
made a motion that the city extend the time for the violations to be corrected and the housing code
violations at MAQ Kingstowne Associates, Wexford Hills Apartments, for completion until April 1,
1996. Councilman Wood seconded the motion. Motion was approved 7-0.
August 21, 1995 meeting - continued
FORMAL BUSINESS:
(A) Bid Opening (Bid #95010) - Riverview Sewer Outfall
Mayor Bacon asked if there were any bids in the audience. There were none. Mayor Bacon stated six
bids were mailed but only one was returned. The bid was opened and read as follows:
D & H Construction Company $348,750*
(*Bid also notes that additional work may be required by the job condition and there is
no price quoted but cubic yard prices are included.)
Councilman Scoggins made a motion the bid be turned over to the Public Works Committee with a
recommendation to be brought back before council at the next meeting. Councilman Wood seconded the
motion. Motion was approved 7-0.
(B) Appointment to Planning and Zoning Board - Ward 7
Councilman Wood stated he was pleased to nominate Mr. George "Bud" Garvin, 3865 West Cooper Lake
Drive, for appointment to the Planning and Zoning Board. He further stated Mr. Garvin has been a
homeowner in Smyrna for approximately 17 years and is employed by Imperial Corporation as Executive
Vice President and is active in the community and church work. Mr. Wood then asked Mr. Garvin to
come forward and made a motion to appoint Mr. George "Bud" Garvin, to the Planning and Zoning to
Board for Ward 7 and to fill the term created by the resignation of Mr. John Hicks. Councilman
Lnenicka seconded the motion. Motion was approved 7-0.
Councilman Wood commented that Mr. Hicks did an outstanding job for the city during his term as a
member of the Planning and Zoning Board and stated he is sure Mr. Garvin will do an excellent job in
this capacity and officially welcomed him to the Board.
COMMERCIAL BUILDING PERMITS: There were none.
BID AWARDS:
(A) Bid #95007 - Water Meters (Utility Services Division)
Councilman Wood the Public Works Committee as well as the Utilities Services Division and the Finance
and Administration Committee. He further stated they are recommending the bid be split between two
vendors. Mr. Wood made a motion to award a split bid to ABB Kent Meters, Inc., for water meters
sizes 3/4" to 2" and on water meters size 3" and above the bid be awarded to Hughes Supply Company.
Councilman Hawkins seconded the motion. Motion was approved 7-0.
(B) Bid #95008 - Street Cuts
Councilman Scoggins stated three bids were received with the low bid being $.095 per inch foot from
Dixie Concrete. Mr. Scoggins then made a motion the bid for street cuts be awarded to Dixie Concrete
Cutting Company, the low bidder, at the price of 9.5 cents per inch foot. Councilman Cramer seconded
the motion. Motion was approved 7-0.
(C) Bid #95009 - John Deere 710D Loader/Backhoe
Councilman Scoggins stated two bids were received and the low bidder was Metrac, Inc. Mr. Scoggins
then made a motion the bid for the John Deer 710D Loader/Backhoe for the Public Works Department
be awarded to Metrac, Inc., the low bidder, for $121,540.00. Councilman Wood seconded the motion.
Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of August 7, 1995, Minutes
(B) Approval to Request Bids for Overhead crane for Garage (Public Works Dept.)
(C) Approval to Request Bids for Garbage Truck (Public Works Department)
(D) Approval of FY96 1% Road Improvements Project List]
(E) Approval to Request Bids - Asphalt
Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the
Aup-ust 21, 1995 meeting - continued
motion. Motion was approved 7-0.
SHOW CAUSE HEARING:
(A) On & On Bar and Grill
Councilman Newcomb asked Mr. Dixon McRae Allen, Jr. to come forward and give his name for the
record. Mr. Allen responded his name is Dixon Allen, Jr, owner and general manager for the On and
On Bar and Grill. Mr. Newcomb asked him to identify the two gentlemen who were with him. Mr.
David Crocker introduced himself and stated he is the manager of the On & On Bar and Grill; Eric
Thorstenberg attorney for Mr. Allen and the On & On Bar and Grill introduced himself. Councilman
Newcomb then asked Chief Stan Hook to come forward. Mr. Newcomb stated those persons who plan
to give testimony on this issue need to be sworn in by the City Attorney. City Attorney Chuck Camp
administered the oath.
