01-06-1992 Regular MeetingJanuary 6, 1992
The regular scheduled meeting of Mayor and Council was held pursuant to
the Charter on January 6, 1992 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 Clerk
Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams,
Community Relations Director Kathie Barton, Parks and Recreation Director
Sherry Reavis, Finance Director Emory McHugh, Library Director Laurel
Best, Communications Director Steve Ciaccio, Police Chief Stan Hook, City
Engineer Ken Hildebrandt, Public Works Director Vic Broyles, Personnel
Director Jane Mears, Candis Joiner 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:
Senator Hugh Ragan was present and stated the legislature will be back in
session January 13 and urged any citizen who had any input for the
upcoming session to get in touch with him.
Former Senator Paul Coverdale was present and stated he will be seeking
election to the U. S. Senate and congratulated the governing body of the
City of Smyrna.
Old Business:
Public Hearings:
(A) Annexation of Property - Spring Street/Spring Road
Melinda Dameron indicated this annexation had been tabled from the
December 16 Council meeting. The property is located at 1725 Spring Road.
Mayor Bacon asked if there was any opposition to this annexation and there
was none.
Councilman Scoggins stated Mr. Feldman had met all the requirements of the
City and made a motion that the property at 1725 Spring Road be annexed
and become part of Ward 3. Jim Hawkins seconded.the motion. Motion was
approved 7-0.
(B) Business License - The Happy Hocker II (Pawn Shop) 1725 Spring Street
Ms. Dameron stated Ms. Harriet Bell is applying for the Pawn Shop License
at the same address known as The Happy Hocker. All code requirements have
been met. Mayor Bacon asked if there was anyone here in opposition to the
granting of this business license. There was no opposition.
Councilman Scoggins asked Ms. Bell to tell the Council about the type of
pawn shop she intends to operate.
Ms. Bell stated the pawn shop will make loans but will primarily involve
video equipment, televisions, jewelry, watches and that type of material.
Councilman Scoggins asked if Ms. Bell anticipated any automobile titles at
this location.
Ms. Bell responded no and also added there will be no guns sold at this
location and no guns taken in pawn either. Mr. Feldman (Downtown
Investment Corporation) is the owner of the property and Ms. Bell is the
daughter of Mr. Feldman.
Councilman Hawkins asked if there was a large billboard at this location
and Mr. Feldman responded no.
Councilman Shinall asked Ms. Bell if she had ever held a license for a
pawn shop before. Ms. Bell responded no. Mr. Shinall asked Mr. Feldman
if he had ever held a license for this type of business and Mr. Feldman
responded no. Mr. Feldman responded that his two nephews will be the
operators of this business and they have successfully operated a pawn shop
in North Springs near Roswell Road.
Tanuary 6. 1992 meeting - continued
Councilwoman Jordan asked Ms. Bell if she had stated she would sell no
guns at this location. Ms. Bell responded this is correct and will not
take guns or weapons as pawn.
Councilman Davis asked about the signage that will be at this location.
Mr. Feldman responded they would have signs that would comply with the
City of Smyrna requirements.
Councilman Lnenicka asked Ms. Bell if she has read all the Ordinances
pertaining to Pawn Shops and if she understands them. Ms. Bell responded
she had read the Ordinances and understands them.
Councilman Shinall asked how Ms. Bell plans to enforce the Ordinances if
she is going to be an absentee owner. Ms. Bell explained she lives within
close distance of the pawn shop and can be there very quickly and plans to
be in touch with the gentlemen who are operating the pawn shop.
Councilman Wood asked if Mr. Arthur and Mr. Rappaport will be the gentle-
men operating the business. Ms. Bell responded.yes. The property will be
leased and plans to open within sixty days.
Councilman Scoggins made a motion that the application for a business
license for The Happy Hocker at 1725 Spring Road be approved. Jim Hawkins
seconded the motion. Approved 5-2, Jack Shinall and Bob Davis opposed.
Formal Business:
(A) Ordinance Amendment - Section 15-6 - Public Indecency
Mayor Bacon stated this Ordinance Amendment had been tabled from a
previous council meeting.
Councilman Hawkins stated we are still doing legal. research on this
Ordinance and at this time does not feel we are ready to move forward with
this Ordinance. Mr. Hawkins made a motion that this Ordinance be tabled
to a future date. Mr. Scoggins seconded the motion. Approved 7-0.
(B) Rate Adjustment/Intergovernmental Wastewater Charges
Ms. Dameron stated that in September, 1991, we were notified by Cobb
County of a 13% rate increase in wastewater treatment charges. This
increase will have to be passed on to our customers and will increase our
rates from $2.31 to $2.61 pet' thousand effective this month.
