02-18-1991 Regular MeetingFebruary 18, 1991
The regular scheduled meeting of Mayor and Council was held February 18, 1991
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present except
for Jack Shinall and Bob Davis. Also present was City Administrator John
Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks
and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Police
Chief Stan Hook, Communications Director Steve Ciaccio, Personnel Director
Jane Mears, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt,
Fire Chief Larry Williams and representatives of the press.
Invocation was given by Michael Cagle, pastor of Smyrna Church of Christ
followed by the pledge to the flag.
CITIZENS INPUT: Dewey Howard of 5045 River Valley Drive stated one of his
part time employees who is 18 years old was recently stopped during a routine
traffic check. He did not have his drivers license with him and was arrested
and handcuffed. Mr. Howard said he was told it was their standard operating
policy to cuff anyone arrested regardless of age, but he thought it was
wrong. Chief Stan Hook said it is normal policy to cuff anyone arrested and
it was not only a city policy, but was a generally accepted policy
State-wide. Chief Hook said he also thought it was offensive and had
considered changing it many times. Mayor Bacon said he would ask the Police
Committee to look into this matter and make their recommendation.
SHOW CAUSE HEARING:
Oasis Bottle Shop be
seconded the motion which
PUBLIC HEARINGS:
Jim Hawkins made a motion the show cause hearing for
continued once more, to March 4, 1991. Wade Lnenicka
carried 5-0.
(A) Annexation of property at 3603 Carson Drive
Allan Kahlife requested the annexation of his home at 3603 Carson Drive. All
advertising requirements have been met and there was no opposition. Wade
Lnenicka made a motion the property be annexed and made a part of Ward 2.
John Steely seconded the motion which carried 5-0.
(B) Beer and wine pouring license - Pizza Hut, 3815 South Cobb Drive
John Patterson stated that John Patrick Duffey has requested that the pouring
license for Pizza Hut be transferred to his name. The police investigation
was favorable and there was no opposition.
Mr. Duffey said he had been a resident of Cobb County for 2 1/2 years and was
the Area Manager for Pizza Hut, supervising 8 restaurants. The previous agent
was relocated out of State and Mr. Duffey said there had been no violations
to his knowledge. Mr. Duffey said he was diligent in checking employee files
to be sure they were properly trained and certified.
Mr. Lnenicka said the City periodically conducts sting operations and
reminded Mr. Duffey that he would 'be personally accountable for any
violations. Mr. Lnenicka made a motion the license be approved as requested.
John Steely seconded the motion which carried 5-0.
FORMAL BUSINESS:
(A) Bid opening - tennis court resurfacing, Jonquil Park
Bids were opened, read and recorded as follows:
Premier Coating $3,400
Whalen Tennis Company $4,900
Atlanta Recreation $3,438
Crawford Construction $3,565
Bill Scoggins made a motion the bids be turned over to the Parks Committee
for their recommendation back to full council at the next meeting. Kathy
Jordan seconded the motion which carried 5-0.
(B) Amendment to short term disability policy
John Patterson said that several years ago the City adopted a short term
disability plan for all full time employees and two years ago the plan was
altered in response to some needs that had been identified as un-met.
February 18, 1991 meeting - continued
Basically, the plan was changed and upgraded from where the insurer paid an
employee 2/3 base salary after a 7 day wait for six months duration, to one
where the City payroll department paid the employee full salary with no
waiting period for six months duration. The current revision of the STD plan
will return the program to about what it was prior to its being upgraded. A
recent review of the City's sick leave repayment plan has resulted in these
revisions to the STD plan.
Jim Hawkins stated the Finance Committee had recommended that the following
four steps be included in the short term disability plan (6 months), after
which time the long term plan would go into effect.
Weekly benefit paid directly from the insurer to the employee will be
approximately 2/3 weekly wages minus taxes.
Employees must satisfy a 10-day waiting period by using (in this order)
all their current year sick leave, any remaining frozen sick leave, any
accumulated comp time/vacation/annual leave.
No increase in salary will be processed while an employee is on
disability.
No employee receiving a benefit under the short term disability program
in any calendar year will be eligible for any sick leave remuneration at
the end of that year.
Jim Hawkins made a motion the amendments be approved. Bill Scoggins seconded
the motion which carried 5-0.
