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09-18-1995 Regular MeetingSeptember 18, 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, Deputy City Clerk Candis Joiner, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, 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 Edwin Clack, Sr., pastor of Central Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized State Representative Randy Sauder who provided the Mayor and Council with a brief update on the redistricting legislative special session. Representative Sauder stated the matter could not be resolved by the session and will now be resolved by the federal court. Mayor Bacon recognized Ellison Bennett, executive Housekeeper with the Residence Inn (Marriott) who expressed his appreciation to Mayor Bacon for the recent proclamation in honor of National Housekeeper's Week. Mayor Bacon recognized Ms. Juanita Lyle who thanked the Mayor and Council for the senior citizens program, Parks and Recreation and the good services they provide. PUBLIC HEARINGS: (A) Variance Request - 1159 Pinehurst Drive - Reduce Side Yard Setback from 10 Feet to 5 Feet Mr. Thomson stated the applicant, Mr. Crowe is requesting the variance in order to build a carport so that it can be aligned with the existing driveway. He further stated the applicant has stated the carport will be attached to the house and placing the new carport 10 feet from the side property line would make it difficult to enter with a car. Mayor Bacon asked the applicant to come forward. Mayor Bacon then asked if there was anyone present in opposition to the granting of this variance request. Ms. Juanita Lyle, 1169 Pinehurst Drive, and Mr. Edison, 1160 Pinehurst Drive, came forward in opposition to the variance request. City Attorney Chuck Camp administered the oath to Don and Bertie Crowe, the applicants, and to Ms. Lyle and Mr. Edison. Mr. Crowe stated the variance request is being requested to cover an expensive vehicle which is being destroyed by pine sap. Mr. Crowe stated the carport will aesthetically blend with his home and will have a hip roof. Ms. Lyle stated she is opposed to the carport being built and claims there is a drainage problem and felt the hip roof on the proposed carport would create more water flow onto her property. Ms. Lyle also stated there is an unattractive fence between the properties and she is concerned about the appearance of the proposed carport. Mr. Edison stated he is opposed to the addition of a carport which he feels might be unattractive. He also stated the fence on the Crowe's property is unattractive and feels if the carport is built and unattractive, he would have no recourse. Councilman Hawkins read into the record a letter from Joel D. Giebel, 1170 Pinehurst Drive. The letter stated he was opposed to the construction of the carport. After a lengthy discussion, Councilman Hawkins made a motion the variance request to reduce the side yard setback from 10 feet to 5 feet be denied. Councilman Patrick seconded the motion. Motion to deny the variance request was approved 6-1 with Mr. Lnenicka opposed. (B) Rezoning Request - 1000 Curtis Drive - Rezone from 0.1. (Office and Institutional) to T.S. (Tourist Service) Mayor Bacon asked the applicants to come forward. Mayor Bacon stated this item had been tabled at September 18, 1995 meeting - continued the September 5, 1995, council meeting and asked if there was anyone present in opposition to the zoning request. There was none. Mr. Thomson stated this is a rezoning from 0&1 (Office and Institutional) to TS (Tourist Services) for a six -story building which exceeds the maximum. Mr. Garvis Sams stated the rezoning request for the 2.38 acre tract has gone before the Planning and Zoning Board and was unanimously approved by them. Councilman Wood asked if the height question and its close proximity to the Naval Air Station has been resolved and Mr. Sams stated it had. He further stated the height of the proposed building is equal to the current Howard Johnson structure. Mr. Wood stated he understood the ingress/egress issue was addressed before and that also has been resolved concerning the road that will be built to accommodate the out parcels as well as the hotel property. Mr. Sams stated that was correct and they are amenable to the stipulations suggested by Councilman Lnenicka at the last council meeting. Councilman Lnenicka asked if it was correct to say that there would be no additional curb cuts on either Spring Hill Drive or Hargrove Road. Mr. Sams responded that was correct. Councilman Patrick made a motion the rezoning request for 2.38 acres at 1000 Curtis Drive at Cumberland Circle to rezone from 0.1. to T.S. be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Variance Request - 1000 Curtis Drive - To Exceed Maximum Height Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request. There was none. Councilman Patrick made a motion the variance request at 1000 Curtis Drive (to build a 72-foot tall, six - story structure) to exceed the maximum height be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. Mr. Sams stated he understood that it was now necessary to change this land use classification to Community Activity Center. Councilman Newcomb made a motion to suspend the rules in order to change the land use classification. Councilman Hawkins seconded the motion. Motion to suspend the rules was approved 7-0. Councilman Newcomb made a motion that the Future Land Use designation on all the parcels of property at the Curtis Drive and Cumberland Circle, including the three parcels discussed at the September 5 meeting and the 2.38 acre tract discussed tonight, be changed from Neighborhood Activity Center to Community Activity Center. