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September 18, 2000 council Meeting September 18, 2000 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 Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Representative Lee Cook, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Representative Carol Cowan and representatives of the press. Mayor Bacon stated City Administrator Howard Smith was out of town attending a conference. - Invocation was given by Reverend Reginald Wilborn Union Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Chief Larry Williams who presented the Life Saver Award to Utilities Services Division employee Brett Steiffel. Mayor Bacon recognized State Representative District 29 candidates Ginger Collins and incumbent Randy Sauder. Both candidates asked for the support of the citizens in the November election. Mayor Bacon recognized US 10K organizer Don Whitney. Mr. Whitney talked about the success of the recent lOK race and how it benefits several charities. Mr. Whitney thanked the Mayor for the support of the city and presented a plaque to the city. Mayor Bacon recognized city resident Floyd Millis who expressed his appreciation to the city for correcting his street light bill. - Mayor Bacon recognized Mr. David McDonald, 1824 Mackinaw Place, who thanked the city for their prompt response recently to a call he placed to the 911 Center. Mayor Bacon recognized Dorothy Swanson, who discussed several issues she has with the construction of The Heights at Spring Road complex adjacent to her property. Ms. Swanson stated she is concerned about the siltation, proposed berms on the property and drainage problems. City Engineer Ken Hildebrandt is to address the drainage issue with the developer. PUBLIC HEARINGS: (A) Rezoning Request - 668 Windy Hill Road (.25 Acres) - From LC to GC Councilman Cramer stated the city has received a letter from the applicant's attorney, Paul Cutler, asking that this item be withdrawn without prejudice. Mayor Bacon asked if there was anyone present who wished to address this issue. There was no one present. Councilman Cramer made a motion that the rezoning request for 668 Windy Hill Road (.25 acres) to rezone the property from LC to GC be withdrawn without prejudice. Councilman Hawkins seconded the motion. Motion to withdraw was approved 7-0. (B) Annexation - Unincorporated Island 5 (11 Acres) - Land Lots 457 & 458 - Gann Road, 17th District, 2nd Section, Cobb County, GA .... Mr. Corey stated this proposed annexation is covered under the Annexation law and if approved the property will become a part of Ward 7 effective October 1, 2000. Mayor Bacon asked if anyone was present to address this annexation issue. There was no one present who wished to speak. Councilman Wood stated this property is described as Unincorporated Island #5 at Gann Road. Mr. Wood recognized Bill Clark, the annexation coordinator, who was present. Mr. Wood stated notices have been mailed to the affected property owners and the property is one of several unincorporated islands. Mr. Wood stated that five years ago the Mayor and Council :~. September 18, 2000 meeting - continued 2 . . ... . agreed that the city would move forward with the annexation of all unincorporated islands ~of 50 . acres or less that are surrounded by the City of Smyrna. Councilman Wood made a motion to approve the annexation of Unincorporated Island #5 (11 acres) in Land Lots 457 and 458 - Gann Road - to become a part of Ward 7 with an effective date of October 1, 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Annexation - Unincorporated Island 8 (3.9 Acres) - Land Lot 481 - South Cobb Drive, 17th District, 2nd Section, Cobb County, GA Mr. Corey stated this is also a part of the island annexation law and if approved this property would become a part of Ward 7 with an effective date of October 1, 2000. Mayor Bacon asked if anyone was present who wished to make any public comment on the annexation. There was no public comment. - Councilman Wood stated this is two parcels of land - one of them is a non-profit entity (Biind and Low Vision Services) - and the other is a residence. Mr. Wood stated this property is centered around the property owned by Wade Ford and the Mill Pond development. Councilman Wood made a motion to approve the annexation of Unincorporated Island #8 (3.9 acres) in Land Lot 481 - South Cobb Drive - to become a part of Ward 7 with an effective date of October 1, 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Annexation - Unincorporated Island 9 (14.1 Acres) - Land Lot 384 - Austin Drive and North Cooper Lake Road, 17th District, 2nd Section, Cobb County, GA Mr. Corey stated this is also a part of the island