Councilman Newcomb stated the purpose of this show cause hearing, which was scheduled for tonight,
is pursuant to Section 3-5-3 of the Alcoholic Beverage Ordinance, sub paragraph (62) which defines "due
cause" for this body to consider the suspension or revocation of a license: "When the sale of alcoholic
beverages at any location shall become a nuisance; or shall adversely affect the public health, safety,
morals or welfare of the community; or require police protection, enforcement or supervision to the
extent not required by any other retail sales of consumer goods or products." He then stated a letter
certifying this purpose was mailed to Mr. Allen and noted for the record it was received by Heather
Bennett. Mr. Newcomb stated he would like to begin by saying that in reviewing a little history, that
is, there were incidents at the On & On that have come to the attention of this body before through the
Chief of Police and in January there was a meeting with Mr. Allen. He then stated he was going to ask
Mr. Lnenicka, as chairman of the Police Committee, to review what transpired at that hearing in January
of this year.
Councilman Lnenicka stated that briefly the Police Committee, which consists of himself, Mr. Cramer,
Mr. Patrick and Chief Stan Hook met with Mr. Dixon McRae Allen, Jr., and another gentleman was
present - Mr. Allen Jackson. He further stated they talked about some of the issues and concerns they
had with that location, reviewed for the last year all the violations that they had police or incident reports
at that location or stemming from that location, reviewed each of those one by one, went through that,
talked with Mr. Allen and Mr. Jackson; asked them to explain what their problems and concerns were
from the management standpoint and to tell us what they were going to do to eliminate or reduce the
kinds of incidents that had prompted us to call that meeting. He further stated it was not a punitive
meeting, it was a meeting where they wanted to sit down and discuss again our concerns and try to
prevent any problems that were there from growing any worse, to review the facts so that we all
understood what the facts were, that they understood the number of incidents that we had through our
police department and suggest changes or make recommendations or to hear their suggestions and
recommendations for how they would manage this business in the future so that we wouldn't have any
more of these kinds of meetings. He also stated that at the time it was a very productive meeting and
he though all the committee members felt we had some promises from the management that the kinds of
incidents that had happened in 1994 would not be repeated in 1995, that they would make changes in the
way that they ran the establishment and that they all left the meeting hoping never to have another
meeting like that again. He stated, again it was a very productive meeting at the time but we have
continued to have a number of incidents that have prompted our concern and this hearing tonight.
Councilman Cramer stated he would also like to add that the Police Committee urged the owners and Mr.
Jackson at the time that if they indicated if there was a problem or needed our assistance, don't hesitate
to call and that agreement was said that we don't want you to handle all the incidents, we're here and
you're in the city and that promise was made to you that if you have a problem call us and that was made
clear.
Councilman Newcomb asked Mr. Allen if that was a fair characterization of the meeting he had in
January. Mr. Allen responded yes, sir. Mr. Newcomb then asked Mr. Allen to step forward and to use
the microphone. Mr. Newcomb then stated, Mr. Allen, the problem that we face is that since then the
Chief of Police has called to our attention that there continues to be problems from that location. Since
the Police Committee and you folks had met in January, it was his opinion, in fact, to us that there does
not seem to be a change in the management style or clientele and appears to continue to be a source of
police activity. Just to give a quick rundown of what is a pretty good thick stack of reports and that's
my characterization. Let's see, you opened in 1992? Mr. Allen responded September, 1993. Mr.
Newcomb stated OK, in 1993. Mr. Newcomb stated in 1993, there were sixteen calls, in 1994, there
were twenty, and so far already there have been fourteen which would extrapolate to the year it would
It 2.