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Mr. Sams then asked if it would be permissible to discuss Item 5-A - Commercial Building Permits for Shoney's Suites on the agenda. Mayor Bacon asked if anyone had any objections to discussing Item 5-A. There was no objection. COMMERCIAL BUILDING PERMITS: (A) Shoney's Suites - 1000 Curtis Drive Mr. Thomson stated this permit is for the Shoney's Suites Hotel to be located at 1000 Curtis Drive and the estimated cost of construction is $2.75 million. Councilman Scoggins made a motion the commercial building permit for the Shoney's Suites Hotel at 1000 Curtis Drive be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. September 18, 1995 meeting - continued PUBLIC HEARINGS: (continued (D) Privilege License - Liquor, Beer and Wine Pouring - Rio Corporation, D/B/A The New Copperfield's, 2528 Spring Road Mr. Thomson stated the New Copperfield's, D/B/A On -On Bar and Grill has submitted an application for retail pouring of beer, wine and liquor. He further stated Mr. Glenn Mooney will be the agent for this establishment; Rio Corporation currently owns the On -On Bar and Grill which currently owes the city of Smyrna back taxes which has now been resolved. Mr. Thomson further stated the background investigation has been completed. Mayor Bacon asked the applicants to come forward. Mayor Bacon asked if there was anyone present in opposition to the granting of this privilege license. There was none. Mayor Bacon recognized Eric Thorstenberg, representing Rio Corporation. Mr. Thorstenberg stated he wanted to be sure the council has the most recent application, dated August 30, 1995. Mr. Thorstenberg also stated that the corporate records with the Secretary of State have been updated to reflect George Richard Welch as President of the Corporation, and Mr. Allen is the Secretary/Treasurer and Mr. Allen will not be taking any active role in the day-to-day management of the corporate entity or the premises at 2528 Spring Road. Councilman Newcomb asked when the Secretary of State records were updated and Mr. Thorstenberg responded within the last two weeks. Councilman Newcomb stated he has a printout from the Secretary of State's office dated September 15, 1995, and it reflects only Dixon M. Allen as the officer of the corporation. Mr. Thorstenberg asked permission to approach the council and presented them with a copy of the updated records. Councilman Newcomb stated that in the application, Rio Corporation is listed as the owner/applicant and George Richard Welch is the CEO and Dixon Allen is still an officer in the corporation. Mr. Thorstenberg responded that was correct. Mr. Newcomb asked about the corporate address and Mr. Thorstenberg responded the physical address of the business is 2528 Spring Road but for ease of paperwork, the registered address is 6065 Roswell Road, N.E., Suite 621, Atlanta, GA 30328. Mr. Newcomb asked if the discrepancy between the application and the registration with the Secretary of State's office is intentional on Mr. Thorstenberg's part. Mr. Thorstenberg responded the address is the one that has always been used with the Secretary of State's office and that is for the purpose of receiving mail - the Atlanta address. Councilman Newcomb stated the City has a requirement in the Alcoholic Beverage Ordinance that states "there is a time limit on re -application (Section 3-2-27) that reads within one year, no application can be re -submitted to this body from an applicant (holder of an alcoholic beverage license) who had it denied, suspended, or revoked by this body." He then asked Mr. Thorstenberg if he could state why this was not the case in this instance. Mr. Thorstenberg stated this is the same corporate entity but is being operated on a day-to-day basis by an entirely different individual and group of people. Mr. Newcomb cited Section 3-2-21 of the Ordinance which states that an applicant can not be used as a guise for someone else. Mr.Newcomb stated that it was no coincidence that Rio Corporation had reapplied, changed the name of the officers with the Secretary of the State's office and the fact that Mr. Allen is physically standing here tonight it should be concluded that the paperwork has been redone and the resubmission is in fact a guise to get the license back to Mr. Allen. Mr. Thorstenberg responded that Mr. Welch unfortunately is out of town on a business trip and Mr. Allen is present because