MINUTES OF MAYOR & CITY COUNCIL MEETING
CITY OF KENNESAW
Council Chambers
Monday, April 2, 2012
6:30 p.m.
Mayor Mathews opened the meeting at 6:30 p.m.
Present:
Mayor Mark Mathews
Mayor Pro Tem Cris WelshCouncilmember Bruce Jenkins
Councilmember Killingsworth
City Clerk Debra Taylor
City Manager Steve Kennedy
City Attorney Randall Bentley
Absent:
Councilmember Bill Thrash
Councilmember Jeff Duckett(The below is an extract from the original 20 pages and runs from page 5 to page 19 and pretains to the Cruchelow issue, the City site containing the entire minutes of meeting can be found at: http://www.kennesaw-ga.gov/form-center/category/58-2012 )
B. This hearing is to determine the continued status of the Business and Pawn
Licenses for Cruchelow Jewelry and Loan, LLC, 2953 N. Cobb Parkway,
Kennesaw. Research and data gathering has revealed that the applicant is in
violation of State Law O.C.G.A Section 44-12-138(a)(1) which states in part that:
"A pawnbroker shall not use the term "Loan" in any advertisements or in
connection with any advertising of the business of the pawnbroker; provided,
however, that the provisions of this sentence shall not apply to a pawnbroker in
business on March 1, 1992, which uses the term "Loan" in connection with the
name of the business or with advertising of the business." The Mayor and
Council will conduct the hearing, consider any and all evidence that is put forth
and may then render a decision regarding the continued operation of this
business as a Pawn Shop.
Mayor Mathews: This is a hearing to consider the business license of Cruchelow
Jewelry and Loan.
Councilmember Killingsworth: Mr. Mayor I’m requesting we go into Executive Session
for legal.
Attorney Bentley: In order to back that up Mayor, we have a letter from the attorney, Mr.
Michael Pryor who is here and in that letter he has memorialized the fact that he is
concerned as it relates to the Constitutional privileges that are being violated, is what he
states. And so obviously we will go into Executive Session as it relates to it to discuss.
Mayor Mathews: I’d just as soon go in for legal, but I’m curious to know what
Constitutional right they think is being violated. Can somebody read us in?
Motion by Councilmember Welsh to enter into Executive Session as allowed by
O.C.G.A. Sec. 50-14-3 for the purpose of discussing legal, seconded by
Councilmember Killingsworth. Vote taken, approved 3-0. AYES: Councilmembers
Welsh, Jenkins, Killingsworth. ABSENT: Councilmembers Duckett, Thrash. Motion
carried.
7:01 PM Recess
Mayor, Council, City Manager, City Clerk and City Attorney attended Executive Session.
7:30 PM Reconvened
Councilmember Welsh read the Board back into Open Session and directed the Mayor
to execute an affidavit in compliance with O.C.G.A. Sec. 50-14-4, motion seconded by
Councilmember Killingsworth. Vote taken, approved 3-0. AYES: Councilmembers
Welsh, Jenkins, Killingsworth. ABSENT: Councilmembers Duckett, Thrash. Motion
carried.
Mayor Mathews: I want to thank Mr. Pryor and Mr. Cruchelow for being here tonight.
Thank you for being here tonight and as I said at the town hall meeting that we had, we
want to make sure everything is done in a proper format and make sure that we have a
good, strong legal ground on anything that we do. Uh, and as a result of that we have
received some additional legal information that didn’t come to a head until late Friday
evening from the City Attorney’s office. And, but again, we are posted for a hearing to
be held before the Mayor and Council. And just so that everybody understands, this is
a hearing between Cruchelow Jewelry and Loan and the Mayor and Council. This is not
a public hearing. This is going to be conversations and questions between the Mayor
and Council and Cruchelow’s representative or Mr. and Mrs. Cruchelow. There is public
comment at the end, right immediately following this if there is anyone who would like to
make any comment. And with that I would like to ask Mr. Bentley to go through,
continue the process.