(C) Validate petitions to annex homes on Valley Oaks Drive
Attorney Camp read the application for annexation of 50 duplex units on
Valley Oaks Drive as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent (60%) of the owners of the land area by acreage,
as described below, which is unincorporated and contiguous to the City of
Smyrna, hereby apply to have said area annexed into the City of Smyrna under
the provisions of laws of the State of Georgia, said property being annexed
being described as follows:
All that tract or parcel of land lying and being in Land Lot 420 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING at the corner common to Land Lots 373, 374, 419 and 420 and running
east along the south land lot line of Land Lot 420 a distance of 320.4 feet;
thence north a distance of 1337.7 feet to the south right of way line of Pat
Mell Road; thence west along said right of way a distance of 320 feet to the
west land lot line of Land Lot 420; thence south along the west land lot line
of Land Lot 420 a distance of 1317.7 feet to the corner common to Land Lots
373, 374, 419 and 420 and point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION
Witness the hands and seals of 60% of the electors resident in the annexed
area: s/DAVID ALAN DAY, LINDA KAY DAY, ALBERT MATTHEW SEVASTOS, REGINA R.
NELSON, GARY N. NELSON
Witness the hands and seals of 60% of the owners of the land area by acreage:
s/DAVID L. ROMEO, JANET SEROJIAN BISHOP, HAROLD PANTER, H. DENNIS PANTER, S.
CRAIG PANTER, CHRIS H. BURNETT, JOHN W. BOYKIN, J. S. GRAEFF, GRAYLON MILLER,
BENJAMIN C. JOHNSON, WAYMON D. STORY, ATIF M. DABDOUB, JOYCE MULLINIKS,
PATRICIA S. BAGLEY, FRANK L. FERRIER
Kathy Jordan made a motion the petition be validated and the public hearing
set for March 18, 1991. John Steely seconded the motion which carried 5-0.
(D) Ordinance street numbering procedures
John Patterson stated there are several areas in the city with
inconsistencies in the street numbering and in some cases, property owners
have created their own numbers which the postal service has identified as
legitimate. Renumbering in these cases will ensure minimum response time for
February 18, 1991 meeting - continued
emergency services, aid in the coordination of services from non -emergency
city department, and eliminate confusion.
John Steely made a motion the code of ordinance be amended by including the
following new sections to read as follows:
Sect. 10-24.1 Guidelines for Street Address changes
The Community Development Department of the City of Smyrna shall have the
authority to create or change the street address of any property in order
to eliminate any confusion or inconsistencies that may affect public
safety.
Sect. 10-24.2 Penalties
Property owners shall have a maximum of ninety (90) days upon written
notification from the City of Smyrna to comply with Section 10-24.1.
Failure to do so shall constitute a fifty (50) dollar fine and an
additional fifty (50) dollars every ninety (90) days thereafter until
code compliance is met.
Jim Hawkins seconded the motion which carried 5-0.
RM AWARnR
Construction of fire station
Kathy Jordan made a motion the bid for construction of the new fire/police
precinct be awarded to Benefield & Associates, at the low alternate bid of
$321,182. John Steely seconded the motion which carried 5-0. John Patterson
stated their construction scheduled was 120 days, which should allow
completion around the same time as the new community center and library.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA:
Nothing to report.
(A) Approval to request bids for police cars
(B) Approval to request bids for telephone system (new fire precinct)
(C) Approval of February 4, 1991 minutes
(D) Budget adjustment - police department personnel
Kathy Jordan made a motion the consent agenda be approved. John Steely
seconded the motion which carried 5-0.
COUNCIL INPUT:
Sherry Reavis reported on Parks activities.
Jim Hawkins said that on February 26th, budget work papers would be
distributed to department heads and the Finance Committee would like very
much to see a no growth budget, especially in capital items. Mr. Hawkins said
it was almost essential that we continue to operate under the same amount
budgeted for the current year because there will be no new income sources.
Mr. Hawkins said he has received several calls about a tower recently erected
on Gann Road. The tower is on private property in the unincorporated area of
the county and is owned by Pac-Tel Cellular.
Kathy Jordan reported that Firefighter Jeff Pierson was just called up for
active duty in the Marines and extended best wishes to him.
With no further business, meeting adjourned at 8:13 p.m.
A. MAX BACON, MAYOR
BOB DAyIS, W 1
LL SCOGGINS, D 3
JACK SHIN WARD 5
JOHN TEEL 7