August 21, 1995 meeting - continued
set up a bunch of calls for this year. He stated he wanted to outline some of the things and the purpose
is not to dissect each one of these bdf'to help you and the members of council to understand the pattern
and remember the issue at hand is that section of the Alcoholic Beverage Ordinance that "when the sale
of beverages become a nuisance due to shorten this increased... requiring the need for extra police
protection and so forth. He then stated let me run down some of these. January 22, 1995, public drunk,
minor in possession of consumption, simple battery, five males create a disturbance in the bar, assaulted
the manager, units arrive, suspects fled on foot, two arrests were made, one of those was an underage
person who should not have been drinking at the On & On; February 2, 1995, a domestic dispute, the
police were called; February 11, DUI arrests on site, male subject was arrested leaving the premises of
the On & On Bar for driving under the influence, same month, February 16, disorderly conduct, public
drunk arrest, a male was arrested after causing a disturbance and fighting inside the bar; during the
investigation was observed by the officers on the scene that the staff on duty was drinking, and that the
bar had failed to properly establish the age of the arrestee as he had no identification on him, one of the
waitresses did not have a alcoholic permit, all of those things being a violation of the ordinance. Same
month, February 28, a female was arrested for public drunk at the bar, she had been ejected from the
bar at closing and was trying to kick in the front door; according to the officers she was extremely
intoxicated and had been served in the On & On; March 27, there was a burglary at the On & On Bar;
April 8, Alcoholic Ordinance violation, while investigating another incident there was a pedestrian
accident, the investigating officer discovered several of the employees did not have alcoholic permits.
One subject who the officer knew had been employed some time was issued a citation; May 9, an officer
followed a suspicious vehicle into the parking lot of the On & On Bar and observed the occupants of said
vehicle entering the bar, after running the tag of the car it was reported that the vehicle was stolen and
an arrest was made; May 10 a verbal confrontation started between several patrons in the bar, the
domestic situation escalated and ended up as a fight in the parking lot outside the bar, two males were
arrested for disorderly conduct; June 14, an incident began as a domestic situation between the bar
manager and another subject; the theft began as a hat belonging to the other subject and a phone
belonging to the bar manager, the manager Mr. Weems, enlisted the aid of five males to assist him with
the other subject, supposedly the males assaulted the other subject and stole his wallet; June 18, the
officers observed an under aged female leaving the bar and upon investigation it was discovered that she
was fourteen years of age and had been served alcoholic beverages in the bar, the manager was charged
with having a minor on the premises and being open after hours; July 7, a male subject was arrested for
starting a fight and assaulting another person inside the bar; July 9, a patron of the bar reported the theft
of $100 according to the report, the patron was going to buy a round of drinks for everybody and placed
$100 on the bar, turned his back for a second and turned around and it was gone, there were no witnesses
but folks started yelling and things got out of hand. He then stated it appears from reading this that there
is a pattern of something's gotten out of hand at the bar. One could conclude that it's become a magnet
of some kind for either bad luck or situations happening, or bad management, or whatever, but that is
a notable list. Mr. Newcomb then asked Mr. Allen if he would like to reply to his conclusion.
Mr. Allen stated there is a myriad of different reasons why a bar and restaurant will have problems like
this. He stated when he talked with the police meeting before, they said "Dixon, you've got several of
these calls coming into your bar and restaurant." A lot of these calls are going to continue to come in
and we want you to call us, like if there is a domestic disturbance in your bar, if there is a fight to break
out in your bar, a lot of these things that you read in your report they said don't handle yourself, let us
handle them. He stated the biggest problem they have had that he feels like they have resolved was in
management. You know the general management of the bar is under my direction, I'm also the owner.
I spend most of my time there from early morning til possibly 7:00 or 7:30 at night. I have full custody
of my thirteen and a half year old and I go home and do Mr. Mom with him. The management team
that I had assembled prior to now, interviewed very well but I made poor judgement or they just
interviewed better than my judgement. I had to make different transitions which were causing a myriad
of the problems that you just read. Under aged people in bar, we've gone into extra payroll where we
have a door person on the door now; being open after hours, we close early now or give last call early
to make sure that everyone is out of the bar; a couple of those charges that you read are still under, I
think Mr. Weems pleaded not guilty to both of them, but we have an entire new management team, we
have a new staff of people, we have spent several thousand dollars in the past two months making the
building and the interior and the food quality more appealing to the community and we at Rio
Corporation and the On and On want to do anything possible that we can do to maintain a good
relationship with Smyrna without creating these problems. And I feel like the management team that we
have assembled now and the direction that we're pointed in, it looks like we might have brought this
problem under control.