Attorney Bentley: Thank you Mr. Mayor. Basically what we are going to do, and I have
talked to their attorney, or representative, we’re going to open the floor up from the
standpoint of allowing them to come forward Mr. Pryor, for the purpose of giving a
summation for about five minutes as well as Mr. Cruchelow, from my understanding, is
going to stand up and make himself available to questions from the Mayor and Council.
And as a result of that you’ll get a chance. I know the Council has been very interested
in being able to address questions to him. But as far as the hearing is concerned, you
and I have discussed as it relates to either continuing it or terminating the proceeding
because of the rezoning, either today or in a couple of weeks when we have our next
Council meeting. So as a result, we’ve agreed voluntarily to come forward as it relates
to him giving an opening statement. So, Mr. Pryor if you’ll come forward I certainly
would appreciate it; and if you don’t mind, if you and your client if ya’ll will stand…I’m
sorry, you don’t have to, but obviously your client would please raise your right hand.
The testimony you are about to give before the Mayor and Council be the truth, the
whole truth, nothing but the truth, so help you God.
Mr. Cruchelow: I do.
Attorney Bentley: Thank you sir.
Attorney Pryor: Mr. Bentley that is my understanding of what we talked about in terms
of the hearing.
Mayor Mathews: Would you please put that the mic up a little higher so that everybody
can hear you please. There you go. Just kind of make sure that it is pointed at you. It
usually picks up pretty good.
Attorney Pryor: How about that, is that better?
Mayor Mayor: That’s much better.
Attorney Pryor: Just to step forward so everybody can hear – that is my understanding
of how we are going to handle the hearing process and with respect to the public
comment today, I wanted to address the Council and Mayor about the situation. I know
there’s been some discussions and some comment before my involvement in this, but
as far as the Cruchelow’s go, and they are here today in good faith. They want this to
be a public and open process. They understand that people with legitimate concerns
deserve the right to be heard and they want that to go forward. But they also want to
have an opportunity to address the issues that are going to weigh on this Council and
this Mayor’s decision with respect to their business license. They want to be good
stewards in this community. Obviously, they want to sit back and they want to consider
what these folks who are here today that have concerns, they want to hear those
because they’re business people, and business people definitely want to be good
stewards to the people who are possibly their customers …for people that have
legitimate concerns, they’re here today to hear those concerns and they’re willing to
meet those folks halfway as best they can. I think that if this, if we do decide to go to a
hearing on this issue, I think what will be presented to the Council and to the Mayor is
that these folks understand they’ve got neighbors with concerns. They want those
neighbors to express those concerns, they want to try to do what they can to meet those
concerns. But with respect to them, they believe they’ve done everything they’re
supposed to do to obtain a business license. They’ve been up front with the City staff,
they’ve given the staff all the information that the staff wanted from them, they’ve gone
through the permitting process. The staff has reviewed their permits and their
application. The staff has recommended that their application be approved. We believe
that that will be the evidence that comes before this board if there is a hearing on this
issue.
Mayor Mathews: Let me stop you real quick,.if you don’t mind. The issue that we’re
talking about right now is the use of the term “loan” in their sign and in their
advertisement. That, in my mind, from our prospective, that’s the issue. That’s the only
issue we’re addressing tonight. I’ve been made aware there is a rezoning and sounds
like what you’re giving would be appropriate for the rezoning; and that would be the right
path in my opinion, for the rezoning. But for tonight, it’s really about the word “loans”
which is not allowed under State law. That’s what we’re here to talk about.
Attorney Pryor: Okay. I will concede that there is a statute under State law that talks
about “loan” with pawnbrokers. Whether or not this is the right forum to actually enforce
that, I think, is the real question. Because I’ve looked at the City’s ordinances and the
City’s ordinance doesn’t seem to incorporate that section of State law into the ordinance
and the ordinance limits the powers of the Board. I’m not saying this confrontationally,
but I think I need to point it out that it limits this body’s power to revoke somebody’s
business license to what’s in that Article and what’s in the ordinance. Obviously that
portion of State law was not incorporated into the ordinance. So, that would be a due
process issue; that would be one of the Constitutional issues that this Board would need
to consider. The other thing is, if we do have a hearing or we’re able to put on
evidence, we will put on evidence that there are other pawn shops in the City of
Kennesaw who are using the word “loan” right there with their business. It’s a part of
their signage, it’s a part of their advertising. That again is one of those Constitutional
things because you have to apply the laws equally to everybody; that would be an equal
protection issue. To the extent that we have a hearing… if y’all want to have a hearing I
understand that, but we want it to be a fair hearing and we would request that we’re
able to put on our evidence with respect to these issues. That is how I’ve addressed
that issue and that’s how we’ve talked through that issue.
