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02-06-1978 Regular MeetingFebruary 6, 1978 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia on February 6, 1978. The meeting was called to order by presiding officer Mayor Frank Johnson. All Councilmen were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance and Administration Director Gunter Newsom, Police Chief Everett Little, Assistant Fire Chief Hubert Cochran, Parks and Recreation Director Lee Silver, Building Inspector/Marshall David Granade, Public Works Director James E. David and repre- sentatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Mayor Johnson read the "Terri Myers Day" Resolution, dated February 4, 1977, and stated Terri would always be remembered by the people of Smyrna. Terri's parents, Roger and Brenda Myers were recognized and Mr. Myers again thanked the Smyrna city officials and all citizens of Smyrna for helping to make her last days so happy and memorable. Show Cause Hearing. A hearing was held to show cause why the license of the Belmont Pawn Shop, owned by Joyce S. Jenkins, and operated by her husband Marion Douglas Jenkins should not be revoked. The charge was violation of Section 14-62 of the Code of Ordinances. Attorney Charles Camp conducted the hearing and administered' the oath to Joyce S. and Marion Douglas Jenkins, police detectives David Farmer and Danny Drake and City Marshall David Granade. Attorney Camp asked Mrs. Jenkins if she was notified and knew the reason for the hearing. She said she did. Asked if she was in Recorder's Court on January 26th, she stated she was. They had { received a citation for failing to fill out a report on property received. This 'l report should be filled out within the hour after receiving merchandise. The judge of Recorder's Court ruled that Mr. Jenkins would be on six months probation, if they continued with the pawns. Joyce S. Jenkins nor Marion D. Jenkins had ever been issued an annual personal identification card by the Smyrna Police Department. Mrs. Jenkins stated they did not intend to break any laws but that her son was in the hospital forty days and her husband was in the shop alone, and they just failed to make the report on time. Detective Drake said he was the officer who wrote the citation for the Jenkins' appearance in Recorder's Court on January 26th. Detective Drake said when he went to pick up the tickets on January 5th, he was advised by Mr. Jenkins they were not ready. He advised him that he was in violation and wrote the citation, at which time Mr. Jenkins did fill out the report. Detective Drake said he had advised Mr. Jenkins, prior to January 1st, a closer check was going to be kept on all the pawn shops to be sure they did comply with the ordinance. Mr. Jenkins had not listed tickets as far back as December :30, 1977, and his excuse was it was the holiday season. Marshall David Granade stated he had delivered notice of license revocation to both Joyce S. and Marion Douglas Jenkins for vio- lation of Section 14-62, within the required time. Mr. Jenkins said he had copies of all tickets listing names, addresses, telephone numbers, etc., just had not transferred the information from one form to another. He stated one hour was not enough time allowed to fill out the forms. Attorney Camp asked Lt. David Farmer if he was familiar with the city ordinance passed December 1, 1975, dealing with pawn shops. Detective Farmer said the reason for the ordinance, and one hour recording, was to avoid stolen property from passing through pawn shops. Mr. Jenkins said he would like to use a triplicate form so the Police Department would have a copy of the original ticket, which includes the signature of the person making the pawn. Attorney Camp asked Mr. Jenkins if he had ever plead nolo or been convicted of any misdemeanor within the last ten years. The answer was yes. Jim Tolleson asked the attorney if the pawn shop was open how, and the answer was yes, during the appeal. The six month probation was against the individual, Mr. Jenkins, and not the pawn shop. Attorney Camp read Section 14-50 which states that Mayor and Council can suspend, revoke or place on probation, with or without conditions, any license issued under this article. Mayor Johnson said we were really dealing with a new appli- cation for a pawn shop, for the year 1978. Jerry Mills and David Granade read " several sections of the ordinance in which Mr. Jenkins was in violation. Jerry