05-18-1992 Regular MeetingMay 18, 1992
The regularly scheduled meeting of Mayor and Council was held May 18, 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 Administrator Bob Thomson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp, Community Relations Director Kathy Barton, Public
Works Administrative Assistant Brenda Barrett, Fire Chief Larry Williams,
Personnel Director Jane Mears, Communications Director Steve Ciaccio, Police
Chief Stan Hook, Childrens Librarian Rae Duncan, Parks and Recreation
Director Sherry Reavis, Finance Director Emory McHugh, City Engineer Ken
Hildebrandt and representatives of the press.
Invocation was given by Reverend John Hearst, pastor of Mt. Zion Baptist
Church.
Mayor Bacon recognized Judge Mike Stoddard, candidate for Superior Court; Ted
Reed, candidate for Eastern District Cobb County Commission and Tony Center,
candidate for Congress of the 6th District.
CITIZENS INPUT:
Holly Cash, president of the Friends of the Library presented the first True
Friends Award to Larry and Sue Brissey in appreciation for sponsoring the P.
Buckley Moss art exhibit during the Jonquil Festival. Proceeds from the book
sales and donations funded the purchase of 40 new books and videos for the
childrens library, as well as a new set of Britannicas.
Ms. Cash presented a Save the Earth book to Kathy Barton in her name, which
will be placed in the Smyrna Library in appreciation of her efforts to
publicize the events sponsored by the Friends group.
Kathy Barton presented awards to the American Legion Post 160 and Ladies
Auxiliary for raising over $800 during the Jonquil Festival Dance on May
16th.
Wade Lnenicka read a proclamation for "Buckle Up America! Week" and presented
it to Lt. Mike Brown of the Smyrna Police Department.
PUBLIC HEARINGS:
(A) Charter amendment - Section 35(a)
Bob Thomson said this proposed revision will redefine the qualifications and
residency requirements of the Municipal Court Judge. This is the first of two
readings required under the Municipal Home Rule Act. Mr. Lnenicka read the
new section to read as follows:
Sec. 35(a). Same --Judge.
The Mayor and Council shall appoint a legally qualified citizen of the State
of Georgia to act as judge(s) of municipal court and shall fix the term of
office and the compensation of the judge(s). In the absence or
disqualification of a judge, the mayor shall preside over municipal court and
shall be clothed with all the duties, powers and authority of the judge which
are provided by law. In the absence or disqualification of both the judge(s)
and the mayor, the mayor protein shall preside over municipal court and shall
be clothed with all of the duties, powers and authority of the judge which
are provided by law.
There were no questions or comments from the audience and Mr. Lnenicka stated
this amendment would be read again at the first meeting of June and voted on.
FORMAL BUSINESS•
(A) Amendment to Civil Service Board procedures
Bob Thomson said the Police and Fire Committees have recommended that the
Civil Service Board procedures for testing and promotional be amended by
deleting the maximum number of points that may be credited for seniority.
Councilman Wade Lnenicka said at the last meeting these procedures were
approved with an amendment added on which states that the maximum number of
points that can be added for seniority is 20 years or 5 points. Upon further
reflection and checking with our attorneys, it is believed that the
May 18, 1992 meeting - continued
amendment should not have been added. Mr. Lnenicka made a motion the
amendment be approved, to remove the cap on the maximum number of points that
may be added to test scores through seniority. Bill Scoggins seconded the
motion which carried 7-0.
(B) Reappointment of Downtown Development Authority members
Jim Hawkins made a motion the following members of the Downtown Development
Authority be reappointed to a one year term:
Willouise Spivey
Hubert Black
Jimmy Wilson
Steve Shupert
Doug Stoner
C.J. Fouts
Jim Pitts
Pete Wood seconded the motion which carried 7-0.
