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August 7/10, 1989 Council Meeting August 7, 1989 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 7, 1989 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 Attorney Charles E. Camp, City Clerk Melinda Dameron, Assistant Fire Chief Hubert Cochran, Personnel Director Jane Sargent, Police Captain Ted Kirby, Acting Police Chief Kent Sims, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Librarian Laurel Best, Communications Director Steve Ciaccio, Community Development Director Mike Hutchinson, Community Relations Director Kathie Barton and representatives of the press. ... Invocation was given by Reverend Ron McCaskill, pastor of Olive Springs Baptist Church followed by the pledge to the flag. Kathie Barton presented the Jonquility Award plaque to Don Lillie, owner of Lillie Glassblowers. Mayor Bacon recognized David Lewallen who is from England, visiting relatives in Smyrna and welcomed him. John Steely said that Jerry Hughes is not here tonight and hopefully he would be present for the next meeting for a recognition award as the outgoing member from the Parks Commission from Ward 7. PUBLIC HEARINGS: (A) Variance - front setback at 2625 Highlands Avenue John Patterson stated Joseph T. Price is requesting a variance to reduce the front yard setback from 40 to 27 feet to allow an 800 square foot addition to his home at 2625 Highlands Avenue. There was no opposition. ... Mr. Price said the existing detached garage is only 2 feet from the property line and this building would be removed when the addition is completed. The addition will be 25 feet further away from the street and will greatly improve the appearance of the property. Mr. Price said his son and family live in the house which now contains 700 square feet with 4 rooms. Bill Scoggins made a motion the variance be approved per the plat presented. Bob Davis seconded the motion which carried 7-0. Jim Hawkins said there was a group here tonight having an interest in the request for a privilege license for South Cobb Amoco, 3402 South Cobb Drive. The applicant has submitted a letter requesting a continuance. Jim Hawkins made a motion the hearing be continued to August 21st. Bill Scoggins seconded the motion which carried 7-0. (B) Variance - allow two buildings per lot, 2671 South Cobb Drive. John Patterson stated requesting a variance building per lot. There that Guy E. Davis of G.C.D., Inc. (Speedee Lube) is from Section 507 of the code addressing one principal was no opposition. ... Mr. Davis said his business was not generating enough income to pay the large debt service and Paul Lee, with Paul Lee Engineering Consultants wants to buy his land and building and lease the Speedee Lube building back to him. Mr. Lee would then construct a new office building on the back portion of the property for his business, with some additional space available for lease. Mr. Davis said his business only utilized 40% of the lot and the new building could be constructed to meet all setbacks and other ordinance requirements. The existing curb cut and entrance to the property will be utilized by both developments. Mr. Lee said the Speedee Lube is using .60 acres now and there is .80 acres remaining but the lot cannot be subdivided because the back lot would not have road frontage and a variance would still be required. Mr. Davis said there is an existing drainage problem on the back of the lot and Mr. Lee will build a retention pond along with his development to alleviate the problem and also help with drainage to the homes to the rear. After further discussion Kathy Jordan made a motion a variance be granted to allow two buildings per lot at 2671 South Cobb Drive, with a stipulation that construction begin within one year. John Steely seconded the motion which carried 7-0. August 7, 1989 meeting - continued (C) Variance - front setback at 4160 Ridgehurst Drive John Patterson stated requesting a variance construction in Vinings that Mr. Bob Swilley of Jack D. Fowler & Associates is from 35 to 31.9 feet on the front setback for new Glen Subdivision. There was no opposition. Mr. Swilley said this is a corner lot and they tried several different plans before finding one that would fit on the lot and meet setback requirements. They made an error when they laid the lot out and the encroachment was not discovered until after the foundation had been poured. There are no houses to either side and Mr. Swilley said there was no impediment to the sight distance on