Councilman Newcomb said to Chief Hook, you heard me list off those series of violations and you had
submitted by this documentation to us, do you stand by these reports. Chief Hook responded, yes, sir
they are all direct copies of the reports made by my officers who were at the scene and investigated the
August 21, 1995 meeting - continued
allegations and/or made the arrests.
Mr. Newcomb stated he has the impression that we don't have this many kinds of instances at other
establishments serving alcohol. Is that a correct impression, Chief? Chief Hook responded that was
correct. Whenever we have this type repeated offenses, repeated violations, at a restaurant that serves
alcoholic beverages, then we note of it and take corrective actions as we did in January. Normally, we
eliminate the problem. This one here seems to have not eliminated it and that is why I brought it to the
Council's attention a second time. We don't seem to have gained anything.
Mr. Newcomb said you heard Mr. Lnenicka's characterization of the meeting and Mr. Allen's feeling
that that was a fair characterization, would you agree with that sir. Chief Hook responded that was
correct.
Mr. Newcomb said thank you.
Mr. Thorstenberg asked if he could address this committee for a few moments. He said he was the
corporate attorney for Rio Corporation and has also known Mr. Allen personally since 1990. I have
known of him when he has had various other ventures, not only here but in other parts of Cobb County,
and I know that he is a business man who is well versed with certain business risks and when matters that
need correction are brought to his attention, he seeks to correct those as readily as possible. I can say
from my review of the corporate books and records, that there was a significant, serious problem
certainly in the early part of this year starting in January/February of 1995. There were just some bad
apples, there is no other way to characterize it, on the premises there who for a short period of time were
in a management position. Those people are no longer there. Mr. Allen is very serious about his
commitment about wanting to rectify the situation, and although I agree with you that there is certainly
a list of charges that has developed, some of which it is true do run the time gamut from January through
June of this year, it takes time to work things out and he is truly committed to working them out. He
has expended a significant amount of personal assets on renovation and he's also put some money into
additional payroll. I really do think, given appropriate time, that these corrective measures can be
implemented. He's also included in those measures additional staff training, albeit it is necessary to call
the police sometimes when there is a potentially violent or domestic situation, he has also emphasized to
present staff members how to keep a lid on things and to keep things from getting out of hand without
having to involve city resources and city time. At first glance the stack of alleged violations does appear
impressive but I would ask that the entire council give some credence to these steps that he is attempting
to take to put in place. A new, renovated establishment that will serve the community and will be a
credit to the community.
Mr. Newcomb stated, don't misunderstand. There is certainly no ... let me put it this way. The city is
certainly glad that the police have been called when they needed to be called. The point is why are they
needed to be called so much. In terms of the things that you have just said you'd like to do ... Mr.
Lnenicka, to put it bluntly, have you heard some of this before last January?
Mr. Lnenicka responded yes, Mr. Thorstenberg, that is what I wanted to comment on. When we met
with Mr. Allen and Mr. Jackson back in January, January 11, we had a very good meeting but we
highlighted some issues of concern. Again, we went through, I forget the exact number, maybe it was
twenty or thirty police reports going back again a good distance of time and we characterized or
summarized, maybe, where they all sort of led. There were a couple of issues that seemed to stand out
over and over again, recurring things. Two that I recall were serving patrons past, well beyond the level
of intoxication where they became uncontrollable and the second part was late hours. Both of those
seemed to be factors. You could throw in there some indifferent supervision by the management, but
we were promised very, very forcefully that having seen the light or had these issues brought to their
attention, that changes would be made. We accepted that in very good faith. Again, we tried to make
the meeting serious but not a confrontation. We want nothing more than any business, this one or any
other in Smyrna, to be successful and,to'provide a service to our residents, our residents to be safe there,
coming there, going from there, while they are there. We want all the same things that any other
businessman wants, but I have to confess as Mr. Newcomb put it, I've heard this before. We were given
very strict and serious assurances in January that these problems would be corrected and what we've seen
are some of the very same problems recurring over and over again and you know we can talk about
changes in management, but, who is responsible if not Mr. Allen. Ultimately, he is responsible. I
understand all the other issues that we've talked with him about his family situation and his hours, but
he is the responsible party. I am not, you are not, Chief Hook is not; ultimately the owner, the manager
is responsible for that facility. What makes tonight, August 21, different from January 11, I say that not
as a rhetorical question but as a very serious question, what makes the assurances we're getting tonight
different from what we were assured in January.
