May 6, 1991 Council Meeting
May 6, 1991
The regular 3cheduled meeting of Mayor and Council was held pursuant to the
Charter on May 6, 1991 at Smyrna City Hall. The meeting was called to order
at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council
members were present. Also present was City Administrator John Patterson,
City Clerk Melinda Dameron, City Attorney Charles E. Camp, Communications
Director Steve Ciaccio, Fire Chief Larry Williams, Public Works Director Vic
Broyles, City Engineer Ken Hildebrandt, Police Major Kent Sims, Community
Relations Director Kathy Barton, Library Director Laurel Best, Parks and
Recreation Director Sherry Reavis, Finance Director Emory McHugh and
representatives of the press.
Invocation was given by York Chambless, followed by the pledge to the flag.
'-
CITIZENS INPUT: Ted Reed
beverages for Platinum Plus
prevent them from opening,
community.
commented on the application to serve alcoholic
and urged council to use all legal means to
as their business would be a detriment to the
PUBLIC HEARINGS:
(A) Business license - massage practitioner - Stacy L. Shirley, 1461 Smyrna
Roswell Road
Bill Scoggins made a motion the application be tabled to the May 20 meeting.
Jack Shinall seconded the motion whic~ c6rried 7-0.
(B) Abandonment and conveyance of FC3ter Street right of way
John Patterson stated that a portion of Foster Street as shown on the tax
plats is unpaved and the adjacent:Jwners have requested that it be formally
abandoned and conveyed to them. rhis portion of street extends from the
existing cul-de-sac to the railroad right of way. There was no opposition.
......
Bill Scoggins made a motion the righc of way be abandoned and conveyed to the
adjacent property owners, Murriel Whitener, John Witt and Spring Street
Baptist Church if they are also contiguous, provided the owners pay all legal
fees. John Steely seconded the motion which carried 7-0.
(C) Annexation of Highlands Festival Shepping Center
John Patterson stated that Mr. Oliver Wright is the owner of Highlands
Festival and has requested that it De annexed into the City. The application
was read into the minutes of the April 15 meeting and all advertisements have
been made. There was no opposition.
John Steely made a motion the properLY be annexed to become a part of Ward 7.
Wade Lnenicka seconded the motion which carried 7-0.
(D) Privilege license - liquor, beer aDd wine pouring - Platinum Plus, 2282
Old Concord Road
John Patterson stated that Mr. B Don Gravley has applied for a retail
pouring license for his adult entectai:1ffient establishment known as Platinum
Plus. There was a large group in oppo.3ition.
....
Mr. Osborne stated his court rep0rter had not arrived and inquired if the
tape or transcript from the meetinq could be utilized. Mr. Osborne was told
the minutes of the meeting would be available but they would not necessarily
be verbatim. Jack Shinall stated_hat since the attorney for the applicant
had brought forth the question of not having a court reporter to provide a
verbatim testimony, made a motion th\~ hearing be postponed for 30 days. Kathy
Jordan seconded the motion which carried 6-1 with Jim Hawkins opposed.
FORMAL BUSINESS:
(A) Validate petition to annex Cumbe:land Ridge Baptist Church
Attorney Camp read an application:o annex Cumberland Ridge Baptist Church,
located on South Cobb Drive at Ridge Road as follows:
We the undersigned,
resident and sixty
as described below,
who constitute sixty percent (60%) of the electors
percent (60%) of the owners of the land area by acreage,
which is unincorporated and contiguous to the City of
May 6, 1991 meeting - continued
Smyrna, hereby apply to have said area annexed into the City of Smyrna under
the provisions of laws of the State of Georgia, said property being annexed
being described as follows:
All that tract or parcel of land lying and being in Land Lot 551 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
BEGINNING at a point on the southwesterly right of way of South Cobb Drive,
said point being located 1053.7 feet southeast of the right of way line of
South Cobb Drive where it intersects the north land lot line of Land Lot 551;
from said point of beginning leave said right of way and run southwesterly
300 feet more or less to a point; thiCmce southeasterly a distance of 355.1
feet to a point; thence northeaster'y a distance of 310.5 feet to the
southwesterly right of way of South Cobb Drive; thence northwesterly along
said right of way a distance of 316.5 feet and point of BEGINNING.
f
....,
Said tract containing 2.18 acres, more or less.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY I'OR SUCH ANNEXATION.
Witness the hands and seals of 60'~ of the record title holders of the land
described above: s/J. AL COCHRAN, BOB LEE FRANKLIN, W. DAN PARKER, HAUSER L.
SMITH
Wade Lnenicka made a motion the p:O!tition be validated and a public hearing
set for June 3, 1991. Kathy Jordan secon~ed the motion which carried 7-0.