annexation law and if approved the property would become a part of Ward 7 with an effective date of October 1, 2000. Mayor Bacon asked if anyone was present who wished to make any public comment. City Attorney Scott Cochran administered the oath to those persons wishing to speak. Mayor Bacon recognized the following persons who spoke in opposition to the proposed annexation. Mr. Joe Jarriel, 850 Austin Drive, presented a petition signed by residents in opposition to this proposed annexation and then read the petition stating the reason the residents opposed the annexation. Mr. J. R. Turner, 830 Austin Drive, Sandy Curry, 3793 North Cooper Lake Drive, SE, and Mr. Mike McNabb, 750 Austin Drive, all spoke in opposition to the proposed annexation. All of the residents questioned the city about the availability of sewer service being provided to their homes. - Councilman Wood stated services will be made available to these residents. Councilman Wood made a motion to approve the annexation of Unincorporated Island #9 (14.1 acres) - Land Lot 384 - Austin Drive and North Cooper Lake Road - to become a part of Ward 7 with an effective date of October 1, 2000. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Annexation - Unincorporated Island 17 (6.5 Acres) - Land Lot 381 - Concord Road, Dunton Circle, Spring Hill Road, 17th District, 2nd Section, Cobb County, GA Mr. Corey stated this is part of the island annexation law and if approved the property would become a part of Ward 7 with an effective date of October 1, 2000. Mayor Bacon asked if anyone was present who wished to make any public comment. City Attorney Scott Cochran administered the oath to those wishing to speak. Mayor Bacon recognized Ms. Kimberly Maner, 629 Dunton Circle, who spoke in opposition to the annexation of this island and presented a petition to the council with the signatures of those residents also opposed to the annexation. - Councilman Wood made a motion to approve the annexation of Unincorporated Island #17 (6.5 acres) - Land Lot 384 - Concord Road, Dunton Circle and Spring Hill Road - to become a part of Ward 7 with an effective date of October 1. 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Annexation - Unincorporated Island 35 (7.7 Acres) - Land Lot 265 - Concord Road and Highview Drive, 17th District, 2nd Section, Cobb County, GA - - - 'I September 18, 2000 meeting - continued 3 Mr. Corey stated this is part of the island annexation law and if approved the property would become a part of Ward 7 with an effective date of October I, 2000. Mayor Bacon asked if anyone was present who wished to make any public comment. City Attorney Scott Cochran administered the oath to those wishing to speak. Mayor Bacon recognized Mr. Carl Tackett, who resides at the corner of Highview Drive and Concord Road, who spoke in opposition to the annexation. Mr. Tackett expressed his concerns over the increase in taxes that will impact his mother-in-law Mrs. O'Bryant. Councilman Wood made a motion to approve the annexation of Unincorporated Island 35 (7.7 acres) - Land Lot 265 - Concord Road and Highview Drive - to become a part of Ward 7 with an effective date of October 1, 2000. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (G) Annexation - Unincorporated Island 36 (7.3 Acres) - Land Lot 264 - Concord Road, 17th District, 2nd Section, Cobb County, GA Mr. Corey stated this is part of the island annexation law and if approved the property would become a part of Ward 7 with an effective date of October 1, 2000. Mayor Bacon asked if anyone was present who wished to make any public comment. There was no one present who wished to comment. Councilman Wood made a motion to approve the annexation of Unincorporated Island #36 (7.3 acres) - Land Lot 264 - Concord Road to become a part of Ward 7 with an effective date of October 1, 2000. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (H) Privilege License Request - Mr. Bill's Package Store - Ownership/Agent Change - 3791-P South Cobb Drive - Retail Package (Liquor, Beer and Wine) Mr. Corey stated this is an ownership change and transfer of the license. Mr. Corey stated that Mr. Robert C. Tepper, the applicant who is applying to be the agent, has been given a copy of the Alcohol Beverage License ordinance and the business license officer has reviewed the guidelines with him. Mr. Corey stated that the police department investigation revealed nothing that would preclude the issuance of the license to Mr. Tepper. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any public comment. Noone was present who wished to comment. Councilman Hawkins recognized Robert C. Tepper and asked who is the owner of the property. Mr. Tepper responded the owner is Mr. Daksha M. Patel. Councilman Hawkins asked Mr. Tepper if he will be working on the premises and what his duties are. Mr. Tepper responded he will be working on the premises and will be the assistant manger and Mr. Patel will also be there. Councilman Hawkins asked Mr. Tepper if he has held an alcohol beverage license before and Mr. Tepper responded yes - in the City of Atlanta. Councilman Hawkins asked Mr. Tepper if he had read the alcohol beverage ordinance as it pertains to the City of Smyrna and he responded yes. Councilman Hawkins stated for the record that the Finance Director, Claudia Edgar, has reviewed the packet and finds it to be complete and the Police Department investigation failed to reveal anything that would preclude the issuance of the license to Mr. Tepper. Councilman Hawkins cautioned Mr. Tepper that the city as well as Cobb County does conduct sting operations from time to time and the city is serious about eliminating sales to minors. Mayor Bacon asked the owner, Mr. Patel, if they would agree to ask everyone for identification that comes into the business. Mr. Patel stated he would support such a law if it were approved. Councilwoman Capilouto asked that the Finance and Administration Department look at ordinances that require that all locations that sell alcohol are mandated to ask for identification. Councilman Newcomb stated that Section 6-163 of the Code of Ordinances does address this issue. Councilman Hawkins made a motion to approve the business license request for Mr. Bill's Package Store at 3791-P South Cobb Drive for retail package sales (liquor, beer and wine) with Mr. Robert C. Tepper as the agent. Councilman Scoggins seconded the motion. Motion was approved 7-0. (I) Privilege License Request - Nortaxi, Inc., 1022-7 Windy Hill Road* September 18, 2000 meeting - continued 4 * According to the applicant the address should be 1022-1 Windy Hill Road Mr. Corey stated this is a new application for a license to operate a taxi company and the applicant, Cesar A. Correal-Henao, has been given a copy of the Vehicle for Hire ordinance and the business license officer has gone over the guidelines with him. Mr. Corey stated the police department investigation failed to reveal any information that wou preclude the issuance of this license to Mr. Correal-Henao. Mayor Bacon stated this a public hearing and asked if anyone was present who wished to make any public comment. ] ) one was present who wished to comment on this issue. Councilman Hawkins asked Mr. Correal-Henao where the business is 101 . ted and he responded at Belmont Hills. Councilman Hawkins stated for the record that the applcation has been reviewed by the Finance Director, Claudia Edgar, and has been completed as required and that the police department investigation failed to reveal anything that would pr~clude the issuance of the license. Mr. Hawkins asked Mr. Correal-Henao if there would be anyone at the business who was bilingual since Mr. Correal-Henao does not speak English. Mr. Correal-Henao responded his wife will be at the business and she is bilingual. Mr. Hawkins asked the applicant if he has operated a taxi company before and he responded that he had in Columbia. ... Councilman Hawkins made a motion to approve the business license request for Nortaxi, Inc., to be located at 1022-1 Windy Hill Road. Councilman Scoggins seconded the motion. Motion was approved 7-0. (J) Privilege License Request - Acon Ventures, Inc., d/b/a Abbey's International Farmers Market, 2434 Atlanta Road - Retail Package License (Beer and Wine) Mr. Corey stated this application is for a retail package license (beer and wine) for Acon Ventures, Inc., d/b/a Abbey's International Farmers Market at 2434 Atlanta Road (Belmont Hills) and the agent will be Mr. Olusola Abi Oriyomi. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any public comment on this issue. There was no public comment. Councilman Hawkins stated for the record that the Director of Finance, Claudia Edgar, has reviewed the application and states it is complete and the police department investigation revealed nothing that would preclude the issuance of this license to Mr. Oriyomi. Councilman Hawkins stated this is a new location and attached to the application is a survey of the property which shows the establishment meets all the distance requirements. Councilman Hawkins asked Mr. Oriyomi if he has ever held a license before and he responded he had not. Councilman Hawkins asked Mr. Oriyomi jf he has been provided a copy of the ordinance and if he understands it and he responded yes. ... Councilman Hawkins made a motion to approve the privilege license request for Acon Ventures, Inc., d/b/a/ Abbey's International Farmers Market at 2434 Atlanta Road, for a retail package license (beer and wine) with Mr. Olusola Abi Oriyomi as the agent. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Validate Petition for Annexation (9.311 Acres) - Concord Road - Land Lot 265, Tract 1 and 2 - 17th District, 2nd Section, Cobb County, Georgia Mr. Corey stated Mr. Alan M. Argo, executor of the estate of Willie B. Argo, has submitted an application for annexation of the below-described properties. Land Lot 265 Tract One ... All that tract of land lying and being in Land Lot 265 of the 17th District and Second Section of Cobb County, Georgia, being more fully described as follows: BEGINNING at a point on the Northwest right of way of Concord Road 345.0 feet from its intersection with the Northeast right of way of Angla Drive; Thence North 57 degrees 32 minutes 11 seconds West for a distance of 541.46 feet to an IPF 5/8" open top pipe; Thence North 18 degrees 57 minutes 52 seconds East for a distance of 253.22 feet to an IPF #4 rebar; September 18, 2000 meeting - continued 5 Thence South 89 degrees 43 minutes 41 seconds East for a distance of 791.25 feet to an IPF 5/8 open top pipe; Thence South 26 degrees 38 minutes 31 seconds West for a distance of 67.17 feet to a point on the right of way of Concord Road; Thence along a curve to the right having a radius of 1240.00 feet and an arc length of 443.03 feet, being subtended by a chord of South 36 degrees 51 minutes 06 seconds West for a distance of 440.79 feet to a point on the right of way of Concord Road; Thence South 47 degrees 05 minutes 23 seconds West for a distance of 166.84 feet to the point of beginning on the Northwest right of way of Concord Road. Together with and subject to covenants, easements, and restrictions of record. Said property contains 6.717 acres more or less. - Land Lot 265 Tract Two All that tract of land lying and being in Land Lot 265 of the 17th District and Second Section of Cobb County, Georgia, being more fully described as follows: BEGINNING at a point on the Northwest right of way of Concord Road 245.0 feet from its intersection with the Northeast right of way of Angla Drive. Thence North 57 degrees 33 minutes 43 seconds West for a distance of 666.66 feet to an IPF 5/8" open top pipe; Thence North 02 degrees 54 minutes 00 seconds West for a distance of 243.23 feet to an IPF 1" open top pipe; thence South 89 degrees 31 minutes 50 seconds East for a distance of 162.99 feet to an IPF 5/8" open top pipe; thence South 89 degrees 48 minutes 06 seconds West for a distance of 110.07 feet to an IPF #4 rebar; thence South 18 degrees 57 minutes 52 seconds West for a distance of 253.22 feet to an IPF 5/8" open top pipe; thence South 57 degrees 32 minutes 11 seconds East for a distance of 541.46 feet to a point on the right of way of Concord Road; thence South 47 degrees 05 minutes 23 seconds West for a distance of 45.71 feet along the right of way to a point; thence along a curve to the left having a radius of 1786.50 feet and an arc length of 54.29 feet, being subtended by a chord of South 46 degrees 13 minutes 09 seconds West for a distance of 54.29 feet to the point of beginning on the Northwest right of way of Concord Road - Together with and subject to covenants, easements, and restrictions of record. Said property contains 2.594 acres more or less. Councilman Wood made a motion to validate the annexation petition of Mr. Alan M. Argo for the above described property and set a public hearing date of October 16, 2000. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Authorize Mayor to Execute Resolution with the Georgia Department of Transportation for Funding Mr. Corey stated this resolution authorizes contracting with the Georgia D.O. T. for funding under the Intermodal Surface Transportation Efficiency Act (lSTEA Grant) of 1991 and is for the purpose of constructing a linear park on Spring Road. Councilman Scoggins made a motion to authorize the Mayor to execute the resolution with the Georgia Department of Transportation for funding. Councilman Newcomb seconded the motion. Motion was approved 7-0. (C) Authorize Mayor to Sign Ordinance Making Local Funds Available for Transportation Enhancement Activities - Mr. Corey stated this ordinance will ensure that the city provide the matching funds of 20 % for the cost of this project. Councilman Scoggins made a motion to authorize the mayor to sign the ordinance making local funds available for transportation enhancement activities. Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Authorize Elimination of Current City Sick Leave Bonus Option Policy and Implementation of New Sick Leave Conversion Option September 18, 2000 meeting - continued 6 Mr. Corey stated this is a recommendation of the Human Resources Committee. This action would eliminate the sick leave bonus option and implement a sick leave conversion option. Mr. Corey stated the sick leave conversion option will allow employees to convert sick leave to annual leave . Mr. Corey stated this action does not affect the current sick leave policy. Councilman Cramer made a motion to authorize the elimination of the current city sick leave bonus option policy and implement a new sick leave conversion option effective January 1, 2001. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. - BID AWARDS: (A) Bid A ward- Bathroom and Kitchen Cabinets for Fire Station #2 Councilman Lnenicka stated the city wishes to remodel the cabinets at Station #2 and is a budgeted item. He further stated bids were solicited with only one company responding. Councilman Lnenicka stated bids were solicited again and the only bidder responding to the second request was the same vendor who responded the first time. Councilman Lnenicka made a motion to award the bid for the bathroom and kitchen cabinets for Fire Station #2 to Master Concepts, Lawrenceville, Georgia, for a total cost of $13,500. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (D) Approval of September 5, 2000 Minutes Approval to Request Bids for Roof at Fire Station #3 Approval to Use Council Chambers on Tuesday, September 19th From 6:30 p.m. - 10:00 p.m. for Ward 6 Meeting (Vinings Forest Homeowners Association) Approval to Solicit A Request for Proposal or Purchase Via State or Federal Contract a Human Resource Information System. Authorize the Purchase of Up to 4 Cars Off State Contract (Police Department) - (A) (B) (C) (E) Councilman Wood made a motion to approve the consent agenda. Councilman Lnenicka seconded the motion. COMMITTEE REPORTS: Councilman Hawkins asked Claudia Edgar for a report from the Finance Department. Ms. Edgar stated she had nothing to report but stated the entire finance department is very proud of Mr. Brett Steiffel for receiving the Life Saver Award this evening. Ms. Edgar stated the audit is well underway and the auditors will be in attendance at the October 16, 2000 council meeting to present their findings. Ms. Edgar stated tax bills will be mailed soon. Councilman Hawkins stated he felt this past Taste of Smyrna event was the best one the city has ever had. Councilman Scoggins asked Ann Kirk for a report from Keep Smyrna Beautiful. Ms. Kirk reported the Jonquil bulbs have been ordered for this fall and will be available for sale beginning October 2 at the recycling center. Councilman Scoggins asked Public Works Director Scott Stokes for a report. Mayor Bacon asked about placing better mulch around the duck pond and Mr. Stokes said he would place additional mulch around the pond. - Councilman Newcomb asked Carol Cowan for a report from the Community Development Department. Ms. Cowan reported the estimated construction cost for the month of August $11,000,000 and stated they had issued 86 building permits. Councilman Newcomb stated there is no report from the City Engineer. Councilwoman Capilouto stated there is no report from the Court Services Division. September 18, 2000 meeting - continued 7 Councilman Cramer stated the Veterans Memorial Association is still accepting donations and encouraged anyone interested in making donations to call the Veterans Memorial Association office. Councilman Lnenicka stated there is no report from the Police or Fire Department this evening. He then read excerpts from the Grand Jury presentments and the Smyrna Jail received a very good report. . Councilman Lnenicka stated there will be a Vinings Forest Homeowners Association meeting at 7:00 p.m. on Tuesday, September 19,2000, in the council chambers. - Councilman Wood asked Steve Ciaccio for a report from the Parks & Recreation Department. Mr. Ciaccio reported that the Taste of Smyrna event was very well conducted and expressed his appreciation to the other departments who worked with his staff to make the event so successful. Mr. Ciaccio reported the Fall Festival will be October 21 & 22, and the Halloween on the Green will be October 28 from 1 to 5 p.m. Mayor Bacon expressed his appreciation to the parks staff, Ann Kirk and her volunteers, Jennifer Bennett and Odalys Huggins and others who were a part of the Taste of Smyrna event. Councilman Wood asked Mike Seigler for a report from the Library. Mr. Seigler reported there are now 430 members of the Friends of the Smyrna Library. Mr. Seigler stated his staff answered more than 2,000 reference questions during the month of August. Mr. Seigler announced that the