August 21. 1995 meeting - continued
Mr. Thorstenberg said that was a very valid and serious question. As I mentioned and as Mr. Allen
mentioned there has been a total revamping in essentially the personnel who are on premises there and
although I'm a corporate attorney who'handles the books and records, I get over there perhaps once every
six to nine months or so and just walk in and recently I've noted a totally different change in
circumstances and the caliber of the people now running the establishment. I know obviously that the
city utilized its time and resources in January to put them on notice as to the problems, but frankly, these
things do take time and it seems as though at least there were a couple of those incidents where people
drove to the facility from other facilities and perhaps were already impaired upon arriving there. I don't
think it would quite fair to hold Mr. Allen accountable for that. In terms of management, for the time
period that Mr. Allen is not there, he now has a very experienced, very knowledgeable assistant manager,
Mr. David Crocker, and if council would just bear with us a moment I would like for Mr. Crocker to
briefly go over the major changes he has implemented. If we may?
Mr. Crocker stated he has worked here in Smyrna for quite a while. Most of your police force knows
me, I have maintained their 911 center for the last three years as service manager of Garret Diversified
here. I live here, raised my family here, come from a law -enforcement background of five years in the
State of Ohio. We have made serious changes over the last month and a half in the management, in their
licensing, they are all required to have their permits and they do. We constantly keep someone at the
door, all ID's are checked, I don't care if they look sixty-five years old until we know these people
personally and professionally, everyone is ID'd at the front door. We've tried to clean the establishment
up, the bar tops have been resurfaced, we're changing the whole atmosphere and within another month
it should look more like an Applebee's instead of a neighborhood bar. We just ask that we be given a
chance, a probation period if you call it you know, 60 to 90 days to prove all these points. I really don't
know what it is that you would like to see there. I've been in a lot of establishments in my life and I
don't see things a lot different in this one than I do in say if I drive down the road to a place like My
Brother's Place or Murph's or Timbers. People go to bars to drink. Unfortunately, the laws are very
strict on drinking and driving. I personally have called taxi cabs for customers, taken them home myself,
and will continue to do that. I rule with a very strict hand, I have fired all the staff that I felt was a
problem or was allowing problems to happen in the club and we've replaced them with new people, with
experience and licenses. If there are any questions, I could answer.
Mr. Lnenicka asked Mr. Crocker when was he hired, when did he start working. Mr. Crocker
responded approximately two months ago he started working with Mr. Allen. He stated they have been
friends for over two years. My other employment did not allow me to be a part of management, we've
talked about this before, and I recently became unemployed and decided that I needed to do something
else and so we sat down and talked again over dinner at my house and decided that I would come in and
help with the management problems that he has had.
Councilman Lnenicka said you mentioned My Brother's Place. I'll mention this for the public's benefit
as much as anyone else's. The kind of meeting we had with Mr. Allen and Mr. Jackson in January is
not unique. We had a similar meeting not long before that with the owners and managers of My
Brother's Place and while you are right, there's with the serving of alcoholic beverages it's impossible
probably to never, ever have a problem with any patron ever coming or going from a location from that.
We have seen an improvement in the operation of that establishment. You brought it up so I mentioned
it, we had this exact same kind of meeting with them and saw positive results come from that. Again,
I've got to come back and say given the assurances that we received in January, how do we know that
things are going to be handled if we go back even to June, we've got under age alcoholic beverage,
battery, theft, robbery, another theft, how do we know these problems are going to be resolved just
because you are there?
Mr. Crocker responded all of those, there's no 100% assurances anytime that all these problems will
never be there again. I can give you my assurance and I think there's enough people within your own
police department that know me personally and professionally, your communications director I worked
with for three years, Steve Ciaccio, I saw here, I worked with him before I worked with Jerry. I think
they know me professionally as a man of my word and I will do my ever level best to make all these
things correct and right.
Councilman Lnenicka asked Mr. Crocker what hours he is on duty at this location. Mr. Crocker
responded he is on the premises on and off throughout the day and is there from 8:30 til close every
night. Mr. Lnenicka asked if that was seven days; Mr. Crocker responded yes, sir. Mr. Lnenicka asked
what time is closing and Mr. Crocker responded they officially close at 4:00 a.m. and I try to get
everybody out of there by 4:00 a.m. My understanding of your regulations which I am going through
and trying to understand your own liquor control laws here, is that we have until 4:30 a.m. to get the
last person out of the door and that is my understanding. However, we have never had it take that long.