(B)
Naming of streets in downtown ar~a
John
the
road
Hamby
green
Patterson said it was necessary to name the newly constructed streets in
downtown area so that addres3es can be assigned. The first is the new
that runs from the Second Baptist Church to the new intersection of
at Powder Springs, second is the road that goes around the village
and third is the extension of King Street into the village green.
Jim Hawkins said the Finance C)mmittee had met and based on their
recommendation made a motion the foll,)wirg names be approved: ---
The portion of the street becwe€n Bank Street and Atlanta Street
currently called Hamby and Fuller, to be called Hamby Street the entire
length so that it will be consistent all the way through.
Name
proceeds
Circle.
that section of road that begirs at the ending of Powder Springs and
east around the village green circle to Atlanta Road, Village Green
~lso, the new extension of King Street to Village Green Circle to remain
King Street.
Kathy Jordan seconded the motion which carried 6-1 with Jack Shinall opposed.
(C) Approval of dedication of right of "my - Jane Lyle Road
John Patterson stated that several mcnths ago, Post Properties asked for a
conveyance of Jane Lyle Road (CUmberland Drive) to construct an addition to
Post Vinings Apartments on Atlanta Road. Council agreed to the right of way
exchange and tonight is the formal dedication of Jane Lyle Road now that the
new roadway has been constructed. There is also a one year warranty that must
be provided by Post Properties.
Wade Lnenicka said this action is merely to trade the new Jane Lyle Road for
the former road and made a motion the Mayor be authorized to execute the
conveyance of the former Jane Lyle Road right of way to Post Properties and
accept the new right of way subject to the one year maintenance period as
provided in Appendix D of the ordinance.
--
Bob Davis seconded the motion which carried 7-0.
(D) Resolution increasing hotel/motel excise tax
John Patterson said the legislature this year approved an increase of
accommodation tax for construction of a convention center in Cobb County.
May 6, 1991 meeting - continued
Cobb County has recently approved the increase for their hotels to 8% and the
City of Smyrna is still at 3% which goes into our General Fund.
Jim Hawkins said the Resolution is lengthy and will be on file in the City
Clerks office. Approval of this Resolution will allow us to increase our
hotel/motel tax from 3% to 8%, with the additional 5% to go towards the
Cobb-Marietta Coliseum and Exhibit Hall Authority to help pay our pro rata
share of the new convention center. Ji~m Hawkins made a motion the resolution
be adopted. Bill Scoggins seconded the motion which carried 7-0.
(E) Bid opening - two copiers for Library
..
Bids for two new copiers were opened, read and recorded as follows:
Nash Office Systems
Xerox
Advanced Electronics
Regency Office Prod.
Zeno Systems
Danka Business System
Kodak
A.B. Dick
No bid
$12,020.00 total
$ 7,203.04 total
$ 9,730.00 total
$ 6,062.00 total
$ 4,798.50 total
No bid
$ 7,203.00
Wade Lnenicka made a motion the bids be turned over to the Library Committee
for their recommendation back at the next meeting. Jack Shinall seconded the
motion which carried 7-0.
(F) Bid opening - artwork for Community Center/Library
Bids were opened, read and recorded as follows:
DeVant Crissey Studio
Corporate Art International
Winn-Regency
$4,578.45
$3,075.00
'~3,868.50
...
Wade Lnenicka made a motion the bids be turned over to the Library and Parks
and Recreation Committees for their recommendation back at the next meeting.
Bill Scoggins seconded the motion which carried 7-0.
(G) Bid opening - gym equipment for Community Center
Bids were opened, read and recorded as follows:
Advanced Fitness Systems
Profit Equipment Center
Universal
BSN Coporporation
Metro Sports Fitness
$ 9,962.00
$11,035.00
$14,192.00
$ 6,295.71
$ 9,585.00
Bill Scoggins made a motion the blds be turned over to the Parks Committee
for their recommendation back to council at the next meeting. John Steely
seconded the motion which carried 7-0.
(H) Bid opening - hydraulic rescue equipment
Bids were opened, read and recorded as follows:
Zimmerman- American
Evans Armstrong Harolds Aero Matrix Darley Safety
Rescue System 11,127 12,354 14,682
Diesel Engine 500 1,633 2,257
... Reels 1,950 1,444 1,591
Suction 1,058 1,002 990 748
Resuscitator 554 590 655 518 579 723
Scoop 648 772 555 636 718
Extrication 123 143 115 127 143
MAST Adult 379 922 357 392
MAST Pedi. 359 830 314 365
Adult Tract. 179 206 167 183
Pedi. Tract. 179 206 167 183
Scott Air Pak 7,365
Double Fm. Red. 303 195 307 321
May 6, 1991 meeting - continued
Zimmerman Harolds Darley American
Pike 10' 121 118 158 120
Pike 6' 95 88 106 94
Spanners 130 153 138
Hose Clamps 453 502 542
Valve 372 442 438
Lights 380 371 442 420
Charger 342 339 445 384
Fans 1,237 1,787 2,160 1,755
Kathy Jordan made a motion the bids be turned over to the Fire Committee for
their recommendation back at the next meeting. Wade Lnenicka seconded the
motion which carried 7-0.