he is the other corporate officer. He further stated Mr. Crocker has appeared before this body before and the city is aware of his background. He stated that if one was attempting a true guise it would be a simple matter of getting another corporation, but they have decided to play it straight and make the board aware there have been some changes since the last hearing was held. Mayor Bacon stated the concerns the city has is the fact that Rio Corporation appeared before the Council last month and the license was revoked and the city now wants to know what is going to change if the license is granted to assure that the things that happened before at that location will not happen again. Mr. Thorstenberg stated the president of the corporate entity is George Richard Welch who has long standing ties with the Cobb County business community. The other factor that is of key importance that has previously been reviewed by this body is security measures that will be taken and additionally into the services to be rendered by Mr. Crocker. The corporation has retained the services of Mr. Glenn Mooney, who would actually be the individual who would be the licensed agent and he would be the person who would have supervisory oversight over Mr. Crocker albeit Mr. Crocker would most likely be the gentleman on the premises a number of hours per day, anywhere from 12 to 16. He further stated September 18, 1995 meeting - continued Mr. Mooney has had experience in other establishments in Cobb County and they feel he would be a logical, reasonable person to handle the day to day affairs of this business. Councilman Newcomb asked Mr. Thorstenberg to tell the council about Mr. George Richard Welch. Mr. Thorstenberg responded Mr. Welch is the owner of Lease Atlanta, on Franklin Road in Marietta, and the business has been there for at least ten years and has strong ties to the Cobb County business community. Mr. Newcomb asked how he became associated with the Rio Corporation. Mr. Thorstenberg stated Mr. Welch has been associated with the Rio Corporation since its inception, which was either 1991 or 1992. Mr. Newcomb asked why his name did not appear on the original application and Mr. Thorstenberg stated it could have been an oversight. Mayor Bacon asked if the restaurant has been open since the license was pulled. Mr. Thorstenberg responded there has only been a person there for security purposes, essentially an individual who is keeping the lights on. Mr. Allen responded they were renovating the club, redecorating and Mr. Mooney has put together a menu that would be synonymous with the Jocks and Jills, or Applebee's, and when the club is cleaned up they have secured the name Copperfield's and will be synonymous with the same Copperfield's that everyone remembers and will be a professional operation. Mr. Allen stated he felt he had personally alienated a lot of people in Smyrna so he has withdrawn himself from the management loop of this operation. He further stated he had gone to Jocks and Jills and secured their manager to be his liquor location so he could follow their direction, giving him permission to take him out of the loop and have the club run in the fashion Smyrna would like to have it run and he will be out of the management loop itself. Mayor Bacon asked whose name the liquor license will be in and Mr. Thorstenberg responded Mr. Glenn Mooney. Mayor Bacon asked if Mr. Mooney was present and Mr. Thorstenberg responded he was not. Mayor Bacon asked why Mr. Mooney was not present tonight. Mr. Allen responded Mr. Mooney was waiting to see if the club was going to have its license awarded to them before he gave his notice to his current employer, but has gone through the Police Department for fingerprinting, etc. Mayor Bacon stated it was unusual for the city to consider granting a license without the actual licensee being present. Mr. Allen stated that when he talked with City staff, either the City Administrator or the City Attorney, he was assured that if Mr. Mooney could not be present that the attorney could represent him. City Attorney Chuck Camp stated he did not tell Mr. Allen that. Councilman Newcomb stated that whoever told him that was incorrect because Section 3-2-15 of the Alcoholic Beverage License states that the applicant for a license shall appear before the governing body when the application is to be considered. Mr. Newcomb stated it was the intent of the ordinance to check out not only the applicant but the officers of the corporation, or partners, because the city does not want to have one person, in either the corporation or partnership, who would not qualify. Mr. Newcomb stated there is a provision in the ordinance that the city is to deny any application (Section 3-2-16) which shows the following conditions to exist and one of those provisions is that the applicant, as a previous or current holder of the license to sell alcoholic beverages has violated any laws, ordinances or regulations regulating such alcoholic businesses. Mr. Thorstenberg stated he would not disagree with the reading of that