deadline for registering to vote is October 10. Mr. Seigler stated Betty Norton is continuing to exhibit her art through the end of the month and Ted Oliver and Michael Ross will begin multi-media exhibits after that. Councilman Wood stated he thought the Taste of Smyrna event was an excellent example of multiple city departments working together to make things work. Mayor Bacon then excused the department heads. - SHOW CAUSE HEARINGS: (A) Alcohol Beverage Violation-Cumberland Amoco-2535 Cobb Parkway- Agent Sam A waise Mr. Corey stated on June 7, 2000, the Smyrna Police Department conducted a sting operation and a 17-year old informant was sent into the Amoco at 2535 Cobb Parkway and purchased a 24-ounce Corona beer from the store clerk, Dawitt T. Gebresilasse, without being asked for any identification. He continued that the case was heard in the Smyrna Municipal Court on June 29, 2000, and the clerk was fined $575. Mayor Bacon asked Mr. Awaise, the agent, to come forward and City Attorney administered the oath to him and the police officers who would be testifying. Officer Bennett stated that on June 7, 2000, around 5:45 p.m. he and a 17-year old male informant went into the Amoco located at 2535 Cobb Parkway. He continued that the informant picked a 24-ounce Corona beer from the cooler. He stated he accompanied the informant to the checkout stand where the order was processed and no identification was requested. He stated the transaction was made and he and the informant exited the store. Officer Bennett stated this operation was part of the Cobb Underage Drinking Task Force/Alcohol Service Compliance check. ... Councilwoman Capilouto asked Mr. A waise if the clerk who sold was still employed by Amoco and Mr. Awaise responded no, the clerk was terminated. Councilwoman Capilouto stated this is the second offense for this location within a five-year period. Councilwoman Capilouto asked Mr. A waise if he is training the clerks that are being hired to card everyone or are they told just to card persons who they think are under 21 years of age. Mr. A waise stated this is an ongoing problem at all his locations and they do train the cashiers, but unfortunately they cannot watch the employees 24-hours a day. Mr. A waise suggested the guilty clerks be given jail time. Mayor Bacon stated the council has talked about the fine amount, community service hours and even jail time for the persons who actually make the sales. September 18, 2000 meeting - continued 8 Councilwoman Capilouto made a motion to suspend the license to sell alcohol at the Cumberland Amoco, 2535 Cobb Parkway, for 30 consecutive days beginning at 12:01 a.m. on Tuesday, September 19, through Wednesday, October 18, and the establishment placed on a 5- year Class I probation. Ms. Capilouto stated the license will be reinstated at 8:00 a.m. on Thursday, October 19, 2000. Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Alcohol Beverage Violation - Spring Road Package Store - 1669 Spring Road - Agent Ammie Delaine Long Mr. Corey stated that on June 7, 2000, the Smyrna Police Department conducted a sting operation and a 17-year old minor was sent into the Spring Road Package Store at 1669 Spring Road and purchased a 24-ounce can of Budweiser beer from the clerk, Mala Mitesh Tilva. He continued that the clerk did not ask for identification and was charged with alcohol sales to a minor. Mr. Corey stated the case was heard in the Smyrna Municipal Court on June 29, 2000, and the clerk was fined $575. City Attorney Scott Cochran administered the oath to the persons who would be addressing this issue. - Officer Bennett stated that on June 7, 2000, around 7:25 p.m. he and a 17-year old male informant went into 1669 Spring Road, d/b/a Spring Road Package Store. He continued that the 17-year old informant chose a 24-ounce can of Budweiser from a cooler and he and the officer proceeded to the clerk where the purchase was made and the clerk never asked for identification. Officer Bennett stated they exited the store and the clerk was issued a citation for the sale of alcohol to a minor. Officer Bennett stated this was part of the Cobb Underage Drinking Task Force Operation. Mayor Bacon asked the agent, Ammie Delaine Long, to come forward. Councilman Scoggins asked Mitch Tilva, the owner, if the clerk who sold the alcohol was his wife and he responded that was correct. Councilman Scoggins asked Mr. Tilva to explain what happened. Mr. Tilva stated it was a mistake she made but wanted to say he has been taking care of this problem and has decided that from now on they will ask for identification from everyone who walks into the store. Mr. Tilva stated he has put a lot of signage in the store