the street. Following discussion, Wade Lnenicka made a motion the variance be approved to ... reduce the front setback to 31.9 feet as requested. Bill Scoggins seconded the motion which carried 7-0. (D) Sign variance for Exxon, Spring Road & Atlanta Road. Wade Lnenicka said Mr. Aycock was to have submitted additional information about the variance including plats but the information did not reach council in time to act on the variance tonight. Wade Lnenicka made a motion the variance be postponed to the August 21st meeting. John Steely seconded the motion which carried 6-1, with Jack Shinall opposed. FORMAL BUSINESS: (A) Open bids Center playground equipment for Tolleson Park & Church Street Bids were opened, read and recorded as follows: Leisure Lines Hunter Knepshield Redwood Designs Gametime Landscape Structures Norvel Hasley $23,369.00 $22,895.62 $15,900.00 $26,518.00 $26,058.00 $20,085.00 ... Bill Scoggins made for consideration at the next meeting. a motion the bids be turned over to the Parks Committee of the low bid, to otherwise be returned to full council Jim Hawkins seconded the motion which carried 7-0. (B) Open bids - 72" front deck mower Bids were opened, read and recorded as follows: Coxwell Tractor Blaylock Equipment Turf Care Marietta Sentry $10,967.40 $12,800.00 $ 9,945.00 $ 9,812.00 Bill Scoggins made a motion the bids be turned over to the Parks Committee for consideration of the low bid, to otherwise be returned to full council at the next meeting. Jim Hawkins seconded the motion which carried 7-0. (C) Open bids - Holland loader with attachments Bids were opened, read and recorded as follows: Franklin Ford Tractor Cobb County Tractor Ponce DeLeon Tractor $15,023.00 $19,670.00 $20,938.00 ....., Bill for the Scoggins made consideration of next meeting. Jim a motion the bids be turned over to the Parks Committee the low bid, to otherwise be returned to full council at Hawkins seconded the motion which carried 7-0. (D) Open bids - insulated pool blanket system Bids were opened, read and recorded as follows: August 7, 1989 meeting - continued Duffield & Associates Aquatherm, Inc. $17,195.00 $11 ,220.00 $12,204.00 - alternate #1 $12,784.00 - alternate #2 Bill Scoggins made a motion the bids be turned over to the Parks Committee for consideration of the low bid, to otherwise be returned to full council at the next meeting. Jim Hawkins seconded the motion which carried 7-0. (E) Open bids - long bed pickup Bids were opened, read and recorded as follows: ... Neal Pope Ford Beaudry Ford Wade Ford $11,917 .00 $11,336.00 $11 ,800.00 Jack Shinall made a motion the bids be turned over to the Public Works Committee with authority to act on the low bid only. Jim Hawkins seconded the motion which carried 7-0. (F) Open bids - Pow-R-Mole Bids were opened, read and recorded as follows: Mid-West Pow-R-Mole Dixie Pow-R-Mole Pow-R-Mole Sales & Svc. $13,136.36 $11,558.95 $11 ,860.72 Jack Shinall made a motion the bids be turned over to the Public Works Committee with authority to award the low bid only. Kathy Jordan seconded the motion which carried 7-0. (G) Open bids - refuse compaction units Bids were opened, read and recorded as follows: ... Municipal Equipment Sales $65,446.00 - Pack-More RTD5/Ford LST8000 $67,137.00 - Ford LT9000 truck $56,785.00 - Chevrolet 007E064 truck Consolidated Disposal $28,356.72 - Dempster 25 yd. Load King $64,000.00 - Chevrolet chassis $69,000.00 - 1990 International chassis $69,813.72 - 1990 Ford chassis $80,362.72 - 1990 Mack $26,910.00 - Leach 2R2 body $62,635.00 - 1990 Chevrolet chassis $67,790.00 - 1990 International chassis $68,367.00 - 1990 Ford chassis $78,917.00 - 1990 Mack chassis $25,755.00 - Leach rear loading body $61,480.00 - 1990 Chevrolet chassis $66,635.00 - 1990 International chassis $67,212.00 - 1990 Ford chassis $77,762.00 - 1990 Mack chassis Sanco Corporation $65,238.16 - 1990 Ford $70,624.32 - Option #1 $64,811.76 - 1990 Chevrolet .. Mayo Company $56,654.00 - body $62,390.00 - LNT8000 Ford $64,000.00 - LNT8000 Ford $25,338.00 - 1990 Galion Easy-Pack GL370-25 $41,907.00 - 1990 Ford LNT8000 $25,338.00 - body only $44,386.33 - truck only $61,509.00 - GMC truck Refuse Systems Company $67,855.00 - Load Master/1990 Ford $65,725.00 - Load Master/8000 Ford 1990 $67,130.00 - LN125D/8000 Ford 1990 $64,000.00 - LN125D/LNT8000 Ford August 7, 1989 meeting - continued Fouts Brothers $63,352.72 Jack Shinall made a motion the bids be turned over to the Public Works Committee for a recommendation back for award at the