..-
(I) Bid opening - curb, gutter and sidewalk installation
Bids were opened, read and recorded as follows:
Key Curbing
$556,651.00
$276,014.05 alternate
$58~', 332.00
$49~;, 511. 06
$45:;,045.00
Abacus Company
Curb Specialists
Unisys Construction
Jack Shinall made a motion the bids be
Committee for their recommendation back
seconded the motion which carried 7-0.
turned over to the Public Works
to full council. Kathy Jordan
(J) Bid opening - piano for Community Center
Bids were opened, read and recorded as follows:
Baldwin Piano & Organ
$2,887.00
Bill Scoggins made a motion the bid be turned over to the Parks Committee for
their recommendation back at the next meeting. Jim Hawkins seconded the
motion which carried 7-0.
....,
(K) Ordinance amendment - Emergency Management, Sect. 7-1, 7-2, 7-3, 7-6,
7-7
John Patterson stated the proposed amendments will simply change the titles
of Civil Defense Director to Emergency Management Director as recommended by
the Federal Emergency Management Association.
Kathy Jordan made a motion the ordinance be amended by deleting Sections 7-1,
7-2, 7-3, 7-6 and 7-7 in their entirety and replacing with new sections, on
file in the City Clerk's office. Bill Scoggins seconded the motion which
carried 7-0. Jim Hawkins stated that Mr. Patterson also serves in the
capacity as Emergency Management Director but unlike his predecessor,
receives no compensation.
BID AWARDS:
(A) Playground equipment for Community Center
Bill Scoggins made a motion the bid be awarded to Leisure Lines, the low
bidder at $5,842.00. John Steely seconded the motion which carried 7-0.
(B) Rose Garden pavilion
Bill Scoggins made a motion the bid be awarded to Leisure Lines, the low
bidder at $8,953.00. Kathy Jordan seconded the motion which carried 7-0.
..-
(C) Library relocation
Wade Lnenicka made a motion the bid be awarded to Philpot NorthAmerican, the
low bid at $4,092.30. Bill Scoggins seconded the motion which carried 6-1
with Jack Shinall opposed.
(D) Reader/printer for Library
Wade Lnenicka made a motion the bid be awarded to Minolta at $12,923. Bill
Scoggins seconded the motion which carried 7-0.
May 6, 1991 meeting - continued
COMMERCIAL BUILDING PERMITS:
(A) Aetna Life Insurance requested a building permit for tenant finish at
2400 Lake Park Drive at a total estimated cost of $207,220. Kathy Jordan made
a motion the permit be approved. Wade Lnenicka seconded the motion which
carried 7-0.
CONSENT AGENDA:
....
(A) Amendments to FY1991 budget
(B) Replace yield sign with stop sign - Strathmoor & Balmoral
(C) Approval of Sewer System Development Fee Agreement amendment
(D) Approval to purchase two microfiche machines for Library
(E) No parking signs - Mill Pond Road at cui de sac
(F) Approval to increase sign permit fees
(G) Approval of April 15, 1991 minutes
(H) Approval to request bids for pavement restriping
Bill Scoggins made a motion the consent agenda be approved. Jim Hawkins
seconded the motion which carried 7-0.
SHOW CAUSE HEARING - OASIS BOTTLE SHOP:
John Patterson stated that on December 20, 1990, the package license for
Oasis Bottle Shop, John G. Gulla, agent was suspended by the Mayor for
unlawful deliveries and failure to purchase from properly licensed
wholesalers violations of State and local statues. On December 17, 1990,
Captain David Farmer observed Mr. Gulla removing several cases of liquor from
his car at the bottle shop and the charges made. A temporary restraining
order was filed December 21st and they were allowed to open pending a show
cause hearing to determine if their license should be suspended or revoked.
This hearing has been postponed several times pending final disposition in
State Court and a hearing with the Alcohol-Tobacco-Firearms division of the
State.
....
Mr. Gulla was sworn in with his attorney, Ernest Brookins, Captain David
Farmer and Finance Director Emory McHJ.gh.
Mr. Brookins said they did not deny the charge and would like to enter a plea
of guilty for transporting some 10 cases of liquor illegally into the City
for the purpose of not paying city excise tax and not purchasing from a
properly licensed wholesaler.