Councilman Hawkins indicated we had received notice from Cobb County of
this rate increase and we have no alternative but to increase our sewer
rates. We are only passing the amount of increase that the County passed
on to us. Mr. Hawkins made a motion that our sewer rate be increased from
$2.31 per thousand gallons to $2.61 per thousand gallons effective
immediately. Wade Lnenicka seconded the motion. Approved 7-0.
Commercial Building Permits:
(A) Building Permit - Construx, Inc.
Ms. Dameron stated we have a building permit from Construx, Inc., for a
truck maintenance facility for Chambers of Georgia on South Pioneer
Drive. The construction cost will be $1,400,000.
Councilman Pete Wood stated this is a light industrial area and this is an
appropriate structure for this area. Mr. Wood made a motion that the
building permit for Construx, Inc., be approved for this construction.
Wade Lnenicka seconded the motion. Approved 7-0.
Bid Awards:
There were none.
3
January 6, 1992 meeting - continued
Consent Agenda:
(A) Approval of December 16, 1991, minutes.
Wade Lnenicka made a motion that we approve the December 16, 1991
minutes. Pete Wood seconded the motion. Approved 7-0.
(B) Approval of December 30, 1991, minutes.
Wade Lnenicka made a motion that we approve the December 30, 1991 minutes.
Pete Wood seconded the motion. Approve 5-0 with Councilmen Shinall and
Davis abstaining.
Council Input•
Mayor Bacon stated that before we begin this portion of the meeting he
wanted to express his appreciation to the three outgoing council members,
Ms. Jordan, Mr. Davis and Mr. Shinall. He stated he has enjoyed serving
with each of them and wishes them the best for their.future endeavors.
All three council members were presented a framed nameplate and a crystal
jonquil in appreciation of their years of service.
Mr. Davis stated he had made a lot of friends during his term of office
and wanted to say thanks to the citizens of Smyrna and the city employees
for their assistance during his tenure and wishes the current council the
very best.
.Mr. Shinall said he also wishes the council good luck and best wishes for
the upcoming term.
Ms. Jordan stated she has the same sentiments the other council members
expressed. Kathy stated it had been great being a part of the happenings
of the City and will miss the council members and all the employees and
wishes the very best for the future of Smyrna.
Councilman Lnenicka stated he had.learned a lot for each of the three
departing council members and appreciates all they have done. He wished
them the best of luck and said he hopes to see them around the City.
Councilman Scoggins wished the outgoing council members the best of luck
in their future endeavors and stated he will also miss them.
Councilman Hawkins stated he appreciated the effort of these three people
and will miss all of them.
Councilman Wood stated that during the time he has been on Council he has
enjoyed a very pleasant relationship with these council members and
thanked them for all they did to help him on the Council. Thank you for
all you have done for the community and the citizens of the City.
Mayor Bacon announced a short recess in order to allow the outgoing
Council members to leave the podium and the incoming council members to
come forward at this time.
New Business:
Mayor Bacon invited the new Council members to come forward and take their
seats on the podium. The Council members were introduced by ward. Mayor
Bacon stated Judge Ken Nix.is present and.has graciously offered to
perform the swearing in ceremonies for the Mayor, council members and
appointed positions for the City of Smyrna.
January 6, 1992 meeting - continued
OATH OF OFFICE: Mayor Bacon introduced and welcomed new members of
Council. The oath of office was given to Mayor Max Bacon by State Court
Judge Ken Nix.
The oath of office was then administered to members of Council by Judge
Ken Nix as follows:
John Patrick
Ward 1
Ron Newcomb
Ward 2
Bill Scoggins
Ward 3
Jim Hawkins
Ward 4
Jack Cramer
Ward 5
Wade Lnenicka
Ward 6
Charles Pete Wood
Ward 7
RECOMMENDATIONS & APPROVAL OF APPOINTED POSITIONS:
Upon the recommendation of Mayor Bacon, Pete Wood made -a motion the
following appointments be made.
City Clerk Melinda Dameron
City Attorney Chuck Camp
Municipal Court Judge C. V. Reeves
Solicitor Mike Whaley
Wade Lnenicka Seconded the motion to approve the appointments which
carried 7-0. The oath of office was then given by Judge Ken Nix.to the
City Clerk, City Attorney, Municipal Court Judge and Solicitor.
APPOINTMENTS TO DOWNTOWN DEVELOPMENT AUTHORITY:
Mayor Bacon stated it was necessary to reappoint two members.to the DDA in
lieu of the resignations of Charles Pete Wood and Alton Curtis. Mayor
Bacon recommended the appointment of Doug Stoner and Steve Shupert to the
DDA to fill the two unexpired terms. Jim Hawkins made a motion these
appointments be approved, 'Wade Lnenicka seconded the motion. Approved
7-0.