Mayor Mathews: Thank you.
Attorney Pryor: I’m available to answer any questions that y’all have. If y’all want us to
address something and I don’t know the answer to that, we’ll get back with you if we
decide to put it on for a hearing on this issue.
Attorney Bentley: Mr. Pryor, you’ve already of course applied for the rezoning, as far as
the landlord has applied for those. Is that correct?
Attorney Pryor: Sure, the landlord in this case – and he’s represented by a different
attorney – has already timely made the request to amend the zoning that would allow a
pawn shop to operate on this piece of property. That application has been made, it’s
pending, it will go through the City staff, it will go through the public comment section; so
yes, that is pending.
Mayor Mathews: Any questions from up here?
Attorney Bentley: The other question is – Mr. Pryor, are you still by way of your letter,
you mention the fact that you’re willing to come into compliance as it relates to the sign.
Is that correct?
Attorney Pryor: Thank you for reminding me about that. I’ve spoken to my clients about
the State law that you talked about and they understand that State law needs to be
respected. It’s our position that this Board may not be the right body to enforce it, but if
they’re not in compliance and people have concerns of them being out of compliance
with State law, they’re going to come into compliance. I sent a letter to the Mayor, and I
know Mr. Bentley got a copy of that letter that said they are willing to take down the
signs that have the “loan” language and come into compliance with that State law to the
extent that it addresses everybody’s concern about that issue. They don’t have any
problems with that; there are no problems with doing that. That will be an expense that
they’ll incur. But Mr. Bentley’s correct – we have put forward a compromise to take the
“loan” language out of their advertising and off their sign.
Mayor Mathews: Were there any unusual requirements put in their lease for that space
that restricted use of names or words or anything like that? Are those specifically
spelled out in the lease?
Attorney Pryor: The part of the lease that addresses… there’s nothing in the lease that I
can recall after having reviewing it that basically says that. The lease definitely says
they can operate as a pawn shop and the lease was definitely contingent on them
getting a business license. So that’s what their negotiations with the landlord was; they
were up front with their landlord from day one saying this is going to be a pawn shop.
You know, that was part of the lease negotiations, so… to the extent that there was a
zoning issue, that didn’t come up in their minds. That didn’t come up until after they
have been issued the permits, after they’ve signed the leases and they had never given
any type of heads up from the landlord that there may be a problem. That’s where they
are.
Mayor Mathews: Thank you.
Councilmember Killingsworth: With that said Mr. Mayor, would it be possible to get a
copy of that lease presented to this Mayor and Council?
Attorney Pryor: I don’t have it with me tonight, but I will submit it to Mr. Bentley because
he represents the Board. I think that’s how we’d have to do it; and then Mr. Bentley, if
he sees fit, can share it with the Board.
Councilmember Killingsworth: I appreciate that.
Mayor Mathews: Any questions?
Councilmember Killingsworth: I had a couple of questions for Mr. Cruchelow, Mr.
Mayor.
Mayor Mathews: Okay, Mr. Cruchelow would you like to come up?
Mr. Pryor: While he’s on his way [to the podium] I kind of wanted to give y’all a little bit
of [inaudible]. Mr. Cruchelow is… he understands what he’s facing. He and his family
have gone out and they believe they have done everything that they can to comply with
what they’ve been asked to do. He understands that y’all have the power to take his
right to do business. So he… I don’t want to embarrass you, but you’re a little bit
nervous about this process.
Mr. Cruchelow: I’m shaking right now.
Mr. Pryor: I understand. Councilmember Killingsworth, be gentle with him, we will do
our best to answer any questions that y’all have.