Aup-ust 21, 1995 meetinp, - continued
Councilman Wood asked if they have a late hour permit. Mr. Crocker responded yes, sir.
Mayor Bacon stated that Mr. Crocker mentioned that they ID or have someone at the door? Mr. Crocker
responded yes, sir. Mayor Bacon asked what do they check, do you have to be 21 years of age to get
in. Mr. Crocker responded according to the laws that he understands, that they have up until 10:00 p.m.
and he is changing that to an 8:00 p.m. rule for the under age because whenever we would have live
entertainment, it's a little hard to have a band start at 9:00 or 9:30 and then start trying to find someone
who might have been eating, having a coke in there at that time. So they are changing that rule to an
8:00 o'clock rule and from that point on someone is on the door. He further stated he personally goes
through when I'm in at 8:30 and check everybody that is in question and if I don't personally know them,
if I know they haven't been checked, now we're using right now just a permanent marker to put a mark
on their hand as they come through if their ID is OK, that way we don't have to harass any customer
several different times checking ID's. He further stated that the person that stays at the door just does
that, that is all they do, they have no other duty there just to check ID's. If they have a problem I am
right there in the room watching all the time and so far it has not been a major problem. We've had a
couple try to come in but it doesn't work. Through the slow nights of the week, I don't feel like
someone has to sit right there because there is not enough clientele to warrant that, so I watch out myself
for that on Thursday, Friday, Saturday and Sunday night we have someone checking ID's continuously.
Councilman Newcomb said thank you sir. A couple of the points that you made I am not sure if they
help your point or hurt your point in the sense of you'd like to be like an Applebee's, well the point is
that you haven't been like an Applebee's. We don't have these kinds of calls from them. Mr. Crocker
said that is understandable, sir, and there again I have just recently taken over so I would just like to have
the honorable council's blessing to just give me a small probationary period to prove my point. Mr.
Newcomb said the attorney's point that ya'll shouldn't be held accountable for folks that drive from some
other place to your place, I guess the question is what makes them think that they can get thrown out of
or leave some other place and go to your place. Mr. Crocker said he was not sure of the mentality of
someone drinking. He further stated his father was an alcoholic and I didn't understand it then, when
I see someone I think has had enough and I have done this to customers I see every day, I tell them that
this is enough, I'm sorry, let me take you home or call you a cab and that is how I would like to
approach that. I think they should be allowed the free will to do as they please as long as it is not
infringing on other people's rights and DUI is a serious problem and I would hope that no one would get
out and get on the highway if I had anything to do with it. Councilman Newcomb said thank you sir and
I know Mr. Patrick has been chomping at the bit over here and it's in his ward and I know he's been
particularly concerned with this. He then called on Mr. Patrick.
Councilman Patrick said frankly I am bitterly disappointed. We had this meeting on or about January
11 when we were given all assurances that the matters of civic concern relating to the On & On Bar and
Grill would be cleaned up. It is quite obvious they haven't with a preponderance of citations that have
been issued. He therefore recommended that the license for alcoholic beverages for On & On Bar and
Grill at 2528 Spring Road be revoked. Councilman Scoggins seconded the motion. Motion was
approved 6-1 with Mr. Lnenicka opposed.
Mr. Thorstenberg stated for the record he wished to preserve a constitutional objection to that.
COMMITTEE REPORTS:
Councilman Cramer stated the city has received nothing but compliments regarding the fireworks and
concert hosted by the City on August 11. He expressed his appreciation to Parks Director Steve Ciaccio
and his staff for their excellent job in preparing for this event.
Councilman Cramer also paraphrased a letter from the Smyrna Swim Association expressing their
appreciation to the Parks and Recreation Department staff for supporting them in the recent Fifth District
Swim Meet held at Tolleson Pool.