next council meeting. Bob Davis seconded the motion which carried 7-0. (H) Appointment of Clean City Committee Chairman Jim Hawkins made a motion that Frank Adams be appointed Chairman of the Clean City Committee, replacing Wit Carson. John Steely seconded the motion which carried 7-0. (I) Appointment of Parks and Recreation Committee member - Ward 7 ....,,; John Steely made a Recreation Committee which carried 7-0. motion that representing John Pepper be appointed to the Parks and Ward 7. Jim Hawkins seconded the motion (J) Approval to hire civilian detention officers. John Patterson said by hiring civilian available to train City about $4,000 Committee. there are economical and managerial benefits to the City detention jailers. A certification program is now these people who will serve as jailers, and will save the per position. This change has been approved by the Police John Steely said we will be taking 5 uniformed officers that are now being used as jailers and will be putting them back on the road. Not only will the change result in a savings to the City, but it will be putting more officers on the street which is the primary concern. John Steely made a motion the Police Department be authorized to hire five civilian detention officers at a pay range of $11,017. Kathy Jordan seconded the motion which carried 7-0. (K) Amendments to FY89 budget John Patterson said the FY89 budget needs to be amended to correctly reflect the revenues and expenditures in the General Fund for the prior fiscal year. ..." Jim Hawkins said this should be the last adjustment to the 1989 budget, to cover for the unbudgeted increase in sanitation user fees that we did not anticipate. We are taking monies from other funds where we collected more than anticipated to cover the shortfall in sanitation. Jim Hawkins made a motion the adjustments to the FY89 budget be approved as submitted. Wade Lnenicka seconded the motion which carried 7-0. (L) Approval of retiree health insurance coverage. John Patterson said this plan would provide retiree health insurance coverage for those employees from 55 to 65 years of age; primarily those that have sought early retirement including police and firemen who are retiring at age 55. With this plan, the City will pay the employee cost only, with the employee paying the dependent coverage. Jim Hawkins said this plan has been pending before the Finance & Administration committee for approximately the last year before proposing adoption. This plan will expire at age 65 and will cover only those between the ages of 55 and 65 who have at least 10 years service with the City. The City will cover their premium after retirement, minus any dependent coverage premium. Jim Hawkins made a motion the retiree health insurance plan be adopted as submitted. Jack Shinall seconded the motion which carried 7-0. (M) Approval to increase water service charge fees ..... John Patterson inadequate and which is usually said for for the $15 service charge that reason was proposing non-payment of accounts. for cut-off and cut-ons is a fee of $25 for this service Jim $25 Bill Hawkins in the Scoggins made a motion the service charge fees be increased from $15 to Water Department to adequately cover the cost of this service. seconded the motion which carried 7-0. (N) Permission to work Saturday's - O.W.F. Investments August 7, 1989 meeting - continued John Patterson said that O.W.F. Investments has requested approval to work Saturdays in Vinings Glen Subdivision. Wade Lnenicka said that Eubanks Construction is also requesting permission to work Saturdays in the Vinings Glen Subdivision because of the inordinate amount of rain we have had this summer and he would like to expand his motion to include all contractors working in this subdivision. Mr. Lnenicka said he had also talked with Bob Thornton today and he is in the same situation because of the weather conditions. Wade Lnenicka made a motion that all builders in the Vinings Glen Subdivision, all phases, be granted permission to work Saturdays from 9:00 a.m. to 4:00 p.m. only, during the months of August and September. ... (0) Approval Subdivision. to work Saturdays, Perimeter Communities, Summerplace John Steely made a in the Summerplace a.m. to 4:00 p.m. Lnenicka seconded the motion that Subdivision during the motion which approval be granted to work Saturdays months of August carried 7-0. to Perimeter Communities during the hours of 9:00 and September only. Wade BID AWARDS: Jack Shinall made a motion the bids