06-19-1978 Regular Meeting(Continuation of June 5, 1978 Meeting)
Bill Darby stated he had a request from Kenneth Sumner, 3292 Creatwood Trail, to
erect a tower for a ham radio. The tower would be 80' high and he asked for a
variance from 30 feet. Bill Darby made a motion the variance be granted. Jerry
Mills seconded the motion for discussion. Mr. Sumner said he was a member of the
Walker County Civil Defense, knew all the federal rules and regulations regulating
ham radios and towers, and everything would be in order and meet requirements.
Mr. Sumner said he understood he would be required by the city to get a permit
before erecting the tower. Vote on the motion to approve the variance was.6-1.
Jim Hawkins voted against.
Fire Committee: Jim Hawkins asked the committee to meet with him immediately after
adjournment.
Water Committee: Jack Shinall advised the letter to the citizens advising them of
the changes in the water ordinance had not been mailed due to -the court ruling;
therefore, the effective date will be July 1, 1978 instead of June 1.
Police Committee: Elbert Coalson said he attended the Mock Disaster scene on Spring
Road last week and was impressed with the fast and efficient way the disaster was
handled. He commended the Police, Fire, Civil Defense Rescue Units and Parks
departments for furnishing the vehicles and victims, and the Smyrna Hospital for a
job well done. Jim Farley, Director of Civil Defense called out the response time
to the scene, caring for the victims, loading and time of arrival at the hospital.
He also reported the Explorer Troop was having a flea market at Grant City this
Saturday.
Inspections Committee: Rem Bennett said we did need to have a zoning classification
for a boardinghouse and he thought it would have to come under RM10. He urged all
council to read the proposed amendment and be prepared to act at the next meeting.
Mayor Johnson advised that Chol Ki Min, Operator of the Smyrna Market, 3350 South
Cobb Drive, was found guilty in Recorder's Court on June 1, 1978 of selling beer
to a minor. This act was in violation of the Code of Ordinances, Section 3-63;
therefore, his malt beverage license is being suspended, effective June 6, 1978,
until such time as a show cause hearing can be held to determine if the suspension
will be permanent. The date for the show cause hearing was set for June 19, 1978.
Mayor Johnson read a letter from Chol Ki Min, appealing the decision of Recorder's
Court, Docket #33473, June 1, 1978. June 19, 1978 was the date called out to hear
the appeal.
Mayor Johnson reminded Council of the CMA Quarterly meeting at George's Restaurant
on June 13th and the Jonquil Breakfast on June 21, 1978.
There being no further business, meeting was adjourned at 8:44 p.m.
June 19, 1978
The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, on June 19, 1978. The meeting was called to order by presiding officer
Mayor Frank Johnson at 7:30 o'clock p.m. All Councilmen were present except Bill
Darby who was out of town. Also present was City Attorney Charles Camp, City Clerk
Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire
Chief Don Atkinson, Inspector John Steely, Director of Public Works Jim David,
Parks and Recreation Director Asa Howard, Assistant Parks & Recreation Director
Sherry Reavis, Civil Defense Director Jim Farley and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Presentation of Distinguished Citizen's Award: Mayor Johnson recognized Cindy
Cochran and presented her with a Distinguished Citizen's Award. He congratulated
Cindy on her record as a "Track Star" and assured her the City of Smyrna, her
city, would be pulling for her all the way in her efforts at the 1980 Olympics to
be held in Moscow. Cindy is the daughter of former councilman Earle Cochran.
Citizen's Reports: Pete Brown, representing the Smyrna Jaycees, requested a
parade permit for the 4th of July. The parade is scheduled to commence at 10:00
a.m. at Ward and Cherokee Street, proceed up Cherokee to Atlanta Road, south on
Atlanta Road to Jonquil Shopping Center. Jerry Mills made a motion the permit be
(Continuation of June 19, 1978 Meeting)
granted. Jack Shinall seconded the motion which carried 6-0.