APPOINTMENTS TO PLANNING & ZONING BOARD:
Wade Lnenicka made a motion to reappoint Edward Paden, Jr., as the Ward 6
representative to the Planning and Zoning Board. Jim Hawkins seconded the
motion. Approved 7-0.
Ron Newcomb stated he would like to delay the appointment of the Ward 2
representative to the next meeting of Council.
Bill Scoggins made a motion to reappoint R. J. McCurry as the Ward 3
representative to the Planning and Zoning Board. Pete Wood seconded the
motion. Approved 7-0.
Jack Cramer made a motion to appoint Jay Wallace as the Ward-5 represent-
ative to the Planning and Zoning Board. Ron Newcomb seconded the motion.
Approved 7-0.
OTHER COMMISSION APPOINTMENTS:
Appointments to the Parks and Recreation Commission, Clean City and
Housing Authority will be made at the January 20, 1992, meeting.
MAYOR'S APPOINTMENTS•
Upon the recommendation of Mayor Bacon, Pete Wood made a motion the
following appointments be approved.
Mayor Pro Tem Jim Hawkins
Chairman, Planning & Zoning Allen Potter
Clerk, Civil Service Board J. Phagan Durham
Jim Hawkins seconded the motion which carried 7-0.
5
January 6, 1992, meeting - continued
COMMITTEE ASSIGNMENTS:
Mayor Bacon read the following list of committee assignments.
FINANCE & ADMINISTRATION Pete Wood, Chairman
Insurance/Employee Welfare/Safety/ Jim Hawkins
Privilege Licenses/Water Ron Newcomb
(Also members of the Downtown Development Committee)
PUBLIC WORKS
Sanitation/Streets/Garage
FIRE
POLICE
Communications/Emergency Management/
Annexation
COMMUNITY DEVELOPMENT
Building Permits/Inspections/
Planning/City Marshal
PARKS & RECREATION
CLEAN CITY
Jim Hawkins, Chairman
John Patrick
Bill Scoggins
Bill Scoggins, Chairman
Jack Cramer
Wade Lnenicka
Wade Lnenicka, Chairman
Ron Newcomb
Pete Wood
John Patrick, Chairman
Jack Cramer
Bill Scoggins
Ron Newcomb, Chairman
Wade Lnenicka
Pete Wood
Jack Cramer, Chairman
Jim Hawkins
John Patrick
Mayor Bacon stated he expects the Committees to meet at least once a month
and reminded them that the press must be notified.
CONSENT AGENDA
Mayor Bacon stated there were three items on the consent agenda.
(A) Resolution Renewing GMA Lease Pool Agreement
(B) Renewal of Concession Agreement - Fox Creek Golf Course
(C) Approval to Solicit Bids - Playground Equipment for Rose Garden Park
Councilman Jim Hawkins made a motion that the consent agenda be approved.
Bill Scoggins seconded the motion. Approved 7-0.
COUNCIL INPUT:
Mayor Bacon stated that beginning with the next meeting we will have
Committee Reports instead of Council Input.
Councilman Patrick stated he is looking forward to the next four years and
is very anxious to go into action.
Councilman Newcomb stated he believes there is a good chemistry among this
group and we are going to do good things and is looking forward to working
with each of the council members. He also expressed his thanks to the
Mayor and four returning council members for their help and support and is
looking forward to the next four years.
Councilman Scoggins stated he is also looking forward to the next term of
office.
Councilman Hawkins stated he is looking forward to working with the new
council and the returning council members. He also expressed his thanks
and appreciation to the residents of Ward 4 for returning him to this
office.
January 6, 1992 meeting - continued
Councilman Cramer stated he echoes the sentiments expressed by the other
council members and also thanked the people who elected him to this
office.
Councilman Lnenicka asked Laurel Best to come forward with a Library
report. Wade stated the library has been very successful and attributes
this success to Laurel and her staff and the programs available.
Laurel stated the circulation for December is up 25% and announced that
the next business seminar at the Library is January 13 at 7:30 p.m. and it
will be on "How to Sell- Your House" and on January 20 at 7:30 p.m. a
session on "How to Buy a House" and both of these are free seminars and
feels they will contain valuable information for those attending. She
also mentioned tax forms are available at the Library.