for water meters be awarded to Southern Meter for the 3/4" to 6" meters based on their proven service and quality, with the 8" to 10" meters being awarded to Davis Meter & Supply being the low bidder for the larger size meters. Kathy Jordan seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Joe N. Guy Co. requested a Duilding permit for new construction of Ruby Tuesday's Restaurant at 3197 South Cobb Drive at a total estimated cost of $500,000. Jim Hawkins made a motion the permit be approved. Bill Scoggins seconded the motion which carried 7-0. CONSENT AGENDA: ... (A) Approval to request bids - lights for Tolleson basketball court (B) Approval to request bids - upgrade for central computer (C) Approval of minutes - 7/10/89 and 7/17/89 (D) Approval to purchase property: Fuller Street - 2714, 2702 Powder Springs Street - 1263 Atlanta Road - 2784,2732,2730,2728 Bank Street - 1241, 1283 (E) Approval to request bids: Brake lathe, Backhoe, Jet Vac, Trailer Sign, Shoring Jim Hawkins made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 7-0. SHOW CAUSE HEARINGS: John Patterson said that in conjunction with a program originated by Cobb County District Attorney Pat Head, the City began a solicitation of businesses selling alcoholic beverages. On the first night, 73% of the businesses approached sold to an underaged person. Since the program began there have been a total of 13 establishments that have sold to a person under 21. The licenses have been suspended by the Mayor and the hearings tonight are to either affirm or reverse the suspension. ... Fitzgeralds Food Store, 2096 Atlanta Road Janice Ferguson, license holder at this location and her business partner Paul Thomaszewski were sworn in along with Captain Ted Kirby of the Smyrna Police Department. Captain Kirby said on the evening of July 21, 1989, they sent a 19 year old white male into Fitzgeralds where he purchased a 6-pack of Budweiser beer. The clerk who made the sale, Willina M. Vaughn, later stated that she mis-read the date of birth on the drivers license after requesting to see it. Captain said the sale was witnessed by himself and Sergeant Joe Marks and the clerk was advised that she had just sold to an under aged person and that a State warrant would be issued. August 7, 1989 meeting - continued During her testimony, Ms. Ferguson said she did not deny the clerk had made the sale but felt it was the result of an honest mistake on her part. After hearing all testimony, Jim Hawkins made a motion the Mayors suspension be upheld, with the total suspension to be 30 days counted from the first day the license was pulled. Further that the license be placed on one year's probation with any further violations resulting in permanent revocation. Affidavits must also be furnished to the City signed by both the license holder and all employees stating they fully understand all local, county and state ordinances. Kathy Jordan seconded the motion which carried 7-0. One stop Package, 1055 Windy Hill Road Mr. Ali Tobari, Clerk/Owner and the license holder Jacqueline Davis were sworn in by Attorney Camp. Captain Kirby said on the evening of August 21, 1989, the underaged 19 year old male purchased a liter bottle of Jack Daniels ... whiskey from Mr. Tobari, without being asked for identification. The sale was witnessed by Captain Kirby and Sergeant Joe Marks. Mr. Tobari was advised that he had made a sale to an underaged person and that a state warrant would be issued the following day. After hearing all testimony, Jim Hawkins made a motion the Mayors suspension be upheld, with the total suspension to be 45 days counted from the first day the license was pulled. Further, that the licensee be placed on one year's probation with any further violations resulting in permanent revocation. Affidavits must also be furnished to the City signed by both the license holder and all employees stating they fully understand all local, county and state ordinances. Jack Shinall seconded the motion which carried 7-0. Tenneco #10609, 902 Windy Hill Road Mr. Jim Havelich, area supervisor for Tenneco, Robert Cyrus Walburn, license holder and Juanita Dalton, store manager were sworn in by Attorney Camp. Attorney Wes Baxter represented Tenneco. Captain Kirby said on the evening of July 21, 1989, Patrician Dianne Edwards, clerk in the Tenneco store sold a 6-pack of 12 ounce Budweiser to the 19 year old male without asking for identification. The sale was witnessed by Captain Kirby and Sergeant Joe Marks who later informed the