Hearin Appeal of Decision of Recorder's Court, Chol Ki Min, Smyrna Market:
Furman Smith, Attorney for Mr. Min, swore in Chol Ki Min, Mrs. Chol Ki Min,
Kyung Min, interpreter Rev. David Chai, Smyrna Detective Lt. David Farmer and
Steve Buggay., Attorney Smith asked the witnesses be sequestered. Mayor Johnson
stated that on May 19, 1978, Chol Ki Min, owner of the Smyrna Market, was observed
selling beer to a minor and on May 20, 1978, Chol Ki Min was issued a citation,
Case #33473, requesting that he appear in Recorder's Court and W-as-,fined $200 for
violating Section 3-63 of the Code of Ordinances. Mr. Min pleaded "not guilty"
in Recorder's Court and this meeting is to hear his appeal of the court's decision.
Attorney Smith said the defendant pleads not guilty. Mayor Johnson asked Lt.
Farmer to state what happened on May 19, 1978, resulting in these charges being
made against Chol Ki Min. Lt. Farmer stated they had received several complaints
from citizens that alcoholic beverages were being sold to minors and acting on
orders from the Police Chief he set up surveillance on Friday, May 19, 1978. At
around 7:30 p.m., Steve Buggay and two other persons, Steve Hooper and Cecil Westbrook
entered the Smyrna Market. Steve Buggay walked to the back cooler and picked up a
Miller's six-pack, walked to the cash register and purchased the beer from Mr.
Min. He left the store, traveled south on South Cobb Drive to King Springs Plaza
at which time he was pulled over by Lt. Farmer. Mr. Buggay had a drink in his hand
at the time he was stopped and he was placed under arrest as a minor being in
possession of beer. On May 20, 1978, he went to Smyrna Market and issued Chol
Ki Min a citation and explained the charge being brought against.him, which was
selling alcoholic beverages to Steve Buggay, a white male, 16 years of age. Lt.
Farmer stated that when he stopped Steve Buggay he had on his person a valid Georgia
Drivers License. A patrol car was called to the scene and Steve Buggay was trans-
ported to the police station and released to his parents. Lt. Farmer stated he saw
the transaction of money for the sale of the beer from outside the store. After
receiving a written complaint in March, Officer McBerry advised Chol Ki Min of the
complaint and told him the store would be under surveillance. Attorney Smith said
at this time he raised a constitutional question to the entire prosecution on the
grounds that it appears to be selective enforcement of the particular ordinance
in question as he could find no other prosecution for selling beer to a minor and
certainly the only revocation of a license for that reason. He said he had reason
to believe it is the only store placed under surveillance for selling beer to a
minor and it is his contention that this is being done only because Mr. Min is of
oriental extraction and is not a citizen. Mayor Johnson advised Mr. Smith that
police records were confidential and there was no way he would be advised if other
businesses were under surveillance. In answer to Mr. Smith's question, Lt. Farmer
stated he was standing in the parking lot of Smyrna Market when he observed the
sale. Attorney Smith drew a diagram of the intersection of Smyrna Hill Drive and
South Cobb Drive, showing the location of the Parts Store and the Smyrna Market and
entered it as evidence, document #1. He asked Lt. Farmer to indicate by a mark
on the diagram which way the detective car was facing, also where he was standing
when he witnessed the sale. Attorney Smith also entered three pictures as evidence,
documents 2, 3 and 4, and asked Lt. Farmer to identify them. Lt. Farmer advised
he did not arrest the defendant immediately because he had orders to make more
cases against the defendant. Lt. Farmer told Mayor Johnson he did not go in the
store for fear he would be recognized. He did not know Mr. Buggay but when he
entered the store he appeared to be a minor and that is why he was stopped. Mayor
Johnson questioned Steve Buggay as to what happened the night of May 19, 1978.
Mr. Buggay stated he went to Smyrna Market to purchase some beer. He had bought
beer there once before. He said he was sixteen years old and was aware he was not
supposed to purchase beer, but all his friends got it there. He said he had no
ID other than his drivers license. He was not asked for an ID, only if he was
eighteen years old, and he told Mr. Min he was eighteen. He paid for the beer, got
in his car and started south on South Cobb Drive and was stopped by Lt. Farmer at
King Springs Plaza. He was not positive who took his money, Mr. Min or the son
Kyung Min. Mayor Johnson said the license was issued to Chol Ki Min and he was
responsible for his employees. Steve Buggay said he had not been contacted by
anyone on behalf of Mr. Min. Attorney Smith cross examined Steve Buggay. In
answer to a question, Steve Buggay said he had not talked with anyone other than
his father about this. He had not talked with Lt. Farmer since the night of the
arrest and trial in Recorder's Court, neither has his parents. Steve said he
testified in Recorder's Court that Kyung Min sold him the beer on the night of
May 19, 1978, that he was not positive, they look so much alike. Mr. Smith said
that in Recorder's Court Mr. Buggay testified it was neither Chol Ki Min or
Kyung Min that sold him the beer, but another employee. Steve Buggay said he
still was not positive. Attorney Smith called for a brief recess to confer with
his client.