Mr. Killingsworth: Mr. Cruchelow, my intent is not to make you nervous; I actually want
to clarify a couple of things. This body has heard some things and have been given
information under oath, about you personally, that I basically wanted to ask you point
blank, address a couple of things, to either identify them, or… I need to clear your
name. So, with that said, I understand that your next door neighbor and you, according
to him, had a physical confrontation, but that was never recorded. And then you had a
verbal confrontation that resulted in some disorderly conduct charges. With that said, I
wanted to ask you specifically if that happened, if that’s your testimony, under oath, that
that did happen. I know that the disorderly conduct did, but did the other happen?
Mr. Cruchelow: Yes sir.
Councilmember Killingsworth: We’ve also been informed that your next door neighbor
at the location specifically said that someone came out and you were told to take down
the words “pawn” at your business and that you got rather perturbed and put up another
sign that said “pawn” just in retaliation to do that, and that you’re walking around with
your pistol saying I can put “pawn” up anytime I want to. Is that accurate? Did that
happen?
Mr. Cruchelow: No.
Councilmember Killingsworth: Mr. Mayor, that’s the only two questions I wanted that I
wanted answered. I wanted to hear Mr. Cruchelow say yes or no to them.
Attorney Bentley: If you don’t mind Mr. Cruchelow, [inaudible] through your attorney if
you want to elaborate.
Mayor Mathews: Please make sure you talk into the mic so everyone can hear.
Mr. Cruchelow: To elaborate on the first instance that happened with me and the
neighbor. The second one involved, you know, me with the verbal that… The man
made sexual gestures towards my wife when I wasn’t home. He kicked in my back yard
door, barefoot, no shirt on, I’d just got off work and he attacked me numerous times,
and there’s photos right here, and… What am I supposed to do? He was attacking my
wife. Broke into my back yard. Broke, I mean, I’m a newly married man – what was I
supposed to do? I love my wife, and, you know… They told me I could have pressed
charged, but I didn’t because I’ve got to live next door to the man for the next 20 to 30
years. I’m not a… I’m not a public person and it seems like everyone’s putting all my
business out there and I’m just trying to open up a business, support my wife in
Kennesaw and so we bought our house here. We’ve opened up our business here. I
thought he was my friend!
Mr. Bentley: Mr. Pryor, did you want to elaborate?
Mr. Pryor: Yes, I did. Again, and we’ve got pictures here of this incident that you
referred to. This is the same neighbor that we believe is out saying things that are
attacking him personally and we believe… If y’all want to make a decision, you need to
know that because it affects his credibility. It affects his… he has a motive to tell things
that aren’t true about these folks. Here are the pictures; I’m going to submit them to the
Mayor; y’all can look for yourself and see who’s in the right and who’s in the wrong
based on these pictures. The Police Chief is here, if we have to have a hearing if we
have to do an open records request to get the police report, we can have the Police
Officer that actually came out for this instance and told him we can arrest him if you
want us to. And he stood up and said look, I’ve got to live by this guy, he’s lost his
head, let’s just give him a warning and hope that’ll be the end of it. But he kept pushing.
But we’ll go ahead and submit these so y’all can look at that, but that individual
definitely… we would have serious questions and concerns about his motive to tell the
truth. Thank you.
Mayor Mathews: Thank you.
Councilmember Killingsworth: For the record, was that Kennesaw Police Department or
was that Cobb County Police Department?
Attorney Pryor: That was Cobb County Police Department. I’d do it for him…
Councilmember Killingsworth: If it’s in Heritage Club…
Mayor Mathews: Any other questions?
Councilmember Jenkins: I do have one actually Mr. Mayor. Mr. Cruchelow, do you
have any idea right off the top of your head, just a ballpark, what are you looking at
expense-wise to change that, change that sign? I mean, just a ballpark, I’m just
curious.
Mr. Cruchelow: I think under $500. We got a quote from our sign guy who said he
would get back with us sometime this week, so…
Councilmember Jenkins: I appreciate you being here tonight. Thank you for being here
tonight.
Mr. Cruchelow: Yes sir, absolutely.
Councilmember Killingsworth: Who actually took these pictures here?
Mr. Cruchelow: My wife.
Councilmember Killingsworth: Okay. How much did it actually cost you to get into
business, roughly, ballpark?