clerk she had just sold to an under aged person and that a State warrant would be issued the following day. Mr. Baxter said they did not deny that the clerk made the sale but she has ... been fired, as is their store policy. After hearing all testimony, Jim Hawkins made a motion the Mayor's suspension be upheld, with the total suspension to be 30 days counted from the first day the license was pulled. Further, that the license be placed on one year's probation with any further violations resulting in permanent revocation. Affidavits must also be furnished to the City signed by both the license holder and all employees stating they fully understand all local, county and state ordinances. Bill Scoggins seconded the motion which carried 7-0. Cupboard Groceries, 2517 Spring Road Ruben Gardner McMullen, owner/licensee and Deborah Lathem, co-owner, were sworn in by attorney Camp. Captain Kirby said that on the evening of July 25, 1989, their 19 year white male purchased a 6-pack of 16 ounce Budweiser from the cashier, Cynthia Ann Bush, without being asked for identification. After the sale was witnessed by Captain Kirby and Detective H. F. Cambron, Ms. Bush was advised that she had just sold beer to an underaged person and that a State warrant would be issued the following day. Mr. McMullen said he did not dispute the sale and they have terminated the clerk since that time. Jim Hawkins said he had an affidavit stating that Cupboard Groceries had been charged and convicted for sales to a minor in 1987. Jim Hawkins said the police report charged Gregory Lynn Brookins with sale of alcohol to a minor on April 26, 1987. Ms. Lathem said he was convicted for sales to a minor and the police department had called her at home when the violation occurred. After hearing further evidence and testimony, Jim Hawkins made a motion the Mayor's suspension be upheld for 90 days since this is a second violation with the suspension being counted from the date the license was first pulled. Further, that the license be placed on one year probation with any further violations resulting in permanent revocation. Affidavits must also be furnished by the licensee and all employees of the store stating they fully understand all local, county and state ordinances. Jack Shinall seconded the motion which carried 6-1, with Bob Davis opposed. ....., August 7, 1989 meeting - continued Wayne's Package store, 1184 Concord Road Owner/operator/licensee Wayne Rozelle was sworn in by Attorney Camp. Captain Kirby said on July 25, 1989, the 19 year old male buyer was sent in to Wayne's Package store where he purchased a 750 milliliter of Jack Daniel's whiskey from the owner, Wayne Rozelle without being asked for identification. After the sale was witnessed by Captain Kirby and Detective H. F. Cambron, Mr. Rozelle was advised that he had just sold to an underaged person and that a state warrant would be issued the following day. Mr. Rozelle did not deny the charge and after hearing all testimony, Jim Hawkins made a motion the Mayor's suspension be upheld with the total suspension being 45 days counted from the first day the license was pulled. Further that the license be placed on one year probation with any further ... violations resulting in permanent revocation. Mr. Rozelle is also to provide affidavits to the City stating that he, and all employees of the store, fully understand all local, city and state ordinances. Jack Shinall seconded the motion which carried 7-0. Cobb Center Amoco, 2711 South Cobb Drive Licensee Robin Kim Jackson was sworn in by Attorney Camp. Ms. Jackson was represented by Attorney Rob Flournoy. Captain Kirby said on the of July 25, 1989, their 19 year old male buyer purchased a six pack of 12 ounce Budweiser from Vonica Ferrell Smith, the clerk at Cobb Center Amoco. Captain Kirby and Detective H. F. Cambron witnessed the sale and later advised him that he had sold to an underaged person and that a State warrant would be issued the following day. Mr. Flournoy said Mr. Smith did make the sale, and has since been fired. After hearing all testimony, Jack Shinall made a motion the Mayor's suspension be upheld with the total suspension being 30 days counted from the first day the license was pulled. Further, that the license be placed on one year probation with any further violations resulting in permanent revocation. The licensee is also to provide affidavits to the City stating that he, and all employees of the store, fully understand all local, city and state ordinances. John