indicating this will be their policy. Mr. Tilva stated this is his second store as he has another store located on Cobb Parkway in the Akers Mill shopping center and has been at that location since 1992 and has never been caught in a sting operation (at that location). Mayor Bacon stated it was discouraging to him that the wife of the owner was involved in the sting operation and sold to a minor. Mr. Tilva stated he did not know why his wife sold to the minor but continued that he was in the store at the time of the sale and he would have ask the minor for identification even though he looked to be about 24 or 25 years of age. Mayor Bacon asked Mr. Tilva why he is not the agent for this location and he responded he is not a U.S. citizen and can not hold the license. -- Councilman Lnenicka asked the agent, Ammie Delaine Long, to come forward. Ms. Long stated she is not the agent for this establishment and has not worked at this location for almost a year. Councilman Lnenicka asked if this location has been operating without a licensed agent as required by law for over a year. Mr. Tilva said he did not know this was the law and just found out two weeks back and he has gotten all his applications ready and will submit one for the business license. Mr. Lnenicka asked Ms. Long if her ability to be the agent for this location was approved less than a year ago - on September 20, 1999 - and what her status was at that time in the store. Ms. Long responded she was an employee but after she quit she stated she came to city hall and asked that her name be removed as the agent. Ms. Long stated she was told by the business license officer that they had received a call from Mr. Tilva stating she had changed her mind and was going to stay as the agent and to leave her as the agent. Ms. Long continued that she had talked to Ms. Joiner, City Clerk, last week. Councilman Lnenicka asked Ms. Long how long she had not been employed at the store and she responded since February of this year. Mayor Bacon asked Mr. Tilva if he has plans to get another agent and he responded that he had originally planned on having his wife as the agent but Captain Farmer did not approve that application. He continued that he did not know why and had left messages for Captain Farmer to call him but has not heard from him and that is why he asked Ms. Long to be the agent. Mayor Bacon asked who he plans to be the agent since Ms. Long is no longer employed by his store and he responded he plans to have his wife as the agent. -- Councilman Scoggins asked Ms. Long if she had informed the police department that she would no longer be the agent and she responded that she had informed the business license agent, Ms. Cannon. Councilman Hawkins asked if this request was in writing or was it just a verbal September 18, 2000 meeting - continued 9 - notification and Ms. Long responded it was verbal and that Ms. Cannon told her she would have to get Mr. Tilva to come in and fill out another agent application. Councilman Scoggins asked Mr. Tilva if he was informed of this and he responded no. Councilman Scoggins stated he was concerned that the city may have dropped the ball in this incidence. Mayor Bacon stated he understood that Ms. Long had come to city hall and asked that her name be removed as the agent and then the owner called and said to keep her. Mr. Tilva stated he had not called anyone in the city stating that. Councilman Lnenicka stated he was concerned that whatever the city decided to do in this situation that he hopes the motion will include a stipulation that no sales of alcohol take place until they have a duly licensed, as required by law, agent to monitor the sale of alcoholic beverages for this store. Councilman Scoggins stated he is concerned that the city does not police these establishments. Mayor Bacon stated the fact is that this location has no agent and they must have an agent for this location. Councilman Lnenicka stated this is a good issue for either the council Finance Committee or Public Safety Committee to look into how these things are monitored. Mayor Bacon stated he was going to defend the city hall staff because we have an issue here where someone called and said remove them as the agent and then according to our staff person another call came in from the owner and said keep her as the agent and the city did not know for a fact until tonight that Ms. Long does not want to be the agent. Councilman Cramer stated it was the owner's responsibility to know the laws and ordinances of the city and if his agent was no longer employed by him, it was his responsibility to make sure he has a current licensed agent. Councilman Scoggins stated he agreed. Councilman Scoggins made a motion to suspend the alcohol beverage license at Spring Road Package Store, 1669 Spring Road, for 15 consecutive days beginning at 12:01 a.m. Tuesday, September 19, 2000, through October 3, 2000. Councilman Scoggins stated that as an additional stipulation that no sales of alcohol beverages can be conducted at this location until an agent, as required by law, is approved for this location. Councilman Scoggins stated that contingent upon the approval of an agent for this location, the license will be reinstated on October 4 and the business will be placed on a 5-year probation. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Alcohol Beverage Violation-J & J Package Store - 1828 Spring Road - Agent Hisham Huroub - Mr. Corey stated on June 7, 2000, the Smyrna Police Department conducted a sting operation and a 17-year old minor was sent into J & J Package Store, 1828 Spring Road and purchased a 40-ounce container of Olde English Malt Liquor from the clerk, Hamoud S. Aldahbali. He stated the clerk did not ask for identification and was charged with alcohol sales to a minor and the case was heard in the Smyrna Municipal Court on June 29, 2000, and the clerk was fined $575. Mayor Bacon asked the agent, Hisham Huroub to come forward and City Attorney Scott Cochran administered the oath to him. Officer Bennett stated that on June 7,2000, around 7:00 p.m. he drove a 17-year old male informant to 1828 Spring Road at J & J Liquor Store and parked the police department vehicle in front of the store and let the 17-year old informant out. He stated he watched the informant walk into the store, walk up to the clerk with a 40-ounce bottle of Old English and make the purchase and exit the store. Officer Bennett stated upon his arrival back at the vehicle the informant advised him no one asked for identification and he stated there was only one clerk working and that was the clerk that made the sale. Mr. Bennett stated this operation was part of the Cobb Underage Task Force. Mayor Bacon asked if the clerk who made the sale was present and Mr. Huroub responded he was not. .. Councilman Scoggins asked Mr. Huroub how long he has had this location and he responded since January 1999. Councilman Scoggins stated this is the first offense for this location. Mayor Bacon asked if the clerk who made the sale was still employed and Mr. Huroub responded the clerk was fired the next day. Councilman Scoggins stated he had learned from the Police Department that Mr. Huroub had been robbed at this location and as a result was hospitalized, had surgery and confined to his home for two months and then was told not to do any lifting of items over 5 - 10 pounds for about six months. Mr. Huroub stated this is the reason he had to hire a clerk to run the store for him and Mr. Aldahbali was an experienced clerk who was familiar with the requirements of the city ordinance as they relate to alcohol sales. Mayor Bacon asked if the clerk stated why he made the sale without asking for identification. Mr. Huroub stated the clerk indicated there were two other gentlemen in the store at the time of the sale and that they were arguing and the gentleman who purchased the alcohol was tall and looked to be about 24 or 25 years of age. He continued that the clerk was concerned that the two other guys might be going to steal some liquor and just sold to the tall September 18, 2000 meeting - continued 10 customer. Councilman Scoggins asked Mr. Huroub if this business is his only source of income and he responded yes. Councilman Newcomb asked what is located behind Mr. Huroub's store and he responded there is a dentist office behind his store and a shopping center on the other side. Mr. Newcomb asked if there is a residence close to his business and Mr. Huroub responded no but there is a residence across the street on the opposite side. Councilman Scoggins made a motion to suspend the alcohol beverage license for J & J Package at 1828 Spring Road for a total of7 non-consecutive days beginning at 12:01 a.m. on Tuesday, September 19,2000. The dates the store can not sell are as follows: September 19, 20, 21, 25, 26, 27 and 28, 2000. Mr. Scoggins stated the location will also be placed on a 5-year probation and the license will be reinstated at 8:00 a.m. on September 29, 2000. Councilman Hawkins seconded the motion. Motion was approved 7-0. - Mayor Bacon thanked Officers Bennett and Hegwood for their attendance. ADJOURNMENT With no further business, the meeting adjourned at 10:47 p.m. - .... September 18, 2000 meeting - continued ~qff!: 11 ~ c~ CANDIS JOINER, QV\~e~~ ~oojlT~ ~ J~ CHARLENE CAPILOU 0, WARD 1 RON NEWCOMB, WARD 2 - /A. /~ CHARLES PETE WOOD, WARD 7 - -