Attorney Pryor [repeating for Mrs. Cruchelow off-mic]: She said about $40,000 before
the inventory that they got; that was just to go through the permitting process and get
the build-out – that’s what I call it, which is to get the building set up for the business.
Councilmember Killingsworth: Again Mr. Cruchelow, I just wanted you to be able to
speak because some… because everybody has been speaking for you, or about you,
and you hadn’t had the opportunity.
Attorney Pryor: Mr. Mayor, Councilmen, we appreciate the opportunity to be heard on
this. If you have any other questions or if y’all want to have a formal hearing we’ll be
glad to be here for that?
Mayor Mathews: Thank you very much. I appreciate you guys coming. As I said at the
meeting last week we’ve been put in a very bad position, just as everybody has. This
was a serious, very serious, unfortunate mistake on our part with ever approving the
business license. I understand you’re going through the processes there to address it.
As I told the residents that came out and were concerned, no matter what we do we’re
not going to make everybody happy. That’s very, very unfortunate. But again, I want to
thank you guys for coming out and being here tonight. I think that goes a long way to
talking about the type business you have and what your intentions are. But again, what
we’re left with is the big elephant in the room of the zoning issue which is being
addressed and, you know, we’ll see that next month – probably a month from now,
somewhere in that timeframe. But there will be two public hearings for that event, and
that agenda item. There will be one before the Planning Commission and one before us
before any action is taken and that will give the public plenty of opportunity to speak out
for or against the rezoning.to remove those stipulations.
Councilmember Killingsworth: Mr. Mayor, if I may, I did have one more question that I
forgot. Mr. Cruchelow, you were also accused by your neighbor of purposefully
deceiving the City of Kennesaw. Pretty much, you found a way around it, kind of stuff.
Did that occur? Did you or your wife ever do that with your neighbor?
Mr. Cruchelow: I’m not that smart to figure things like that, so no sir.
Councilmember Killingsworth: I’m sorry about that.
Attorney Pryor: Just a follow-up Mr. Killingsworth. I sent a letter to Mr. Bentley about
the “loan” issue within a day of being retained by them and it acknowledged that portion
of State law and it said to the Mayor and this Board that we’re willing to change it, being
in violation, so actually there’s been no legal loophole, there’s been none of that. So, he
has told you under oath that he hasn’t done that. And we knew that was out there;
thank you for reminding us because I meant to address that with you all.
Mayor Mathews: And on that specific topic, you know one of the things that we get
hammered home to us all the time, and it applies to everybody, that ignorance of the
law is not an excuse. Did you have legal representation when you formed your
corporation, your company, when you decided you wanted to get into the pawnbroker
business?
Mr. Cruchelow: No sir.
Mayor Mathews: No? Did you ever review the State law?
Mr. Cruchelow: No sir.
Mayor Mathews: Okay. Do you want these pictures back or are they for us?
Attorney Pryor: I can take them back; I’ll just send these to Mr. Bentley.
Mayor Mathews: Okay, that’s fine. Thank you, that’s fine. Alright, any further questions
up here? Comments? Alright, thank you guys very much. Thank you.
Attorney Bentley: Do you want to go back to Executive Session or do you want to go
ahead and discuss?
Mayor Mathews: Does anybody see a reason to go back to Executive? If not I’ll
entertain a motion. Would you like the attorney to lay out the options?
Councilmember Killingsworth: Please.
Attorney Bentley: Mayor and Council, basically we have given 10-day notification and
we were going to continue the particular hearing, or decide to terminate the hearing. So
basically you have the right to either issue a warning, suspend the license for an
indefinite period of time or revoke the license, or take no action if the Council finds no
violation by the Licensee. Now I know that we have not had a full blown hearing in
regards to this but y’all can make the determination of whether or not you want to go
forward as it relates to handling it based on legal comments that were given to you in
Executive Session, but that would be up to you.
Councilmember Welsh: And this is simply on the “loan” issue, not the rezoning issue?
Attorney Bentley: This is simply on the “loan” issue, that it correct. And it is an issue as
it relates to the business license, being able to revoke the business license because of
the violation of State law. It is not having anything to do as it relates to the rezoning
issue and the stipulation. Now we have gotten from the Attorney a commitment to go
forward and come into compliance. Do you have a time limitation on that? Do you have
any…?