Steely seconded the motion which carried 7-0. .... Mr. Bill's Red Dot Package Store, 3809 South Cobb Drive Owner/operator/licensee William Owens Somers was sworn in by Attorney Camp. Attorney Bart Gary represented Mr. Somers. Captain Kirby stated that on the evening of July 26, 1989, their 19 year old buyer purchased a 750 milliliter bottle of Jack Daniels whiskey at Red dot from Jeffrey B. Beck, clerk. The sale was witnessed by Captain Kirby and Wanda Baxter, a police department employee. Mr. Beck was later advised that he had just sold to an underaged person and that a state warrant would be issued the following day. Mr. Gary stated that Jeffrey B. Beck, clerk did make the sale, but was immediately terminated. After hearing all testimony, Jim Hawkins made a motion the Mayor's suspension be upheld with the total suspension being 30 days counted from the day the license was first pulled. Also, that the licensee be placed on one year probation with any further violations resulting in permanent revocation. Affidavits are also to be furnished to the City stating that the owner and all employees of the store fully understand all local, city and state ordinances. Bill Scoggins seconded the motion which carried 7-0. ... Neash Package Store, 822 Concord Road Owner/operator/licensee Brij Sidhwaney was sworn in by Attorney Camp. Captain Kirby stated that on the evening of July 26, 1989, their 19 year old purchased a 750 milliliter bottle of Jack Daniels whiskey from Mr. Sidhwaney without being asked for any identification. The sale was witnessed by Captain Kirby and police department employee Wanda Baxter. Mr. Sidhwaney was advised that he had just sold to an under aged person and that a State warrant would be issued the following day. Mr. Sidhwaney admitted that he did make the sale and after hearing all testimony, Jim Hawkins made a motion the Mayor's suspension be upheld with a total suspension of 45 days being counted from the first day the license was pulled. Also, that the license be placed on one year probation with any further violations resulting in permanent revocation. Affidavits are also to be furnished to the City stating that the owner and all employees of the store fully understand all local, city and state ordinances. Jack Shinall seconded the motion which carried 7-0. August 7, 1989 meeting - continued sterling Package store, 1669 Spring Road Licensee John Michael Upchurch, clerk Brent Lee Epperson, Jim Wassell and David Groff were sworn by Attorney Camp. Attorney Alton Curtis represented Sterling Package. Captain Kirby stated that on the evening of July 26, 1989, their 19 year old male purchased a 500 milliliter bottle of Jack Daniels whiskey from the cashier/clerk, Brent Lee Epperson without being asked for identification. The sale was witnessed by Captain Kirby and Wanda Baxter who later informed Mr. Epperson that he had just sold to an underaged person and that a state warrant would be issued the following day. Mr. Curtis stated they objected to the proceedings which violate the due process provisions of the United states and state of Georgia Constitution. They also objected to the fact that the state's witness, the person who made the purchase, was not present. After further discussion Wade Lnenicka made a ... motion this hearing be suspended for approximately 30 minutes to have the witness brought in. Bob Davis seconded the motion which carried 7-0. Shell-Best Food Mart, 2875 South Cobb Drive Sharif Dhanani, manager of Shell-Best Food Mart was sworn in by Attorney Camp. Captain Kirby stated that on July 27, 1989 they sent a different buyer into the Shell store, an 18 year old white male. Candy Ellen Cowart, clerk and cashier sold a 12 pack of 12 ounce Budweiser to the buyer after asking for and checking his drivers license. After checking the identification she stated "you look a little young, I will do it this time but don't tell anybody." The sale was observed by Captain Kirby who later advised Ms. Cowart that she had just sold to an 18 year old and that a State warrant would be issued the following day. Mr. Dhanani was also called at that time and advised of the incident. Shell-Best was represented by Attorney Barry Karp who stated that the licensee, Robert Dwayne Rogers was unable to be here tonight but Mr. Dhanani is his cousin and store manager and is representing him. Following lengthy discussion, Jack Shinall made a motion this hearing be continued to the August 21, 1989 meeting until the licensee could be present. During that