section, however, he pointed out that the practical, day-to-day management level, neither of the people who would actually be the liquor licensed agent has any ownership in any corporate entity. Councilman Wood asked City Attorney Chuck Camp if the city should be hearing this license request or even taking action on it since both applications (one dated 1994 and one dated 1995) reflect George Richard Welch as the CEO of the Rio Corporation in relation to Section 6-77 of the Alcoholic Beverage Ordinance which states that it shall be unlawful for the city clerk or the mayor and council to consider any application for an alcoholic beverage license from the applicant who was previously denied or from the agent or applicant whose license was previously revoked within twelve (12) months from the date of application. City Attorney Chuck Camp stated it appeared that this item should not heard since the Rio Corporation is the same corporation. Mayor Bacon stated his concern is the fact that Mr. Glenn Mooney is not present tonight and he does not think the city should even be hearing the request. He also stated that if he understands Mr. Camp, that this is the same corporation the City denied and they should have to wait a twelve-month period. Mr. Allen stated when they reapplied for their license, Mr. Hickenbottom told him there was a 12-month issue involved and yet his application was accepted along with several hundred dollars in fees. He further stated they have spent a considerable amount of money on the club, changed the menu and recruited qualified people for the club and he is out of the management loop. He stated there is no elaborate entry going on they are just trying to properly run a business. September 18, 1995 meeting - continued Mr. Camp stated it appears this item should not be on the agenda and the several hundred dollars should be refunded to Mr. Allen. Mr. Newcomb stated the final authority on what the ordinance allows is the Mayor and Council and not the business license division. Mr. Allen stated when he reapplied, the business license division did mention the 12-month issue, but after conferring with someone else at city hall they did accept the business license application knowing full well what had happened. Mayor Bacon suggested this item be tabled until such time as the matter can be cleared up. Mr. Allen stated they are in a Chapter 11 Bankruptcy and this will put their corporation under undue duress and they are trying to get this straightened out and to have this tabled will bankrupt their corporation. Councilman Lnenicka stated he has several concerns. He stated that even if the city could hear this application, he could not vote in favor of approval. He stated he could not be sure if the changes with the Secretary of State's office have been recorded and the background investigation by the Police Department was conducted on M. Dixon Allen and not on George Welch and beyond that the applicant for the license himself is not present and it is a policy of the council to have the applicant present, otherwise the council does not know if the person being approved is real or a fictitious person. Councilman Hawkins stated when an application is accepted in the business license division, there is no guarantee that the license will be approved. Mr. Thorstenberg stated he would respectfully request that this item be tabled. Mayor Bacon stated that based on the request of Mr. Thorstenberg he suggested the item be tabled. Councilman Patrick made a motion that the privilege license request for retail pouring of beer, wine and liquor for Rio Corporation D/B/A New Copperfield's, at 2528 Spring Road be denied. Councilman Newcomb seconded the motion. City Attorney Camp stated the Code is clear and the council does not have the discretion to hear this item and if it is denied it is the same as not hearing the issue. Councilman Lnenicka stated there is nothing in the motion or the Ordinance that would prohibit a different corporation, different agent from the one previously cited, coming before the council at this location and applying for a license. Mr. Camp said that is correct. Councilman Hawkins asked if it would allow the same corporation to come before the council or is it the fact that it is the Rio Corporation that presents the problem. Mr. Thorstenberg stated with all due respects, the formation of a new corporation would be one method of addressing the issue. Mayor Bacon stated there is a motion and a second to deny the license at 2528 Spring Road. Councilman Hawkins stated he understood that a vote tonight would be the same as not hearing the application. City Attorney Camp stated that except for the fact that they should be refunded any monies they have paid for the application. Mr. Camp stated the application had been accepted in error and they should be refunded their money. Councilman Newcomb withdrew his second to Mr. Patrick's motion and Mr. Patrick withdrew his motion on the terms that the Rio Corporation be granted a refund for all funds paid in connection with this license. Mr. Patrick