Attorney Pryor: [inaudible – off mic]
Attorney Bentley: And again, it may be a situation that – you have the rezoning issue
that is coming forward before you spend that kind of money. I’m sorry?
Attorney Pryor: [inaudible – off mic]
Attorney Bentley: I apologize. You said you think that you can have it completed by…?
Attorney Pryor: They have contacted their sign people who actually did the sign initially.
They’ve gotten a quote. It’s in the process of being changed and he’s, Mr. Chuchelow
has testified it’s going to be under a $500 fix, but it’s as soon as possible in terms of… I
mean, it’s a deep priority at their business to get that changed and come into
compliance.
Attorney Bentley: So based on that, if that is what you want to do as far as making your
determination, you can take that into account if you want to do that.
Mayor Mathews: Just as a follow up, comment… based on the legal opinion that we’ve
received, I personally don’t see any point in continuing this particular hearing. I think it
was pointed out by Mr. Pryor as well, that our ordinance does not reference that specific
State code; it does reference the Uniform Commercial Code on lending which this
particular violation is not part of. So, from that standpoint on this particular violation I
don’t… I guess the legal opinion that we’ve received is that we don’t’ have the ability to
site on that particular piece of code under this ordinance.
Attorney Bentley: or to suspend.
Mayor Mathews: or to suspend.
Attorney Bentley: That’s correct, in my legal opinion.
Councilmember Killingsworth: Mr. Mayor, based on legal opinion and based on this
new information, I’d like to make a motion we dismiss this specific issue. There’s other
issues at hand, but based on this specific issue for this hearing, I make a motion that we
dismiss.
Councilmember Jenkins: I second that motion.
Mayor Mathews: I have a motion and a second to dismiss the issue of the use of the
word “loan” and the request for a hearing that was submitted to the Cruchelow’s dated
March 23
rd. Are there any other comments, questions? All in favor of the motion raise
your right hand. That’s 3-0. Alright, it’s been dismissed.
XVII. PUBLIC COMMENT/BUSINESS FROM THE FLOOR
8:00 PM Floor Opened for Public Comments
Mayor Mathews: It is now time for public comment. I think there were a few people that
signed for public comment. Please come forward, give us your name and address for
the record.
JEFF WILSON (Summerstream resident): We would like to place into the record a
petition. We have 54 households in our neighborhood and we have a petition with 39
signatures on it representing roughly, roughly 40 of those households. Six houses of
the 54 are vacant, so we have roughly 40 households on record unambiguously
opposed to the presence of that pawn shop. There is no pleasure in this, but there is no
ambiguity, there is no lack of determination and we would like that entered into the
record for when it does approach the time to talk about the zoning issues. I’d also like
to read into the record that in our petition and in the agenda that is published tonight,
there is a technical discrepancy, its 1953 North Cobb Parkway, the other is 2953 North
Cobb Parkway. I do not know which one is the correct address and I just wanted it
stated that we are talking about the pawn shop, we are talking about…
Mayor Mathews: I think everybody’s clear on that. What is the correct address? 29?
So 2953 is correct.
Mr. Wilson: So who is the appropriate person to deliver this?
Mayor Mathews: Right here. If you want to present that to me, I’ll give it to the Clerk.
Mr. Wilson: [presented petition to Mayor] Thank you.
Councilmember Killingsworth: Mr. Mayor, for the record, will you please read into the
record what the question was posed to these homeowners? To draw their signatures.
Mayor Mathews: “The undersigned residents of Summerstream subdivision do not
approve of the above business at 1953 North Cobb Parkway, in Mack Dobbs Point
shopping center. The City of Kennesaw should correct their error and rescind
Cruchelow Jewelry and Loan’s business license.” And I’ll submit that and request that
that be attached to the file for the rezoning application as well. I think that was
requested in your statement . Correct?
Mr. Wilson: Correct, sir.
Mayor Mathews: Okay.