time, the license will remain in suspension. Jim Hawkins seconded the motion which carried 7-0. Mayor Bacon called for a 5 minute recess. -- Sterling Package Store - continuation of hearing Attorney Camp told Mr. Curtis the witness was now present in another room if he wished to question him. Mr. Curtis said they were entering a plea of nolo contendere and while they do not doubt the sale they do question the constitutionality of the statute. After hearing all testimony, Jim Hawkins made a motion the Mayor's suspension be upheld with the total suspension period being 30 days counted from the first day the license was pulled. Further, that the license be placed on one year probation with any further violations resulting in permanent revocation. Affidavits are also to be provided to the City from the licensee and employees of the store, stating they fully understand all local, city and state ordinances. Bob Davis seconded the motion. Mr. Lnenicka said he would like to consider something less than 30 days due to the special circumstances since the clerk was involved in trying to clean a spill from a broken bottle causing a potential safety hazard from the broken glass on the floor. Vote on the motion carried 6-1 with Wade Lnenicka opposed. Zesty Food, 5055 Oakdale Road Owner/licensee Bimesh Marvasty was sworn in by Attorney Camp. Captain Ki'rby said that on the evening of July 28, 1989, their 19 year old buyer purchased a six pack of 12 ounce Budweiser from Mr. Marvasty at Zesty Food without being asked for identification. The sale was witnessed by Captain Kirby who later informed Mr. Marvasty that he had sold to an underaged person and that a State warrant would be issued the following day. ... Mr. Marvasty did not deny making the sale and after hearing all testimony, Jim Hawkins made a motion the Mayor's suspension be upheld with the total suspension being 45 days counted from the first day the license was pulled. Also that the license be placed on one year probation with any further violations resulting in permanent revocation. The owner and all employees are also to furnish affidavits stating that they fully understand all local, city and state ordinances. John Steely seconded the motion which carried 7-0. August 7, 1989 meeting - continued A&P Food store, 2142 Atlanta Road License holder Wallace Howard Perkins was sworn in by Attorney Camp. Captain Kirby said on August 3, 1989 their 19 and 18 tear old buyers purchased a six pack of Budweiser beer from the clerk at A&P, whose name was Doug Smith. The clerk did check for identification but while he was looking at at, told the two buyers that the only reason he was checking was because the store security guard was watching. Attorney Russell Walden represented A&P and said the clerk was not present tonight and has been suspended as a preliminary move toward termination. After hearing all testimony Jim Hawkins made a motion the Mayor's suspension be upheld with the total suspension being 30 days, counted from the first day the license was pulled. Also, that the license be placed on one year ... probation with any further violations resulting in permanent revocation. The licensee and employees of the store are also to provide affidavits stating they fully understand all city, local and state ordinances. Bill Scoggins seconded the motion which carried 7-0. Copperfield's, 3266 South Cobb Drive Mayor Bacon said that Attorney Chuck Clay representing John Willis Rhodes, the licensee for Copperfield's had requested a continuation of their hearing to the August 21, 1989 meeting. On the evening of August 3, 1989, Gail Lee Murray, a waitress at Copperfield's sold a Budweiser beer and mixed drink to the 18 and 19 year old buyers without asking for identification. Kathy Jordan made a motion the hearing be continued to August 21, 1989. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka reported on library activities and said we are conducting a traffic study on Campbell and Ridge Road to determine the traffic count. Jim Hawkins commended Captain Kirby and the Police Department for doing such a good job and also felt they should recognize the businesses in Smyrna that were checked but did not sell to minors. Mayor Bacon read a letter from a Powder Springs resident commending the City of Smyrna for taking part in the sting operation. Mayor Bacon said we will ... continue in this operation until it stops and felt part of the problem was from having too many package stores in the store, making it highly competitive. With no further business, meeting adjourned at 12:48 a.m. ~ - A. MAX BACON, MAYOR .