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December 12/19, 1988 Council Meeting December 12, 1988 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 12, 1988 at 8myrna 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 and representatives of the press. Invocation was given Presbyterian Church. by Reverend Michael Carey, pastor of Calvary Mayor Bacon read a letter received today from 5 local businesses voicing their objections to the three temporary emission inspections stations in the City, stating they are an eyesore and do not meet building code requirements. Mayor Bacon said he also had talked personally with several of these people and hoped that next year, council would see fit to not issue any temporary licenses for this purpose. Mayor Bacon said he agreed they are an eyesore and did not think they should be allowed to operate at all unless they can provide full service emission control. Wade Lnenicka said the State mandates the emission control inspections and did not think it should be our fault for having to have inspections stations but we do need to be responsible to our citizens in allowing businesses in the City to set up operations so that people can get their cars inspected. Mayor Bacon also asked John Patterson to check those in business to be sure they meet our building code requirements. Mayor Bacon announced that the been continued to the December 19, Recorders Court appeals on the agenda have 1988 meeting. PUBLIC HEARINGS: (A) Privilege license - massage therapist, 1330 Concord Road. John Patterson said Ms. Susan Cox has applied for a business license as a massage therapist at 1330 Concord Road. Being unfamiliar with our city limits or license requirements of Smyrna, she previously applied to Cobb County and was approved by them for a license at this location. When she became aware of our requirements, she immediately applied for the proper license. The police investigation was favorable and revealed nothing that would preclude the issuance of this license. There was no opposition from the audience. Ms. Cox said a massage therapist must complete a minimum 6 month training period including hydrotherapy, use of heat and ice, soft tissue manipulation and others. Their clients are people who choose to see them; often they are referred by physicians, chiropractors, orthopedic surgeons or neurologists. Ms. Cox said she had been nursing for about l2 years, ranging from critical care to psychiatric nursing. CUrrently she is on staff at Ridgeview and Brawners. Ms. Cox said she is a registered nurse and also graduated from the Atlanta School of Massage about 5 years ago. Jim Hawkins stated we have no license category for massage therapists and the category for masseur/masseuse is the only one that would be applicable. This code section states that massages may not be performed on persons of the opposite sex and asked Ms. Cox if that would not limit her business considerably. Ms. Cox said it would not because a lot of her clients have letters from doctors. Also, she is attempting to update the laws in Smyrna since they are behind the county laws. Jim Hawkins said that it seems it would be more appropriate to consider the ordinance changes first, and then hear the license. Ms. Cox said she already has male clients who have letters from doctors, and she is now practicing within the laws of the City. She does not take walk-ins and the first question she asks a new client now is if they are currently under the care of a physician and then requires a letter of referral. If they do not have a letter from their doctor she could, however, see them as an outpatient under the current City ordinance. Bill Scoggins asked about her state licensing since her application indicates a Florida license that expires this year. Mr. Cox said her Florida license is due to be renewed at the end of December; the State of Georgia does not license massage therapists at this time. Wade Lnenicka asked about the signage at this location. Ms. Cox said her sign would advertise therapeutic massage by appointment only and would be very low key. Mr. Lnenicka asked if she understood the current City of Smyrna ordinance and if she was prepared to abide by them until and if such time they are changed, and the answer was yes. Wade Lnenicka made a motion the application for the business Itcense as a massage therapist at 1330 Concord Road be approved. Bill Scoggins seconded the motion. Jim Hawkins said he would oppose the license because he felt council was acting too quickly; the ordinance should be modified if needed prior to a license being issued because it was not designed for the purposes stated here tonight. Jack Shinall said the required health certificate was not in his agenda packet. Ms. Cox said she had brought it to the business license department and it should be with the rest of the application. The motion and second were then withdrawn and Wade Lnenicka made a motion the application for a massage therapist license at 1330 Concord Road for Ms. Cox be approved, conditioned upon the City having in its possession prior to the issuance of the license, the required health certificate. Bill Scoggins seconded the motion which carried 4-3, with Jack Shinall, Jim Hawkins and Bob Davis opposed. (B) Privilege Cobb Drive. license - precious metal dealer - Flair Jewelers, 3315 South John Patterson stated that Thomas A. Taylor, Jr. is the owner of Flair Jewelers and has now applied for a license as a precious metal dealer at this same location. Mr. Taylor has been in business since January 1984. The police investigation was favorable and there was no opposition from the audience. Mr. Taylor their old Mr. Taylor it. said gold said he has a lot