ROBIN FERGUSON (Summerbrooke HOA President): Mr. Mayor and
Councilmembers, my name is Robin Ferguson, I live at 2694 Summerbrooke Drive, and
I am the President of the Summerbrooke Homeowners Association. We had an open
meeting held at our pool area and at the meeting the Board unanimously passed a
resolution asking that the City Council enforce the zoning ordinances as they apply to
the Mack Dobbs retail center and that they rescind the license, the pawn shop license
which they approved in error in the Fall of last year. That resolution by the Board is
supported by the petition, very similar in fact, it’s identical to the one that’s just been
submitted to you by the Summerstream residents. We have 76 signatures all of whom
are against the pawn shop continuing to do business and I’d like our resolution and the
petition placed into the record of this meeting, please.
Mayor Mathews: Okay, do you want to present that, bring it forward? [petition
submitted] Thank you very much.
GARY GRENHART: Mayor and City Council, my name is Gary Grenhart…
Mayor Mathews: One second please. I’ll read this in as well. This was basically… the
question is identical to the previous question so I will also request this be attached to
the zoning application file. Alright, go ahead. Give us your name and address for the
record.
Gary Grenhart (2702 Brookfield Lane, Kennesaw, 30152): I’m a little confused. It says
on your published agenda, title of the item, the hearing is to determine the continued
status of business and pawn license for Cruchelow Jewelry and Loan, LLC, 2953 North
Cobb Parkway, Kennesaw. And the agenda comments, in the last sentence, it says the
Mayor and Council will conduct the hearing, considering all evidence put forth and may
then render a decision regarding continued operation of this business as a pawn shop.
It doesn’t specifically say this item is about the State code. This says to determine the
continuing status of the business and pawn license of the aforementioned business.
Now last Monday night when we had the public hearing we were told that you could
make one of three decisions.
Mayor Mathews: That’s correct.
Mr. Grenhart: I don’t know… we couldn’t hear you back here. We don’t know what the
lawyer stated to you in Closed Session. I know the laws about Closed Session, okay?
[inaudible] in the published agenda. It says, your item… the title of the item and then
the comments. You haven’t done that.
Attorney Bentley: Sir, we voted up here as it relates to one of the three options that you
have and that in fact, is what they have done.
Mr. Grenhart: You haven’t considered the status of the pawn shop. You haven’t made
a decision on that sign.
Mayor Mathews: And as I said… as I stated at the Monday night town hall meeting, we
were going to do everything within our power to make sure that we are doing everything
legally and by the book. And in this case, it was brought to our attention – just as the
violation was brought to our attention – this was brought to our attention by our
Attorneys that our ordinance does not reference that section of State code. So
therefore the ruling by the Attorney was that we don’t have the authority to site them on
that particular issue. And so as a result of that the charge that was against them for that
particular issue was dismissed.
Mr. Grenhart: I don’t have any problem with what the lawyer gave you. I only have a
problem with what you did as far as that is concerned. I agree, you don’t have standing
as far as the State code is concerned. Okay? That’s for the State… What I’m saying is
in your published item here you said to determine the continuing status, business and
pawn license over at Jewelry, etc. etc. and then said the Mayor and the Council will
conduct the hearing, consider any and all evidence put forth and then render a decision
regarding continuing operation as a business – as a pawn shop – and that’s why we’re
here. That’s why the two neighborhoods are here. You haven’t done that.
Attorney Bentley: You’re correct. That is based on legal interpretation. It’s also based
on the fact that you still have a rezoning hearing that is coming up.; and you have
submitted - these neighborhoods have submitted their names as it relates and will be
placed on the zoning file and we will be having a zoning hearing. It’s anticipated,
however how it has to do as it relates to whether something is appealed or not.
Mr. Grenhart: Mr. Bentley you already have zoning. You made a mistake. All we’re
asking you to do is correct your mistake.
Mayor Mathews: And that is our intention, but we want to make sure it is done in full
accordance with the State law and any other regulations we have to follow.
Mr. Grenhart: I’ll ask your attorney – does the Council have the power tonight to revoke
the business license of this business because of the zoning.
Attorney Bentley: To me it would be improper as it relates to what the law is, sir.
BILL HARRIS: (3236 Summerstream Lane): To the City Attorney, if you don’t mind sir.