~..-"" ... August 10, 1989 A special called Smyrna City Hall. presiding officer present was City Camp. meeting of Mayor and Council was held August 10, 1989 at The meeting was called to order at 6:30 o'clock p.m. by Mayor A. Max Bacon. All council members were present. Also Administrator John Patterson and City Attorney Charles E. Mayor Bacon stated the purpose of this meeting was to conduct the show cause hearing for Copperfield's which was continued at the August 7th meeting. Representatives from from Copperfield's were sworn in by Attorney Camp. August 10, 1989 meeting - continued Acting Police Chief Kent Sims stated that on August 3, 1989, Gail Lee Murray, a waitress at Copperfield's sold alcoholic beverages to the 18 and 19 year old buyers. The sale was witnessed by Captain Ted Kirby and Wanda Baxter, a police department employee. Captain Kirby spoke with Dick Rubado, the manager on duty and advised him of the sale and also advised the waitress that she had sold to two underaged persons and that a State warrant would be issued the following day. Randy Rogers represented Copperfield's and Gary Evans, owner and said Ms. Murray has been fired, as is their policy at Copperfield's. License holder John Willis Rhodes was not present and Mr. Rogers was advised that Mr. Rhodes was the person responsible for the license and should be present before proceeding. -- Jim Hawkins said that this morning, Sterling Package Store asked for a temporary restraining order to allow them to open following their suspension on August 7th. Judge Harris Hines ruled that council has the authority only to overturn the Mayor's decision or uphold it. If the decision is overturned, the license is re-instated. However if they uphold the decision the license is permanently revoked. Since this was pointed out, Mr. Hawkins said he felt that perhaps council had acted out of the bounds of their own ordinance by suspending licenses at the August 7th meeting. According to Judge Hines, the only action they could take was to re-instate or permanently revoke and he felt permanent revocation in these cases was far too severe. Jim Hawkins made a motion the Mayor's suspension of all the license that were heard thus far be overturned and that the licenses be re-instated effective at 12:01 a.m., August 11, 1989. Bill Scoggins seconded the motion. Jack Shinall said the motion was out of order and did not conform with the agenda for this evening, which was only to hear the Copperfield's case. Following discussion, Jim Hawkins said the motion would include Copperfield's, as well as the Shell license that was continued to the August 21st meeting. After further discussion the motion was withdrawn and Jim Hawkins made a motion the rules be suspended to allow a motion to consider an item not on the agenda. John Steely seconded the motion which carried 6-1, with Jack Shinall opposed. Jim Hawkins made a motion that the Mayor's suspension of the alcoholic ... beverage licenses be overturned for Fitzgeralds, One stop Package, Tenneco #10609, Cupboard Groceries, Wayne's Package, Cobb Center Amoco, Mr. Bill's Red Dot Package, Neash Package, Sterling Package, Shell-Best Food Mart, Zesty Food, Copperfield's, and A&P. Bill Scoggins seconded the motion. Jack Shinall said he would not support the motion because he felt that of these licenses, there may be some cases where they should consider permanent revocation, where the owners or clerks knowingly sold to someone under 21 or if it was a second offense. Vote on the motion carried 6-1, with Jack Shinall opposed. Jim Hawkins made a motion the rules be suspended to consider an item not on the agenda. Bill Scoggins seconded the motion which carried 7-0. Jim Hawkins then made a motion the City Attorney be authorized to re-write the section of the alcoholic beverage ordinance dealing with suspension and revocations of licenses, giving council more latitude, with more detailed procedures to be followed. Jack Shinall also asked that the motion include that it provide for instructional programs to employees regarding sales to minors under the State, county and Federal codes with proof to be kept on city premises for review. Mr. Camp said he was not sure if we could legally require instructional programs as such, that it may be unconstitutional. Wade Lnenicka seconded the motion which carried 7-0. With no further business, .~ A. MAX BACON, MAYOR meeting adjourned at 7:53 p.m. --- .....