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July 5, 1994 Council MeetingMEMBER OF THE CIVIL SERVICE BOARD I, John D. Reed, Jr., do solemnly swear that I will well and truly demean myself as a member of the Civil Service Board of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as a member of the Civil Service Board act as I believe for the best interest of the said City. So help me God. ohn D. Re d, Jr. Subscribed and sworn to before me on this 5th day of July, 1994. Civil Service Board ~~~~- A. Max Bacon, Mayor July 5, 1994 The regular scheduled meeting of Mayor and Council was held July 5, 1994, at 7:30 p.m. o'clock. The meeting was called to order by presiding officer Mayor A. Max Bacon. All Council members were present. Also present was City Clerk Melinda Dameron, City Administrator Bob Thomson, City Attorney Charles E. Camp, Police Chief Stan Hook, Finance Director Jim Triplett, Fire Chief Larry Williams, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, City Engineer Ken Hildebrandt, Personnel Director Mary Ann White, Community Relations Director Kathie Barton, Public Works Director Larry Dunn, Chief Building Inspector Scott Stokes and representatives of the press. Invocation was given by Reverend Chuck Moon, pastor of Tillman Methodist Church followed by the pledge to the flag. Mayor Bacon stated that recently an election was held for a vacancy on the three- member Civil Service Board and John D. Reed, Jr. as the only person who qualified was elected to fill the position to represent the Fire and Police Department on the Board. Mayor Bacon then asked Mr. Reed to step forward and administered the Oath of Office to him. Mayor Bacon then congratulated Mr. Reed and welcomed him as an official member of the Civil Service Board. Mr. Reed then stated he would perform the job to the best of his ability for the City of Smyrna. CITIZEN'S INPUT: Mayor Bacon then recognized the following candidates for public office: Judge Bodiford, Superior Court Judge; Joy Delaney was present on behalf of Craig Schwall, Public Service Commissioner; Pat McPherson, State Representative, District 29; Anne Brady, Cobb County School Board. PUBLIC HEARINGS- (A) Variance Request - 3063 Vineyard Way - Reduce Front Yard Setback from 20 Feet to 17 Feet Mr. Thomson stated Mr. Jack Miller, Miller Construction, is requesting a variance at 3063 Vineyard Way to reduce the front yard setback from 20 feet to 17 feet because a house he is building is 3.1 feet over the building line. Mayor Bacon asked Mr. Miller to come forward and announced this is a public hearing and asked if there was anyone present in opposition to the granting of the variance request. There was no opposition. Councilman Cramer asked Mr. Miller to briefly describe the problem in Vineyard Way. Mr. Miller explained the house is mislocated by 3.1 feet due to a misinterpretation of the plot plan. He stated most of the homes in the subdivision are built on a 40-foot right of way but this particular street has a 50-foot right of way and that changes the setback requirements. Councilman Cramer stated he had no problems with the variance request and asked if anyone had any questions of Mr. Miller. Mayor Bacon then asked why the City did not notice the discrepancy when the footings were checked. Mr. Miller responded it was not the fault of the City and stated it was not even on the plot plan. He further stated you would have to have a surveyor come back and tell you where the house should be located in order to conform to the requirements. Councilman Scoggins asked how a home could be 99% complete before an error of this type is found. Mr. Miller responded that a foundation survey was not requird for the construction loan by their lender and for that reason the encroachment was not discovered until the final survey at completion. Councilman Cramer then made a motion the variance request at 3063 Vineyard Way to reduce the front yard setback from 20 feet to 17 feet be approved. Motion was seconded by Councilman Scoggins. Motion was approved 7-0. Mayor Bacon then recognized Mrs. Bob Barr on behalf of her husband who is a Congressional candidate for District 7; Mary Beverly, candidate for Cobb County ~,,, Board of Education Post 2. (B) Abandonment and Conveyance of Right-of-Way on Roswell Road Mr. Thomson stated the property is located between the properties owned by Elizabeth B. Davis, 1371 Roswell Street in Land Lot 560, Parcel 74, and Nancy McGee, 1389 Roswell Street in Land Lot 560, Parcel 75. He further stated the alley serves no useful purpose to the City and the residents have requested the conveyance of this property to be equally divided between the two property owners. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of the abandonment and conveyance of the right of way. There was no opposition. Councilman Scoggins stated that from time to the time the City has the Julv 5, 1994, meeting - continued opportunity to rid itself of some of the properties that has no meaning except to the residents. He further stated this property is in an older section of town and the city has no intentions of trying to maintain the property as they are worthless to the city. Mr. Scoggins then made a motion to approve the conveyance of the alleyway between the properties of Ms. Nancy McGee and Ms. Elizabeth Davis. Motion was seconded by Councilman Wood. Motion was approved 7-0. FORMAL BUSINESS: (A) Amendment to Bond Schedule - Shopping Cart Violation Mr. Thomson stated the enforcement of the State law prohibiting the removal of shopping carts requires an amendment to the bond schedule to establish the bond amount. He further stated that at the recommendation of both Judges in the Municipal Court is that the bond for removal of shopping carts be the same as that for shoplifting violations -- $250 - first offense; $500 - second offense; $700 - third offense. Mayor Bacon then stated that Item 4-B under Formal Business is the Ordinance Amendment for Shopping Cart Violation and called on Mr. Hawkins to handle both items. (B) Ordinance Amendment - Shopping Cart Violation Mr. Hawkins stated there is a State law that indicates if a person removes a shopping cart from a grocery store and does not return it, they could be penalized and the City is proposing to adopt a City Ordinance prohibiting the removal of shopping carts from businesses. Councilman Hawkins then read the proposed Ordinance Amendment 94-12 as follows: It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in OCGA 16-8-21(d), of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent or employee. Premises shall include the parking area set aside by the owner or on behalf of the owner for the parking of cars for the convenience of the patrons of the owner. It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot other than a parking lot on the premises of the owner. Mr. Hawkins then made a motion that the City adopt Ordinance Amendment 94-12 as listed above. Councilman Scoggins seconded the motion. Motion was approved 7-0. Councilman Hawkins then stated that based on the recommendation of the Municipal Judges, the City will amend the bond schedule for these offenses as follows: the first violation will be $250; the second offense will be $500; and the third offense will be $700 and made a motion this bond schedule be approved. Councilman Newcomb seconded the motion. Councilman Lnenicka then asked if the violations would be against the person removing the carts, not the owner of the shopping cart and Mr. Hawkins responded that was correct. Mayor Bacon stated that when he was talking with the management at Bruno's, they indicated they had lost over 50 carts during the past year and each cart cost in excess of $200 and therefore represents a substantial amount of money to the stores. Also many of these carts appear in our creeks and apartment complexes. Councilman Newcomb stated he supported the ordinance but stated the fines sounded pretty stiff but that the Judge would use his discretion to levy an appropriate fine and stated Wards 1 and 2 had experienced a good deal of problems with shopping carts being abandoned at various locations. Motion was approved 7-0. (C) Budget Adjustment - Employee Salary Increases Mr. Thomson stated that pursuant to the across-the-board increase for city employees, the budget adjustment form is necessary to reflect the increase in salaries of $46,465 and a FICA adjustment of $3,555 for a total of $50,020. He indicated this does not represent the entire amount but the amount of increase over the previously budgeted amount. Councilman Wood stated when the FY95 budget was adopted on June 20, 1994, it included a provision for salary increases for city employees based on merit increases but this provides an across-the-board increase to all city employees and the adjustment is necessary in order to accommodate that increase. He further stated this amount will come from the FY94 operating surplus. Mr. Wood then made a motion to approve the budget adjustment in the amount of $50,020. Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: July 5, 1994, meeting - continued (A) Approval of June 20, 1994, Minutes (B) Approval to Send Notification to Annex Island 10 (C) Approval to Advertise Charter Amendments - Civil Service Board (D) Approval to Return Equicomp Study to City Administrator for Further Study (E) Approval of Contract with Cobb County School Board - Use of B. B. Williams Field Councilman Scoggins made a motion the consent agenda be approved. Councilman Lnenicka seconded the motion. Councilman Newcomb made a motion that Item 7-E, `"' Approval of Contract with Cobb County School Board - Use of B. B. Williams Field be separated from the other items on the consent agenda for the purpose of hearing input from Ms. Anne Brady, member of the Cobb County School Board. Mayor Bacon then stated the vote to approve the consent agenda would be on Items 7(A), 7(B), 7(C) and 7(D). Councilman Newcomb made the motion to approve those items, motion was seconded by Councilman Hawkins. Motion was approved 7-0. Mayor Bacon then stated item 7(E) Approval of Contract with Cobb County School Board - Use of B. B. Williams Field would be open for discussion. Councilman Cramer asked Anne Brady, Cobb County Board of Education, to come forward. Mr. Cramer stated the City has been working with the Board of Education and Steve Ciaccio of the Smyrna Parks and Recreation Department for over a year now for the use of this field. Ms. Brady stated this field is across