of customers who are interested in swapping towards a new purchase and this requires a separate license. he had read our ordinance and felt that he could comply with Following discussion, Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (C) Privilege license - package beer and wine - Tenneco, 1166 Concord Road. John Patterson said that Tenneco Food Retail, Inc. is changing the name of their corporation to TOC Retail, Inc. In doing that, they have also changed the officers of the corporation and this application tonight is to approve the change in the corporate structure of Tenneco. Luci Hammock Wilson is the current agent for Tenneco and will remain the license holder for all three locations in Smyrna. There was no opposition. Doug Gosden with Powell, Goldstein, Frazer and Murphy represented Tenneco and said this is just a corporate structure change and Ms. Wilson will continue to hold the license. Jim Hawkins made a motion the application for 1166 Concord Road be approved. Bill Scoggins seconded the motion which carried 7-0. (D) Privilege license - package beer and wine Tenneco, 2610 Cobb Parkway. Jack Shinall asked Mr. Gosden if he was aware that Ms. Wilson seemed to have a problem in attending meetings such as this. She was not present the last time the license was transferred and also did not have time to stay for a meeting that was held with all license holders. Mr. Shinall said he had some concerns about her awareness of the responsibilities in holding the license. Mr. Gosden said she holds the license at a number of stores and as the retail supervisor for Tenneco felt that she was very responsible. Bob Davis made a motion the application for 2610 Cobb Parkway be approved. Jim Hawkins seconded the motion which carried 7-0. (E) Road. Privilege license package beer and wine - Tenneco, 902 Windy Hill Jack Shinall made a motion the license be approved. Kathy Jordan seconded the motion which carried 7-0. (F) Variance Drive. height and square footage of sign - Amoco, 3402 South Cobb John Patterson said that Amoco oil is requesting a variance to increase the allowable square footage of the sign at their new station on the corner of South Cobb Drive and Lake Drive to 180 square feet. They are also requesting a variance to increase the height from 35 to 43.4 feet. There was opposition. represented Amoco and presented pictures of the type of sign Mr. Harkleroad said the existing signage blocks the view of the sign on property and the variance would help to that problem. the increase of square footage is being to give them visibility due to the traffic speed and width of Drive. The sign will be moved closer to the intersection of and South but will still be in line with others in the would have one or two signs. Mr. Harkleroad said the Amoco logo, and a price sign below it on the could not alleviate the problem of blocking the smaller sign and placing it at a different Amoco has two size signs, with the smaller one would meet code requirements but they felt it signs on t:he street and would not allow them to store. Hawkins made a motion the variance be denied. which carried 7-0. seconded (G) Variance Drive. front yard setback - Trust Company Bank, 3345 South Cobb Company Bank is requesting a variance to from 50 feet to 20.9 feet for the addition of The letter of hardship states that the the front of the property will give customers represented windows of machines The Company and stated they currently have six walk-up automatic teller machines. They are in equipment and they would like to take out the two machines that customers can operate from needed for customer convenience and also for used 24 hours a day. considered putting existing structure but chose not to because of machines problem. not actually be a structure; it will be two a canopy over them. made a motion the variance be approved the motion which carried 6-l, with Wade opposed. - Tenneco, 902 Windy Hill Road variance may no opposition. Oil is requesting this variance to reduce from 50 to 5 feet for a new canopy. The 7 feet from the front property line and does The new canopy will be reduced in size and feet from the new front property line after County is negotiating the acquisition price right of way to widen the road and a refusal of in a drastic increase of the settlement price. There of Mayes, Sudderth and Etheredge represented Tenneco and said relocate the ca.nopybefore the road can be widened. They are moving 5 feet closer to the build.inq and decreas.ing the width of the 6 feet to 4 feet but the canopy will still encroach into the Shinall made a motion the variance be approved. Jim the motion which carried 7-0. beer and wine package license for the new Drive which was tabled at the last meeting of the applicant. FORMAL BUSINESS: (A) Appointment to Planning and Zoning Board Ward 7 Bob Betenbaugh made a motion that John Heaton be reappointed to the Planning and Zoning Board representing Ward 7. Jim Hawkins seconded the motion which carried 7-0. (B) Appeals from Jimmy Richard Emory, Recorders Court: Rodney Allen Tumey, Annette P. Barker, Jr. and Donna Beth Licot Bob Betenbaugh made a motion the appeals be continued to the December 19th meeting. Kathy Jordan seconded the motion which carried 7-0. BID AWARDS: Nothing to report. Nothing to report. COMMERCIAL BUILDING PERMITS: CONSENT AGENDA: (A) Approval of November minutes (B) No parking signs, McCauley Road ,Jim Hawkins made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 7-0. COUNCIL INPUT: Bob Betenbaugh reported on activities in the Parks Department and also gave a brief report on the recent Congressional Cities Conference held in Boston December 3-8. Jack Shinall gave an update on the Fair Labor Standards