Meeting reconvened at 8:52. Chol Ki Min was called to testify. Mayor Johnson
asked him if he understood the charges made against him and the seriousness of
(Continuation of June 19, 1978 Meeting)
the violation. He stated he did and that he always checked drivers licenses to be
sure the customer was eighteen, unless he knew the customer and knew he was over
eighteen. All his employees are familiar with the Ordinance on selling beer to
minors. He said he never knowingly sold beer to a minor, but it is possible he did
when the store was crowded on Friday or Saturday nights and the young people all
come in from the skating rink. He did not remember seeing Steve Buggay in the
store. Mr. Min said he remembered a Smyrna policeman coming into his store in March
and warning him the city had had a written complaint that he was selling beer to
minors and that his store was under surveillance. He said he informed his employees
of this warning. Mr. Min said he had a drivers license and fully understood how to
determine the age of a person by looking at them. He immediately told Mayor Johnson
his age after looking at his license. Jack Shinall gave Mr. Min a slip of paper
with dates and asked him if a person with this birth date, 9/25/60, would be sold
beer. Mr. Min said no. Mr. Min said that since his licenses were suspended on
June 6, 1978, he had removed the beer from the cooler and stored it out of view of
the customers. Mr. Min, realizing he was under oath, said he had not sold any beer
since receiving the notice his licenses were suspended. In answer to a question
by Elbert Coalson, Mr. Min said he had never been treated badly by a citizen of
Smyrna. Mr. Min told Mr. Smith this store was the sole support of him and his
family, and 40% of that income is from beer sales.
Kyung Min was called to the stand. He stated he was employed at the Smyrna Market
and is twenty-one years old. He said he was aware of the policy of the store that
they could not sell beer to anyone under eighteen years of age and he always
asked''for their ID. He did not know Steve Buggay before the trial and did not
remember selling him any beer. He had never sold beer to a minor to his knowledge.
Jack Shinall showed the same slip of paper, with the birthdate of 9/25/60 to Kyung
Min and he also said this person would be a minor. This paper was entered into
the records as evidence, document C-1.
Mrs. Chol Ki Min stated she was familiar with the Ordinance on selling beer to
minors but that she did no selling other than produce. She had seen her husband
and sons checking drivers license many times. Jerry Mills asked Mrs. Min if she
checked drivers licenses and she said that she did not because she only helped with
the produce. Mayor Johnson called for a brief recess at 9:26 p.m. Meeting re-
convened at 9:33 p.m. Mayor Johnson called for a motion on whether or not the
decision of Recorder's Court would be upheld. Elbert Coalson made a motion to
uphold the decision of Recorder's Court. Jim Hawkins seconded the motion which
carried 6-0.
Show Cause Hearing - Chol Ki Min, Smyrna Market - License Revocation, Section 3-63:
It was agreed the testimony heard in the previous hearing would continue in this
hearing subject to recall of the witnesses. Mayor Johnson advised that on June 6,
1978, the Malt Beverage license for Chol Ki Min, owner of the Smyrna Market had
been suspended due to violation of the Code of Ordinance Section 3-63, selling
beer to a minor. The purpose of this hearing is to determine if the suspension of
the license will be permanent. Mr. Min had been found guilty in Recorder's Court
1 and fined $200.00 for violation of Section 3-63.
Cecil Westbrook, witness for the city, was sworn in by Attorney Charles Camp. Mr.
Westbrook said he was fourteen years of age and a student at Wills High School. He
stated he did not have a drivers license. He, along with Steve Buggay and Steve
Hooper went to Smyrna Market on the night of May 19, 1978. He and Steve Hooper
bought and paid for a canned coke and Steve Buggay bought beer. He stated that Steve
Buggay showed some kind of ID, not a drivers license, and purchased the beer. He
testified they left the store, went south on South Cobb Drive and was stopped by
Lt. Farmer, who asked for ID's. Cecil was cross examined by Mr. Smith. He could
not describe the ID card shown by Steve Buggay, other than it was white with some
blue on it.