the street from Wills School and has been somewhat abandoned by the school system. She further explained the school does not support the use of the field unless it is directly associated with the school day and the field has basically deteriorated to a state of disrepair. She then stated that the school system has agreed to turn the field over to the City of Smyrna and let it be upgraded for a couple of baseball fields, soccer fields and possibly another use which will allow the community to benefit from the use of the field. Councilman Cramer stated he felt this is a win-win situation for the citizens of Smyrna as well as the school system and expressed his appreciation to Ms. Brady and the school board for their cooperation in this matter. Steve Ciaccio, Director of Parks and Recreation, expressed his appreciation to Ms. Brady for her efforts in allowing the city to use the field. Councilman Cramer made a motion to approve the contract with Cobb County School Board for the use of B. B. Williams Field. Motion was seconded by Councilman wood. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best reminded everyone the Book Discussion Group meeting is July 6. Mr. Patrick stated that the art display during the month of July is Tara Lee and the exhibit will be on the second floor of the Library. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White stated there is only one job announcement and it is for an Emergency Management Clerk - part time - under the direction of Fire Chief Larry Williams who has been recently appointed as Emergency Management Director. Councilman Newcomb then asked Scott Stokes, Chief Building Inspector, for a report on the Community Development Department. Mr. Stokes thanked the Mayor and Council on behalf of his department for the recent across-the-board raise. Councilman Newcomb then asked Mr. Stokes for an update on the Stephens Woods apartment renovations. Mr. Stokes responded the apartment complex was to have submitted a tentative schedule for repairs to the exterior of the property and the roof repairs to the City by the end of June and as of today's date that has not been received. The final deadline for repairs is July 24 and the next scheduled re-inspection date will be July 25, 1994. Mayor Bacon asked Mr. Stokes if he had seen any noticeable improvements on the property and Mr. Stokes responded the repairs being done are interior repairs and would not be visible from the outside at this time. Councilman Scoggins asked Kathie Barton for an update on the Smyrna Clean and Beautiful Department. Ms. Barton stated there is an "Adopt-a-Highway" project on July 30 and stated she needs more volunteers for that project. Councilman Scoggins asked Larry Dunn fora report on the Public Works Department. Larry Dunn and Ray Curtis both thanked the Mayor and Council for the recent across the board raise for the city employees. Councilman Hawkins asked Chief Larry Williams for a report on the Fire Department. Chief Williams reported the citizens survey is now complete with responses returned by 762 people and there were only three people who indicated the quality of service was less than satisfactory. Chief Williams then stated that effective July 5 with the cooperation of Smyrna Cable TV now has the capability to interrupt any programming for bulletins July 5 1994 meeting - continued pertaining to the weather if there is a problem with Smyrna's siren system for inclement weather warning bulletins. Councilman Cramer asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio stated the fireworks scheduled for July 4 have been rescheduled for August 12 in conjunction with another free concert on the Village Green. He then announced there will be a concert on July 22 on the Village Green with the "Flaming A's" performing and there will be a Canine Frisbee Competition on July 16 at 9:30 a.m. Councilman Cramer then announced he will be hosting a Ward 5 community meeting at 7:00 p.m at the community center on July 12 which will be televised on Smyrna Cable TV channel 9. Councilman Lnenicka stated he did not have a report from the Police Department this evening. Councilman Wood asked Mr. Triplett for a report on the Finance Department. Mr. Triplett stated the final version of the budget will be available in approximately four weeks and urged anyone who wanted a copy to please come by and pick up a copy. He also stated the published financial report should be available by the last of September. Mayor Bacon then stated he had received a letter of resignation from Donnie Byrge, the Mayor and Council appointee to the Civil Service Board. He further stated Mr. Byrge has served the Civil Service Board since 1987 but is regretfully resigning from that position due to the out of state travel and time commitments that are required for his position on the Board. Mayor Bacon expressed his appreciation to Mr. Byrge for his years of service. Mayor Bacon stated the Council would have to reappoint someone to this vacancy in the very near future. Mayor Bacon then recognized Ms. Anne Brady and Mary Beverly who remained for the entire council meeting. With no further business the meeting adjourned at 8:31 p.m. A. MAX BACON, MAYOR ,~ MEL7`ND.~1 DAMAE1RO`N, CITY CLERK R M. WARD ADE S.