Mills made a motion the license for the new year be denied on the grounds of Section 14-62, Section 14-64, Section 14-47, Section 14-51-d(2), -d(5). Jim Hawkins seconded the motion. During discussion Bill Darby said we were talking about closing a man's business, his livelihood, and if we tried we could probably find some violations in every business in the city. He would be in favor of giving the Jenkins' a warning and give them a chance to meet the requirements, and if they didn't, then revoke the license. Jerry Mills withdrew his motion and Jim Hawkins withdrew his second. ',. Bill Darby motioned the license be renewed, provided they meet the criteria of the t Code of `Ordinances, with a six month probation period. If they fail to live up to the ordinances the license will be revoked. Rem Bennett seconded the motion. (Continuation of February 6, 1978 Meeting) Mayor Johnson stated that every twelve months each employee had to be issued an ID card, and you could not get a card if you had been convicted of a misdemeanor or a felony. Bill Darby said we had allowed Mr. Jenkins to work there for two years under this status, and knew his background before the license was issued the first time. Mayor Johnson said Section 14-47 states Council does have the authority to waive same as a disqualification, and that Council would have to decide if this has any bearing on this case. After further discussion Bill Darby made an amendment to the motion to waive Section 14-47 and Section 14-48, Sub- section I (4). Rem Bennett seconded the motion. Vote on the amendment was six for and one against. Jack Shinall voted against. Vote on the main motion was six to one. Jack Shinall voted against. Mrs. Jenkins was advised to come to the office and apply for the renewal license for 1978. On motion by Jim Hawkins a residential business license was granted to Dargan Hicklin, 944 Sharon Circle, to operate a mail order record company from his home. Bill Darby seconded the motion and the vote was unanimous. No commercial building permits. Jerry Mills stated a request had been made by Jim David, Director of Public Works, for a new position as street sweeper, at $4.50 per hour. He stated finances were available to pay this new employee, and an applicant had been found who had ex- perience. Jerry Mills made a motion a new position be created for a street sweeper operator at $4.50 per hour. Jim Tolleson seconded the motion and the vote was unanimous. Elbert Coalson made a motion the following vehicles be surplused: (1) Year model 1974, ID No. 4N53C119265, Ford Custom 460 Police Package (1) Year model 197, ID No. 6B53C262893, Ford Custom 460 Police Package (1) Year model 1965 Ford pickup F250, long bed, ID No. F25DL699282 (1) Year model 1967 Ford pickup F-100, short bed, ID No. 1OBNA44346 Rem Bennett seconded the motion and the vote was unanimous. Bids for these sur- plused vehicles will be opened at the first meeting in March. Elbert Coalson made a motion the minutes of January 9, 1978 be approved as sub- mitted. Jerry Mills seconded the motion and the vote was unanimous. Jerry Mills made a motion the minutes of January 23, 1978 be approved as sub- mitted. Jack Shinall seconded the motion and the vote was unanimous. Committee Reports. Bill Darby called a Finance Committee meeting for tomorrow afternoon at 5:30 p.m. Jerry Mills made a motion a four-way stop sign be approved for the intersection of Gilbert and Marston Streets. Jim Hawkins seconded the motion and the vote was unanimous. Jerry Mills said we finally had the street sweeper, donated from Lockheed, which Jim Tolleson and former Mayor Arthur Bacon worked so hard for, and he asked Jim David to make a report on the condition of the sweeper. Jim said it needed a paint job and one gutter brush. Jim Tolleson said the Certified City Committee had suggested painting it yellow with green lettering, with "Big Jim" on the side. Rem Bennett made a motion the sweeper be painted Smyrna yellow with green letter- ing. Jim Tolleson seconded the motion and the vote was unanimous. Jack Shinall told Jim David he appreciated how well the Water Department had been able to handle the problems which developed because of the cold weather; also he commended the girls in the Water Department and said they handled themselves very businesslike. Rem Bennett urged all councilmen to read and comment on the rough draft he and David Granade are working on for buffer zones. Meeting adjourned at 9:09 p.m.