Steve Hooper, witness for the city, was sworn in by Attorney Charles Camp. Steve
said he was fourteen years old. He stated that on the night of May 19, 1978, he
Steve Buggay and Cecil Westbrook went to Smyrna Market. He and Cecil bought a
Pepsi and Steve Buggay bought beer. He stated that Steve Buggay did show some sort
of identification, a paper or card, but that it was not a drivers license. They
left the store, went south on South Cobb Drive and.was stopped by Lt. Farmer. In
answer to Jim Tolleson, Steve Hooper said there was no conversation between Steve
Buggay and Mr. Min except when Mr. Min asked for identification and Steve showed
him the white card or paper. When they left the store Steve Buggay opened one can
of the beer and was drinking it when stopped. He said the ID card was white but
did not have any blue on it. In answer to a question by Jerry Mills, Steve said he
had not been contacted by Mr. Smith, Mr. Min, or anyone representing Mr. Min. The
(Continuation of June 19, 1978 Meeting)
answer was no. Mr. Smith had no questions of this witness.
Mr. Smith moved to reopen the evidence in the previous hearing and set aside the
conviction of Mr. Min, on the grounds of new evidence that Steve Buggay did show
identification. This was not brought out in the testimony of Lt. Farmer and he
feels this proves that Mr. Min did not intentionally sell beer to a minor, but was
deceived by the presentation of an ID card. Attorney Camp stated that any new
evidence must be discovered by the defendant as he would be the one person with
knowledge of the actual transaction. Mr. Smith stated that Mr. Min did not
remember Steve Buggay being in the store or the transaction. The citation was
served within twenty-four hours of the actual sale, but Mr. Min did not remember.
Mr. Smith said he would still like to move to reopen the evidence to include the
testimony of Steve Hooper and Cecil Westbrook. Mayor Johnson told Mr. Smith we
would continue this hearing but if he wanted to make the motion to reopen the
appeal of the decision of Recorder's Court after this Show Cause hearing, he would
be allowed to do so.
Steve Buggay was called to the stand. Mayor Johnson asked Steve to restate what
he did when he went to Smyrna Market on May 19, 1978. He said he went into the
market, looked at the candy rack, went to the cooler and picked up an eight -pack
of beer, walked back and put the beer on the counter and paid for it. Mr. Min
asked him if he was eighteen and he said yes. Mr. Min put the beer in a bag, he
picked it up, walked out the door and got into his car and drove down South Cobb
Drive. Mayor Johnson asked to see Steve Buggay's drivers license but he did not
have them with him. He said his date of birth was October 21, 1961 and that date
was on his license. In answer to Jim Hawkins question, Steve testified that he
did not show any kind of identification and was not asked for any when he bought
the beer. Mr. Min asked if he was eighteen and he told him he was.
Lt. David Farmer was recalled. Jerry Mills asked Lt. Farmer if, while observing
the money transaction, he saw anything resembling an ID. Lt. Farmer stated that
he did not. Lt. Farmer also stated that at the time of Steve Buggay's arrest he
searched him, two other officers searched him, and there was no other identification
on him, only his drivers license.
Attorney Smith presented a copy of Commendation from the Department of the Army to
Chol Ki Min for outstanding and superior performance. Rev. David Chai, Mr. Min's
pastor stated it had been a great joy to know Mr. Min in the Church and he is
highly respected by the members. He spoke well of Mr. Min and said if Mayor and
Council saw fit.to give him a second chance that he would work closely with him
and felt sure that he would be a good member of the community. Attorney Smith
said that Mr. Min's career was at stake, he has no previous convictions and a fine
record in Korea. He feels that if there was a violation it was not intentional
and would be due to not being familiar with American customs and American identi-
fications. He urged Council to return the license to Mr. Min as he feels he will
be doubly careful and no violation will occur in the future. Meeting recessed
at 10:34 p.m.; reconvened at 10:43.