Act law suit in the Fire Department and said we are still negotiating settlement. Hopefully the suit will be settled within the next few days. Wade Lnenicka said the new public works facility was dedicated last week in memory of Jerry Mills. This is the finest facility in the metro area and one that will house that department well into the future and more efficiently allow us to provide services to our citizens. Mr. Lnenicka commended council for having the foresight to initiate this development. with no further business, meeting adjourned at 8:40 p.m. December 19, 1988 The regular scheduled meeting of Mayor and Council was held December 19, 1988 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 and representatives of the press. Invocation was flag. g.iven by Rev. York Chambless followed by the pledge to the Bob Betenbaugh presented the traditional crystal jonquil to and Beautiful Committee member Charyn Darby in appreciation of the City. (A) Annexation of Doc's Food & Spirits, 2621 Hargrove Road. said of Doc's 1988 and Barbara Brenner have requested the Spirits. The legal description was read at the it has been properly advertised. There was no made a seconded become a part of Ward 1. Privilege license -Doc's Food & Spirits, 2621 Hargrove Road - liquor, and wine pouring. such as Doc's; Come into the City, all and the appliCation tonight is a mere licenses from the County t,o the City. For that for the applicant's appearance. There was no is no reason also of a motion carried 7-0. the Brenners were before store at Plantation be approved. Wade Lnenicka several months Shopping Center seconded the motion Privilege Bonding Company - Stephen Lewis Reed The Reed has submitted an application as the owner and lives at 2980 Carrie Farm Road in license with Cobb County and four other Our ordinance was recently amended to allow Cobb a license, rather than limiting it to City investigation was favorable and there was no with our met all by Bob Betenbaugh. discussion. and agreed to abide by and made a motion the The motion and second the about the amount surety bond he had in place Reed said in Cobb County the total amount of the that would cover any bond he made. He has has never, to this point, had to pay a bond for a which 7-0. the license be approved. Bob Betenbaugh seconded (A) opposed. of increase in homestead exemption said concern for the aged and disabled, there was a increase our exemption. The Finance and Administration the financial impact and recommends the increase. time we allow a $4,000 exemption for persons persons who are totally disabled. They are increase to $10,000 for both. Most of these are impacted more than others by the steady said at a $6,000 an across the board on fixed incomes and property values. are of made a or election seconded question be placed on the next public the City of Smyrna whenever that might be. the motion which carried 6-1, with Wade Lnenicka (B) Approval of sick leave policy. John Patterson said with the impl~nentation of the short term disability program comes the necessity to modify the sick leave program since it is no longer necessary for employees to accumulate sick leave. This policy should curtail the sick leave abuse since it rewards those who do conform to city policies. Jim Hawkins accumulated time. This accumulate number of of those the end to be at said the current policy allows 12 sick days a year which can be and with some employees, this amounts to a substantial amount of past year we discontinued the policy of allowing the employee to more than 12 days and the proposal tonight is to reduce the total sick days from 12 to 10. However, if an employee does not use all days he will be compensated one day for every two days remaining at of the calendar year. This is intended as an incentive for employees work every day they possibly can. At the request of Jack Shinall, John Patterson briefly explained the short term disability program which is a salary supplement at 56 2/3 pay for up to 5 months time, at which time the long-term disability picks up. This program is administered through Mutual Benefit Life Insurance Company and they determine if the claims are valid for payment. The short term program starts 8 days immediately after the illness or injury. Jim Hawkins made a motion the revisions to Chapter X, Section 5 (Attendance and Leave) of the Personnel Rules and Regulations Handbook be approved, seconded by Kathy Jordan. Wade Lnenicka said he couldn't support this policy because sick leave is something we are all concerned with, whether in government or private business. Sick leave is a benefit that should be used for sickness and illness only and is not meant to be vacation time. Mr. Lnenicka said he had a fundamental problem with rewarding people, just for not being sick. If we have a problem with sick leave we should address that. Twelve or even ten days is too much and using sick time as vacation is wrong. Mr. Lnenicka said our employees -this year were given very justifiable salary increases to make their pay competitive with other jurisdictions and private industries and thought council should be very proud of what they had done in terms of salary and benefits for employees, but could not support this proposal. Jack Shinall said he would support the policy but also felt that if we are having a problem with sick leave abuse, we need to take care of it. J_im Hawkins said he could understand Mr. Lnenicka' s concern but the policy is meant to reward employees who are conscientious enough to not take the opportunity to abuse the system and under the present plan, there is no incentive for a person not to take sick leave. Mr. Hawkins said he thought people responded more