Councilman Lnenicka asked Chief Hook to report on the status of the COPS unit. Chief Hook reported
that on Monday, August 14, the city officially began the COPS (Community Oriented Policing Service)
to the city of Smyrna. He stated the police vehicles for the COPS unit are white and are different from
the other police vehicles. He urged the citizens to contact Lt. Mike Brown if the COPS unit can be of
assistance to them. Chief Hook reported all senior officers and people who had a desire to be a part of
the program are assigned to this unit.
Councilman Lnenicka stated he had asked the city engineer to follow up on the South Cobb Drive signal
synchronization project and he reported the bid was let by the State to a company named Church and
August 21. 1995 meetinp, - continued
Tower Fibertel, Inc., for almost $800,000 and the project is slated to be completed by December 31,
1995. If not completed by that date;- they receive $250 a day in penalties.
Councilman Lnenicka reminded everyone qualification for city elections is coming up the week of
September 11 - 15, 1995.
Councilman Lnenicka stated he had talked with Commissioner Joe Lee Thompson yesterday regarding
the Atlanta Road widening project. He further stated he is a little disappointed the Smyrna portion of
that project has not been completed at this time, in particular the section in front of Campbell High
School.
Councilman Wood stated that there is no report from the Finance Department tonight. Mr. Wood
reported the city is going through its audit process and the report should be completed by the outside
auditing firm of Anderson Hunt and Company and the city will have ended the year with a small surplus.
Councilman Patrick asked Mr. Seigler for a report on the Library. Mr. Seigler reported the new Friends
Newsletter will be coming out next week and will be called "Library Links" with 500 issues of it and will
be distributed to all the "friends", all the departments and around the community. He stated he and
Margaret Herring and he had gone through their first government documents training program and there
will be several more sessions of that. Mr. Seigler reported there are now voter registration forms at the
Library. Mr. Seigler reported they have completed the initial application to set up an inter -library loan
system which will allow anyone who wants to borrow something from anywhere else in the country to
use our library to access it.
Councilman Patrick stated he would do everything he could to expedite the lowering of the speed limit
on Hargrove Road from 45 mph to 35 mph.
Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms.
White announced Nita Hudson, formerly with their department, had returned to Texas and thanked all
the employees who had come by and said good bye to her last Friday. Ms. White reported there are two
job openings: one Detention Officer with a closing date of Friday, 08-25; Laborer II position in the
Parks and Recreation Department Facilities Division with a closing date of Wednesday, 08-30.
Councilman Newcomb stated there is no report from the Community Development Department.
Councilman Newcomb stated he and Councilman Patrick have been working together to lower the Spring
Road speed limit from Cobb Parkway to Village Parkway from 45 mph to 40 mph.
Councilman Scoggins asked Kathie Barton for a report on Community Relations. Ms. Barton reported
the annual report will be delivered August 23, 1995, and will be available at the Community Center,
Library or city hall. Ms. Barton reported there is a new updated Economic Profile of the city of Smyrna
and is also available for the citizens. Ms. Barton reported that Joanne's Hallmark, Crossings Shopping
Center, has agreed to carry the Smyrna postcards which sell for a quarter each. MS. Barton also stated
the "Welcome to Smyrna" guide is currently being revised as well as a new sanitation guide and a parks
guide. Ms. Barton stated she is hopeful the new Cluttered Carport Yard/Carport Ordinance will be
available and distributed in the water bills very soon.
Councilman Newcomb stated the last week in September will be the Fall Clean Up Week for the City
of Smyrna and encouraged the citizens to place their unwanted items at the curb for pickup. He also
stated the new ordinance will be effective October 1, 1995. Ms. Barton announced "Keep America
Beautiful" week is in April.
Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms.
Kirk stated the first month's results for our new contract with BFI for recycling reflects an 88%
participation rate which is very commendable. She further stated 182,860 pounds of material which is
91.43 tons and saved over $2,600 in tipping fees through this effort. Ms. Kirk reported that for the
citizens who live in multi -family complexes and do not have curbside recycling, the recycling center is
now accepting all the materials, except motor oil, that the curbside program takes and are also taking the
plastic six-pack rings. These rings are collected and mailed back to be "recycled. She reported there is
a newspaper drop-off bin at the Library for patrons who use the Library and live in a multi -family
complex and would like to bring them to the Library for recycling.
Councilman Scoggins reported the storm damage has created an abundance of chips that are available to
the citizens. He also stated the chips will be delivered to the homes if a truck load of chips are ordered.