Mayor Johnson stated all the testimony has been heard and he called for a motion
on whether the suspension of the licenses would be permanent. Jerry Mills made
a motion Mr. Min's license be suspended until July 1, 1978, and effective tonight,
June 19, 1978, he be put on twelve months probation and twelve months from this
date if no charges or violations have been brought against him, probation will be
lifted. Jim Hawkins seconded the motion. After discussion, the motion carried
6-0. Mayor Johnson advised Mr. Min that his license would be held until July 1,
1978 and on that date he could again sell beer. He also stated that he believed
the reason Council was lenient was there was some possibility he did not understand
the seriousness of the violation. He asked Rev. Chai to counsel Mr. Min and be
sure he understands.
Management Change - Golden Gallon #46 - Eva Smith Langley: Rem Bennett made a
motion the management change for the Golden Gallon Malt Beverage License request
be brought off table. Jack Shinall seconded the motion which carried 6-0. Vote
on the original motion to approve the request was 6-0.
No commercial building permit request.
Rem Bennett recommended no action be taken at this time on amending the zoning
ordinance to include a boardinghouse classification.
Parks and Recreation Committee: Reporting for Jim Tolleson, Asa Howard reported
the summer programs had begun and the Church Street Pool is in operation.
(Continuation of June 19, 1978 Meeting)
Streets & Sanitation Committee: Jerry Mills advised that Gunter Newsom had
requested we take bids on 1500 garbage can liners. It seems there is only one
company who manufactures these cans and they will not make a run of less than`
1500, at the cost of $10,500. Jerry Mills made a motion bids be requested for
1500 garbage can liners to be opened at the next council meeting. Jim Hawkins
seconded the motion. During discussion Gunter said he had exhausted every option
he could think of to.avoid the large purchase. He had contacted other cities using
the same size can and they all had a good supply. The motion carried 4-2. Jim
Tolleson and Rem Bennett voted against. Gunter Newsom was requested to continue
to search for an alternative.
Finance Committee: In the absence of Bill Darby, Jerry Mills gave the report.
Jerry stated that he and Jack Shinall had been working on the budgets almost daily.
They, along with the Finance Director, have made some cuts already and have come
up with some ideas for more revenue. The following figures are not final and
are for your information only:
Total revenues (incl. transfers) $5,090,086
Expenditure request (6/19/78) 5,352,053,
Excess Expenditures over Revenue 261,967
The following increases are not recommendations, merely ideas for you to be
thinking about:)
$1.06-increase in sanitation pickup
$1.50 increase sewerage charge
Employees contribution for dependent
coverage of insurance
Total
$71,500
71,500 ($35,750 to E&C Fund)
25,000
$168,000
The $261,967 deficit, minus the $168,000 additional revenues, would still leave a
short fall of $93,967.• He also stated it cost the city approximately $100,000
a year for trash pickup once a week. We could save money if we want to go to
twice a month pickups. Jerry stated the last two years the city operated over
budget and this year they were trying to continue services and reduce the cost to
taxpayers, yet operate within the budget. He asked all councilmen to study their
departments and come back to the Finance Committee with their thoughts and ideas.
Water: Jack Shinall stated the city was operating with a deficit in the sewer
department. The county is charging us more to treat the sewer than we are charging
the customer. This is the reason for the suggested increase listed above. Jerry
Mills stated the sanitation department last year lost approximately $30,000.
Jerry Mills made a motion we have a called council meeting Thursday evening at 6:00
p.m. to go over and approve the budgets, also to set the tax millage for 1977.
Jack Shinall seconded the motion. Motion carried. Rem Bennett will be on vacation.
Fire: Jim Hawkins said the meeting of the fire committee would not be held tonight
due to the late hour..
Jim Hawkins made a motion we appoint Mayor Frank Johnson as the voting delegate at
the GMA Convention in Savannah, and Elbert Coalson as the alternate. Jerry Mills
seconded the motion which carried 6-0.
Jack Shinall advised a chart had been worked up on water and sewer charges in the
other cities if anyone wanted to see it.
Meeting adjourned at 11:17 p.m.
June 22, 1978
The special called meeting of Mayor and Council was held June 22, 1978 at City
Hall, Smyrna, Georgia., The purpose of the meeting was to approve 1978-79 budgets
and set the millage rate of 1977. Those present were: Mayor Pro-tem Elbert
Coalson, Jerry Mills, Jim Hawkins, Jack Shinall, Finance Director Gunter Newsom,