to motivation than discipline and hoped we treat our employees a little better than a lot of private firms. The of this policy is to be a benefit to those employees who deserve it and not meant to pay someone for abusing the system. Mr. Lnenicka disagreed that there was no incentive and quoted a section from the City's attendance and leave policy which states: "abuse of sick leave is a serious offense subject to appropriate disciplinary action including termination of employment." Mr. Lnenicka said again that sick leave is not meant to be vacation time; it is a benefit to be used when you are sick and he had a problem with taking $100,000 of the City's money to reward employees who are already competitively paid. Vote on the motion to approve the policy carried 5-2, with Wade Lnenicka and Bob Davis opposed. (C) Bid opening: digitizing and aerial photograph. Bids for digitizing and aerial photography for the Community Development were opened, read and recorded as follows: Cardan Systems, Inc. Welker & Associates Hoffman & Company Intercart, Inc. Lowe Engineering Greenhorne & O'Mara Analytical Surveys $ 5,956/sq mi $12,163/sq mi $ 7,144jsq mi $13,380jsq mi $ 5,639jsq mi $ 9,005.04jsq mi $257,890 total bid made a motion the bids be turned over to the Community Committee for their recommendation back to full council. Wade the motion which carried 7-0. to Clean City Committee. that Ann Kirk be appointed to the Clean City 2. Bob Davis seconded the motion which carried 7~O. for rate Victory Cab Company. made a the to the next meeting. Wade item be tabled carried 7-0. said last. item (F) of the agenda, the Recorders Court appeals, requested a building permit for construction building at Griffin Middle SChool at a total Bob Betenbaugh made a motion the permit be the motion which carried 7-0. a building permit for a new medical office at a total estimated cost of $550,000. Bob special assessments made on property in this obviously we would be sure they were paid. Bob permit be approved. Bill Scoggins seconded the at 3445 said the sewer made a carried Grants Southern Bell 'remporary office Tolleson Park - King Springs Elementary School made a the consent motion which carried 7-0. agenda be approved. Bill Scoggins Beth Licot, Rodney Allen Tumey, Annette P. Barker has requested that her appeal be in January. These appeals are the result of at the intersections of Lake Park Drive & and U.S. 41. These people have appeared in and fined. WlJaley that Donna Beth Licot had requested that her Re>dney be dismissed. 'rumey was Jim Hawkins and Jack Shinall made a motion the appeal the motion which carried 7-0. Richard Emory, Jr. was sworn in with Officer Steve Nettles. Officer said he ticketed Emory for improper turn after observing him make turn from the lane of Lake Park Drive onto U.S. 41. A diagram intersection and were presented to indicate that the lanes on Drive are clearly marked, with a right turn yield onto 41 for south traffic, and a straight or left turn lane. The intersection also has a Zone clearly marked to prevent people from rear ending those that are the yield right lane. Officer Nettles said there had been an with several at this intersection as a result of this same and they had several complaints about the improper turns. said at this intersection between 1987 and October increased by increased again in November. By working that they have decreased the number of accidents by 38%. Mr. said he now realized that the turn was illegal but at the time the was not marked as clearly as it is now. Mr. Emory said his only request is that there be some way to facilitate more right turns onto U.S. 41. The officer was correct in everything he did and Mr. Emory said he has not since violated this law. At the time of the violation there were markings on the road but the heavy traffic made it difficult to see. Since that time, the intersection has been marked more clearly and Mr. Emory said he was requesting a reversal of the decision on that basis. Solicitor Mike Whaley said it was obvious that the appeal must be denied based on Mr. Emory's statements by admitting that he knew he was erroneous in what he did. The road was marked at the time of the violation and since then, additional signs have been placed further west of the intersection to indicate the configuration of the lanes so that there will be no question. After further discussion, Jack Shinall made a motion the Recorders Court decision be upheld. Bill Scoggins seconded the motion which carried 7-0. COUNCIL INPUT: Mayor Bacon said the City had received some bad publicity about a trailer fire with a fatality over the weekend and he would like to clarify any misunderstanding about our response to the fire. The Sherwood Mobile Home Park is in the county and not in our city limits. When the 911 call was made it went to the county and it took their trucks 18 minutes to respond to the fire. Cobb County Fire Department contacted the since our station is less than one mile from the mobile home park we were on the scene in 2 minutes. Had we known of the fire earlj.er we would have responded immediately. Bob Davis and other council members wished everyone a Merry Christmas and happy hoJiday season. Wade Lnenicka said he had enjoyed his first year on council and looked forward to the next 3 years. Kathy Jordan reported on library activities and Bob Betenbaugh made from the Parks Department. Bob Betenbaugh also stated that great strides this past year and were committed to making place to live. Mr. Betenbaugh also said the last year had been a experience for him and he looked forward to the next few years. a report has made a great learning with no further business, meeting adjourned at 8:24 p.m.