August 21 1995 meetings - continued
He also read a letter from Mr. Alvis M. Weatherly, Jr., 710 Starlight Lane, expressing their appreciation
to Mr. Ray Curtis and his crews for their efforts in correcting a drainage problem that had existed at his
son's home in Smyrna.
Councilman Hawkins stated there is no report from the Fire Department this evening.
Councilman Hawkins reported that Ms. Jean Brannon, Ward 4 appointee to the Smyrna Clean and
Beautiful Commission, has resigned that position effective September 1, 1995. Councilman Hawkins
expressed his appreciation to Ms. Brannon, who could not be present tonight, for her tenure on this
commission. He indicated he has invited her to attend the September 5 council meeting and also at that
time he will announce his appointee to fill that vacancy.
Councilman Hawkins read a letter from Don and Thom Lillie, representing the businesses who were
annexed into the city last year, thanking the city for recent curb and gutter work on Lake Drive.
Councilman Hawkins stated he was pleased with the progress at the Kingstowne Apartment complex and
requested a report from Chief Building Official Scott Stokes on the Stephens Woods Apartment complex.
Mr. Stokes stated the city is trying to accomplish the same thing with Stephens Woods Apartment
complex that has been done with Kingstowne apartments. He further stated the city is trying to work
with them and it appears their financial situation is not as good as Wexford Hills (formerly Kingstowne).
He stated the last time they appeared in court the attorneys and the apartment owners discussed their
situation and where they were at this point in time. He stated the complex felt that if they did not receive
any funds by December they will have exhausted all their efforts for obtaining additional funding or
resources in that respect. Mr. Stokes indicated they have an FHA loan which was established in 1971
when the property was developed at an estimated cost of $1 million. He stated FHA and HUD has
visited the property, inspected the property and have estimated it will take $1 million to renovate the
complex. The staff at HUD has come up with additional resources for them but they indicated December
will be the deadline for when they will have the money. He also indicated that in December if they do
not have the money, the city will ask our attorney to have Judge Whaley hear the case and determine if
it can be kept in our Municipal court system or turn it over to Superior Court in Cobb County. Mr.
Stokes reported Stephens Woods has spent approximately $25,000 since the first court appearance in
April of this year.
City Clerk Melinda Dameron announced the city does have voter registration cards at City Hall as well
as the Fire Stations.
Mayor Bacon stated the next council meeting will be Tuesday, September 5, 1995.
With no further business, the meeting adjourned at 9:03 p.m.
We
A. MAX BACON. MAYOR MELINDA DAMERON, CITY CLERK
�e .v
RON NEWCOMB, WARD 2
''ILL SCOGGNS, w/AAD 3
JACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
OATH OF OFFICE
I, Francis Duke Roberts-, do solemnly swear that I will well and truly conduct myself
as Court Marshal of the City of Smyrna for the ensuing term, and that I will faithfully
enforce the Charter and Ordinances of said City to the best of my ability, without fear
or favor, and in all my actions as Court Marshal act as I believe for the best interest
of the said City. So help me God.
rancis Duke Roberts
Court Marshal
Subscribed and sworn to before
me on this low day of
1995
A. Max Bacon, Mayor
I, Humberto Rocafort , do solemnly swear that I will well and truly conduct myself
as Court Marshal of the City of Smyrna for the ensuing term, and that I will faithfully
enforce the Charter and Ordinances of said City to the best of my ability, without fear
or favor, and in all my actions as Court Marshal act as I believe for the best interest
of the said City. So help me God.
Humbert ocafort
Court M rshal
Subscribed and sworn to before
me on this to-rN day of
1995
A. Max Bacon, Mayor
OATH OF OFFICE
I, Gilbert David Thomas , do solemnly swear that I will well and truly demean myself
as Deputy Fire Marshal of the City of Smyrna for the ensuing term, and that 1 will
faithfully enforce the Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as a member of the Deputy Fire Marshal
act as I believe for the best interest of the said City. So help me God.
-/'09'A -
%a- I
Lt. filbert David Thomas
Deputy Fire Marshal
Subscribed and sporn to before
me on this 4P-7 day of
S, 995
A. Max Bacon, Mayor