Jim
due
as
he
that
been
then
for
and
for
Hawkins said the question tonight is the amount of restitution that is
the City and our Finance Direc-tor has been asked to reconstruct as best
he could to provide a fair and equitable amount due the City. Mr. McHugh
used total annual sales from two other similar establishments and during
time period, itemized the wholesale tax reports to see what taxes had
paid and compared those to the taxes paid by Oasis. A ratio analysis was
applied to determine that Oasis had underpaid by some $2,100 per year,
1989 and 1990. Mr. Gulla has actually owned the store for 3 1/2 years
Mr. McHugh said he felt it wou~_d be fair to use that same dollar amount
each year.
Mr. Gulla stated his family also owns a liquor store in Decatur and they were
just buying in large quantities to take advantage of the price savings. The
liquor was swapped evenly money-wise between the two stores. Mr. Gulla said
the state Alcohol-Tobacco-Firearms division has already fined him $600 and he
was also fined $500 in Cobb County state Court. Mr. Gulla said he did not
intend to cheat the City and did not think he had because everything was done
on an even swap.
....
Captain David Farmer said he had observed Mr. Gulla removing the liquor from
his car on one occasion but from information he had received, knew that he
had been transporting liquor between the two stores for quite some time.
Captain Farmer said he also had proof from one of the distributors that much
of the liquor stocked in the store was not purchased through them.
Following lengthy discussion, Jim Hawkins made a motion that Mr. Gulla pay
restitution in the amount of $7,700, based on the information provided by the
Finance Director, and also impose a fine of $1,000. Bill Scoggins seconded
the motion. John Steely said he agreed with the fine and part of the
restitution but felt we had no real proof as to the length of time it has
been going on. Jim Hawkins said the restitution amount would cover the entire
length of time since Mr. Gulla purchased the store in 1987.
May 6, 1991 meeting - continued
Wade Lnenicka said he also was not sure of the time period and therefore,
felt that rather than multiply $2200 by 3 1/2 years, felt that $2200 by 3
years would be a more appropriate number. Mr. Lnenicka amended the motion to
change the restitution amount to be $6600, for a 3 year period with a $1,000
fine. John Steely seconded the amendment. Vote on the amendment failed 2-5
with Bob Davis, Bill Scoggins, Kathy Jordan, Jack Shinall and Jim Hawkins
opposed. Vote on the main motion failed 3-4 with Wade Lnenicka, Bob Davis,
John Steely and Jack Shinall opposed.
Wade Lnenicka made a motion the restitution amount be set at $7,000 with a
$1,000 fine with a subsequent motion to address the issue of suspension of
the license and payment period. John Steely seconded the motion for
discussion and questioned the fine being assessed before the issue of license
suspension. Mr. Lnenicka said he was considering that the license would be
suspended for a period of time, or until payment to the city of the
restitution plus the fine is made, at which time the license would be
reinstated. After discussion, the motion and second were withdrawn to be
restated.
....,
After further discussion, Jim Hawkins made a motion that Oasis Bottle Shop
pay restitution to the City in the amount of $7,700 and a fine of $1,000 to
be paid by 5:00 p.m. this Friday; if not, the license will be suspended for
30 days or until such time as the fine and restitution are paid. Bill
Scoggins seconded the motion which carried 6-1 with Jack Shinall opposed.
COUNCIL INPUT: Wade Lnenicka gave a brief Library report and stated the
drainage improvement projects are still being delayed because of the rain.
Also, Mr. Lnenicka said he enjoyed the Jonquil Festival activities and
thought it was a big success.
Sherry Reavis reported on the Jonquil Festival and gave other reports from
the Parks Department.
Kathy Barton also gave a report on the parade and other Community Relations
activities.
Jim Hawkins stated Cobb County mailed the new tax assessments last week and
many homes in Smyrna were included in the re-assessment. That will have some
impact on our new budget but we do not know the total amount of the
re-assessments. We have asked the Finance Department to provide a complete
listing of all those homes that were re-assessed so that we will have a
better idea of the impact it will have on our tax revenues so that we might
hopefully have a millage rollback. It also appears that we are close to
balancing the FY92 budget with no tax increase.
....,
Jack Shinall asked for a Public Works Committee meeting Monday at 6:30 p.m.
and asked for a proposed contract for solid waste disposal, an ordinance
governing operation of transfer stations and proposed business license fees
for that operation.
John Steely
Parkway that
knowledge and
on our system.
said
have
we
he recently had received complaints about 3 homes on Early
been transferred to Cobb County water billing without our
should know by the end of the week if we can get them back
With no further business, meeting adjourned at 9:27 p.m.
/~~
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