Wade stated there will be a Friends of the Smyrna Library meeting January
7 at 7:30 p.m. at the Library and invited the new Library Committee
members to attend. Wade also stated that the non resident library cards
to date total 20 Family and 29 individual memberships have been sold which
has generated $1670 of un-budgeted revenue which can be used to buy books
and other things for the Library.
Wade thanked the Mayor, Council members and staff for their assistance and
expressed his appreciation for the support of the citizens of Smyrna and
Ward 6 for their confidence in sending him back to represent them as well
as the entire city.
Councilman Wood stated this council has many challenges facing them over
the next four years and he is looking forward to serving the citizens
during his term.
Mayor Bacon thanked the citizens of Smyrna for returning him to office and
pledged to serve the citizens well.
Mayor Bacon again thanked Judge Nix for administering the oaths of office
to the city officials.
With no further business, the meeting adjourned at 8:48 p.m.
A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK
L�Fat,,� �-) —
JOV PATRICK, WARD 1
ACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2
SITE CODE ENFORCEMENT OFFICER
I, Robert Burns , do solemnly swear that I will well and truly demean
myself as Site Code Enforcement Officer 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 SITE CODE ENFORCEMENT OFFICER act as I believe for the best interest of
the said City. So help me God.
Robert Burns (Seal)
Site Code Enforcement Officer
SANITATION CODE OFFICER
I, Eddie Bessette , do solemnly swear that I will well and truly demean
myself as Sanitation Code Officer 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
SANITATION CODE OFFICER act as I believe for the best interest of the said
City. So help me God.
Subscribed and sworn to before
me on this .Q/t day of January, 1992.
A. Max Bacon, Mayor
Eddie Bessette (Seal)
Sanitation Code Officer
CLERK OF THE CIVIL SERVICE BOARD
I, J. Phagan Durham , do solemnly swear that. I will well and truly demean
myself as Clerk 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 CLERK OF THE CIVIL SERVICE BOARD act as I believe for the best
interest of the said City. So help me God.
Phagan Du ham (Seal)
Clerk of the Civil Service Board
Subscribed and sworn to before
me on this Z3y day of January, 1992.
CHIEF BUILDING OFFICIAL
I, Scott Stokes , do solemnly swear that I will
myself as Chief Building Official of the City of Smy
and that I will faithfully enforce the Charter and 0
the best of my ability, without fear or favor, and
BUILDING OFFICIAL act as I believe for the best 91
e
So help me God.
Subscribed and sworn to before
me on this 2111 day of January, 1992.
A. Max Bacon, Mayor
well and truly demean
Xa for the nsuing term,
din ces said City to
1 my ions as CHIEF
t of said City.
(Seal)
Af icial
CITY MARSHAL FOR CODE ENFORCEMENT
I, Gene Golden , do solemnly swear that I will well and truly demean
myself as City Marshal for Code Enforcement 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 CITY MARSHAL FOR CODE ENFORCEMENT act as I believe for the best
interest of the said City. So help me God.
Subscribed and sworn to before
me on this R/If day of January, 1992.
A. Max Bacon, Mayor
Gene"Golden (Seal)
City Marshal for Code Enforcement
BUILDING INSPECTOR
I, Robin Broyles , do solemnly swear that I will well and truly
demean myself as Building Inspector 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 BUILDING INSPECTOR act as I believe for the best interest of the said.
City. So help me God.
Robin Broyles (Seal)
Building Inspector
Subscribed and sworn to before
me on this .2/ �—" day of January, 1992.
A. Max Bacon, Mayor
FIRE MARSHAL
I, James Ruffner , do solemnly swear that I will well and truly demean
myself as Fire Marshal for Code Enforcement 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 FIRE MARSHAL act as I believe for the best interest of the said
City. So help me God.
Subscribed and sworn to before
me on this �f' day of January, 1992.
A. Max Bacon, Mayor
FIRE INSPECTOR/INVESTIGATOR
I, Steve Gaddy , do solemnly swear that I will well and truly
demean myself. as Fire Inspector/Investigator 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 FIRE INSPECTOR/INVESTIGATOR act as I believe for the best interest
of the said City. So help me God.
Subscribed and sworn to before
me on this day of January, 1992.
A. Max Bacon, Mayor
Steve Gaddy (Se
Fire Inspector/Investigator
FIRE INSPECTOR/INVESTIGATOR
I, Thomas Mahaney , do solemnly swear that I will well and truly
demean myself as Fire Inspector/Investigator 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 FIRE INSPECTOR/INVESTIGATOR act as I believe for the best interest
of the said City. So help me God.
Thomas Mahan (Sea
Fire Inspecto /Investiga r
Subscribed and sworn to before
me on this o�2/3� day of January, 1992.
A. Max Bacon, Mayor