Do you have the power to reach out by subpoena and get copies of the lease that was
executed by Mr. Cruchelow and Mr. Venturi?
Attorney Bentley: If it were to go into Superior Court we would need to. Yes sir, we
could if it was appealed to Superior Court.
Mr. Harris: Could you ask their attorney that’s here tonight if they would voluntarily
provide a copy to the City?
Mayor Mathews: It was stated when I asked that question, he stated that he would
provide that to Mr. Bentley.
Mr. Harris: Yes sir. We don’t always hear you in the back. These microphones I don’t
know, its Radio Shack or something.
Mayor Mathews: We asked for it and he agreed to present it to Mr. Bentley.
Mr. Harris: Okay. Could we reach out to Mr. Venturi and ask him or his attorney Garvis
Sams to attend one of these hearings? I think he might have some information that he
could impart.
Attorney Bentley: I believe Mr. Sams is going to be… Isn’t Mr. Sams handling the
rezoning? Isn’t that correct? So he will be out representing his client, sir, but I we can’t
have a hearing now as it relates to the zoning.
Mr. Harris: Okay. Could we ask… could we ask if Mr. Venturi could also supply a copy
of that so we can compare them? I mean, you know…
Attorney Bentley: They don’t necessarily have to.
Mr. Harris: They don’t have to, but could we ask.
Attorney Bentley: Of course, you could always ask.
Mr. Harris: Would you ask?
Attorney Bentley: I will have you ask him. I’ve already asked him.
Mr. Harris: I’m talking about Mr. Venturi and Mr. Garvis Sams. I mean they’re willing to
do it but I’d like to see their copy too. I mean, you know how you can compare copies
and see if anything’s been changed.
Attorney Bentley: Yeah, I wouldn’t… I mean, I can always ask, but the Council would
have to ask me to ask.
Mr. Harris: I don’t have any standing. You’re the City Attorney….
Attorney Bentley: yes sir, I understand.
Mr. Harris: Give ‘em hell. I’d like… There’s been a big silence from the Venturi side of
things. Now we’ve heard certain things alleged by the… one of the fellows in the shop
there next door that says Mr. Venturi didn’t know about this. I’d kind of like to know
what Mr. Venturi has to say through Mr. Sams. They were both very vocal in 2004
when they appeared here and they were very positive…
Attorney Bentley: What I recommend you do is to encourage the person that said that
to attend the hearing as it relates to it so we get it straight from him.
Mr. Harris: umm, maybe that’s a good idea. When is the next time this is going to
come up?
Attorney Bentley: It’s probably… first, before it comes here… what’s the date? The
Planning Commission first.
Mayor Mathews: Let me look at the calendar if I can. It looks like it is scheduled for the
next Planning Commission meeting – should be on May 3
rd. Then it should come to the
Council… it should come on May 7
th for the second public hearing. But big signs will be
posted that will show both dates in case there’s a mistake that I’ve made in giving you
those dates. Those dates will be posted on the signs as well as the surrounding
property owners will get a notice on it as well.
Mr. Harris: Look forward to it.
Mayor Mathews: Thank you Mr. Harris.
LISA STABLER: (3200 Summerstream): I live in Summerstream subdivision, and as I’ve
said before at the time, I just want the Cruchelow’s to know that it’s not a personal
matter from any of us. We were promised something and we’d like to see that lived up
to. If we break a law we have to pay for it, and we don’t want you to be hurt personally,
financially, anything like that. If there’s something that we can do as neighborhoods, or
if Kennesaw residents can help, we’ll certainly try and do so. I volunteered last time to
help you guys move, I know it’s not a lot of money or anything, but if that’s what you
need to box up [inaudible] and things like that, I’d be willing to do it for you. So again,
it’s good that you stayed. Not that you have to be afraid - at first we thought that you
were heading out after you got your decision. It’s good that you stayed and hopefully,
you know, we can all find ways to work together as the laws have it. Something
amenable is presented to you all so that you’re not suffering also. Thank you for your
time.
Mayor Mathews: Anyone else? Alright, no more further comments.
8:15 PM Floor Closed to Public Comment