re -stated his motion to allow the Rio Corporation to withdraw their application and be refunded all funds paid in connection with this license application. Councilman Newcomb seconded the motion. Motion was approved 7-0. (E) Business License Request - A -Bail Bonding Company of Cobb County, 2357 Austell Road Mr. Thomson stated this is a new application being submitted for A -Bail Bonding Company to operate a business within the city limits of Smyrna. He further stated the business is located at 2357 Austell Road, Marietta, Georgia, and the owner of the business is R. Scott Hall. Mr. Thomson stated Mr. Hall has submitted with his license request a list of all outstanding bonds and the Police Department investigation has revealed nothing that would preclude the issuance of this license. Mayor Bacon asked if the applicant was present. Mr. Hall was not present and therefore Mayor Bacon stated he would entertain a motion to table this item to the next council meeting. Councilman Wood made a motion this matter be tabled until the next meeting of Mayor and Council. Councilman Lnenicka September 18, 1995 meeting - continued seconded the motion. Motion to table the business license request for A -Bail Bonding Company was approved 7-0. (F) Variance Request - 2900 Davis Street - Reduce Front Yard Setback from 35 Feet to 20 Feet Mr. Thomson stated the applicant, Yogi DeMonia, is requesting this variance in order to build a front porch on the home and this is the only home on the street. He further stated the encroachment will not affect adjacent neighbors. Mayor Bacon asked the applicant to come forward and 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 Hawkins asked Mr. DeMonia to explain why the variance is needed. Mr. DeMonia stated that he wants to build a small porch on the front of his home. Councilman Hawkins made a motion that the variance request at 2900 Davis Street to reduce the front yard setback from 35 feet to 20 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening (Bid #95014) - 25-Yard Garbage Truck - Public Works Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Consolidated Disposal System $82,256.00 Volvo GMC Trucks $70,949.00 Fouts Brothers UD/Isuzu/GMC Truck, Inc. $83,560.00 Councilman Scoggins made a motion the bids 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 6-0 (Councilman Newcomb was not in council chamber when the vote was taken). (B) Bid Opening (Bid #95015) - 1995 UD 3000 Dump Truck - Public Works Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Smyrna Truck and Body $43,951.00 Volvo GMC Trucks Model 1994 UD 3000 Dump Truck $39,990.00 Model 1995 UD 3000 Dump Truck $45,470.00 Councilman Patrick made a motion the bids be turned over to the Public Works Committee with a recommendation to be brought back before council at the next meeting. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilman Newcomb was not in council chamber when the vote was taken). (C) Bid Opening (Bid #95017) - Overhead Crane - Public Works Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Gajjar Engineering Systems, Inc. $12,334.20 Miller Equipment Company $8,450.00- *An additional charge for installation and freight charges Councilman Wood made a motion the bids be turned over to the Public Works Committee with a recommendation to be brought back before council at the next meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. September 18, 1995 meeting - continued (D) Ordinance Amendment - Special Land Use Permits Councilman Newcomb stated this is the first reading of this ordinance amendment. Councilman Newcomb stated the purpose of this amendment to the zoning ordinance is that every piece of land has a future land use designation and a zoning designation. Mr. Newcomb stated the city had tried very carefully in the zoning ordinance to describe everything possible use that could be requested and yet there are some things that are not in the ordinance that we do not want in the ordinance and the city wants to handle these categories as special land use permits. Mr. Newcomb read the proposed ordinance which will be on file in the City Clerk's office. Councilman Newcomb made a motion the Ordinance Amendment be properly advertised and scheduled for a later council meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Appointment to Parks and Recreation Commission - Ward 4 Councilman Hawkins made a motion Ms. Deborah Clayton be reappointed as the Ward 4 representative on the Parks and Recreation Commission. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Shoney's Suites - 1000 Curtis Drive This item was discussed following Item 3-C. BID AWARDS: (A) Bid #95012 - Full Size Short Bed Pickup Truck Councilman Scoggins stated it is the recommendation of the Public Works Committee that the bid be awarded to Southlake Ford. Mr. Scoggins then made a motion the bid for the full size short bed pickup be awarded to Southlake Ford in the amount of $13,538. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid #95013 - Resurfacing Project Councilman Scoggins stated it is the recommendation of the Public Works Committee that the bid be awarded to C. W. Matthews. Mr. Scoggins made a motion the bid for the resurfacing project be awarded to C. W. Matthews in the amount of $418,062.71 to be funded from the city's portion of the 1% local option sales tax funds. Councilman Wood seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of September 5, 1995, Minutes (B) Approve Installation of Traffic Signal - Atlanta Road and Creatwood Trail (C) Approval to Request Bids - Pickup Truck for Community Development Department (D) Approval of Revised Speed Zone Ordinance (Reduces Speed Limit on Spring Road and Adds Hargrove Road) (E) Approval to Install Stop Signs at Vineyard Way and Chateau Lane; Vineyard Way and Vineyard Court (F) Approval of Donation of Right -of -Way and Granting Construction Easements for Spring Road Project Councilman Scoggins made a motion the consent agenda be approved. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Patrick called on Mike Seigler for a report on the Library. Mr. Seigler reported the Friends of the Library will be having their first fall meeting on Thursday, September 21, and invited everyone to attend. September 18, 1995 meetinla - continued Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White announced the job search for the City Marshall has been extended to September 22; there are two openings in the Parks and Recreation Department - one for a full-time Control Desk Receptionist and a part-time Control Desk Receptionist. Ms. White also announced the Human Resources Department is preparing to accept applications for the entry police and Firefighter I examinations that will begin on Monday, September 25 and will extend through October 6 and the exam will be administered on Saturday, October 14. Councilman Scoggins asked Kathie Barton for a report on Community Relations. Ms. Barton announced the Annual Report has been released. Ms. Barton also announced all water bill customers will be receiving, via mail, a newsletter. I Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk reported the recycling rate for the month of August was 92% and almost 100 tons of material were recycled and saved $2,836 in tipping fees from the landfill. She commended the citizens for their recycling efforts and encouraged them to keep up the good work. She also stated everyone should have received a letter in their water bill about the Clean Up Month and the new Clean City Ordinances. Councilman Hawkins asked Chief Larry Williams about burn permits for the city residents. Chief Williams responded the city is currently allowing burn permits under the regulations in place for the last seven or eight years. He stated the citizens call in and the Fire Department advises them what they can burn. He further stated they can only burn leaves and sticks gathered on their own property - they can not burn waste or building materials. He stated that in 1996 during approximately a six-month period that burning will not be allowed at all because of the air quality requirements set by the EPA. Chief Williams also stated the hours during which burning is allowed is from 10:00 a.m. to 6:00 p.m. Chief Williams said any citizen interested in obtaining a burn permit should call either 434-6667 or 434-6600. Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio reported the Atlanta Miniature Show and Sale will be at the Community Center on Friday, 09-22, and Saturday, 09-23; the Fall Music Festival at Rose Garden has been rescheduled for September 23 from 6:00 - 9:00 p.m.; a children's computer class, for children age 3 - 12 will begin on October 7; tickets for the Golden Jonquil Masquerade dance September 28 are now on sale for $20/couple. Councilman Lnenicka asked Chief Hook for a report from the Police Department. Chief Hook reported the vehicle traffic enforcement is up a little over last year, about 8%, with about 10,000 tickets being issued this year; criminal arrests are down about 15% - adult arrests are up; juvenile arrests are up 17%. Councilman Lnenicka read an excerpt from a letter he received from a resident on Jay Lane in Argyle Estates thanking Lt. Mike Brown and Sue Blaydes for their efforts in establishing a Neighborhood Watch Program for their neighborhood. Councilman Lnenicka said the traffic signal on Atlanta Road and Creatwood Trail approved on the Consent Agenda is a very important issue to residents of that area. Councilman Lnenicka announced the Atlanta Road ribbon cutting ceremony is scheduled for Tuesday, October 3, 1995. Councilman Wood stated there is no report from the Finance Department this evening. Mayor Bacon asked Melinda Dameron about the deadline to register to vote in the municipal election this year. Ms. Dameron responded October 9, 1995. With no further business, the meeting adjourned at 9:41 p.m. September 18, 1995 meeting - continued I 0.�� NN A. MAX BACON, MAYOR J111-# 11A M - AM EL A D'AMEMN'(fffY CLERK 16AN PATRICK, WARD I RON NEWCOMB, WARD 2 4� - -BILL SCOGGINS, WAR)F)//3 --- - I A x4� J K C�RAMER, WARD 5 (�� - �&-Ao-plww CHARLES ft�TERWOOD, WARD 7