(C) Validate petition to annex property in LL 55, 56, 57, 60, 61, 172, 173
and 684 of the 17th and 18th District, 2nd Section
Mr. Camp read the petition signed by James E. Freeman, to annex property
totaling 82 acres 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 Lots 55, 56, 57, 60,
61, 62, 172, 173 and 684 of the 17th and 18th district, 2nd Section, Cobb
County, Georgia, and being more particularly described as follows:
TRACT 1:
BEGINNING at a right of way marker located on the southeast side of Riverview
Road with the west side of Interstate 285; run thence south 53 degrees 48
minutes 10 seconds east a distance of 34.48 feet to a right of way marker;
thence north 36 degrees 28 minutes 25 seconds east a distance of 99.75 feet
to a right of way marker; thence south 63 degrees 29 minutes 40 seconds east
a distance of 31.32 feet to a right of way marker; thence south 31 degrees 34
minutes 45 seconds east along the northwesterly right of way of Interstate
285 a distance of 331.99 feet to a point and corner; thence south 38 degrees
50 minutes 20 seconds west a distance of 965.65 feet to a point and corner;
thence north 60 degrees 33 minutes 35 seconds west a distance of 37.00 feet
to an iron pipe; thence north 60 degrees 33 minutes 35 seconds west a
distance of 259.19 feet to Riverview Road; thence northeasterly along
Riverview Road a distance of 359.54 feet to a point; thence north 66 degrees
12 minutes 40 seconds west a distance of 934.70 feet to a point and corner;
thence north 34 degrees 32 minutes 34 seconds west a distance of 359.54 feet
to a point and corner; thence north 60 degrees 33 minutes 35 seconds west to
an iron pipe; thence north 00 degrees 16 minutes 40 seconds east a distance
of 655.11 feet to an iron pipe; thence north 00 degrees 02 minutes 10 seconds
west a distance of 765.56 feet to an iron pin; thence north 87 degrees 59
minutes 13 seconds west a distance of 46.83 feet; thence north 85 degrees 50
minutes 26 seconds west a distance of 516.26 feet; thence north 42 degrees 30
minutes 25 seconds east a distance of 832.62 fete to a point and corner;
thence south 49 degrees 00 minutes 40 seconds east a distance of 345.90 feet
to a point and corner; thence north 00 degrees 16 minutes 17 seconds east a
distance of 291.55 feet; thence north 10 degrees 33 minutes 02 seconds east a
distance of 170.00 feet; thence southeast a distance of 220.00 feet to a
point and corner; thence south 01 degrees 19 minutes 04 seconds east a
distance of 208.00 feet; thence south 73 degrees 14 minutes 24 seconds east a
distance of 440.00 feet; thence south 05 degrees 53 minutes 15 seconds east a
distance of 356.84 feet to a point and corner; thence south 88 degrees 50
minutes 40 seconds east a distance of 251.88 feet to an iron pin located at
the right of way of Interstate 285; thence south along Interstate 285 10
degrees 43 minutes 90 seconds east a distance of 189.13 feet; thence continue
south along Interstate 285 14 degrees 11 minutes 45 seconds east a distance
Mav 18. 1992 meeting - continued
of 304.00 feet to a point and corner; thence southwest a distance of 787.00
feet to a point and corner; thence south a distance of 938.00 feet to the
south side of Riverview Road; thence east along Riverview Road to Interstate
285 and the point of beginning.
Less and except that portion of land previously deeded to Buddy Rice and less
and except any right of way designated as Riverview Road.
TRACT 2:
All that tract or parcel of land lying and being in Land Lots 56, 57, 60 and
61 of the 18th District, 2nd Section, Cobb County, Georgia, and being more
particularly described as follows:
BEGINNING at a concrete marker at the northwest intersection of Interstate
285 and Riverview Road; run thence north 53 degrees 48 minutes 10 seconds
west a distance of 34.79 feet to a point and corner; run thence north 9
degrees 48 minutes 55 seconds east a distance of 111.56 feet; thence north 32
degrees 44 minutes 30 seconds east a distance of 80.86 feet to a concrete
marker; thence north along Interstate 285, 30 degrees 58 minutes 45 seconds
west a distance of 369.62 feet to an iron pin; thence continue along
Interstate 285 north 16 degrees 55 minutes 00 seconds west a distance of
214.83 feet to an iron pin; thence continue north along Interstate 285 14
degrees 11 minutes 45 seconds west a distance of 169.10 feet to a point and
corner; thence southwest a distance of 787.00 feet to a point and corner;
thence south a distance of 903.00 feet to the north side of Riverview Road;
thence east along the north side of Riverview Road to Interstate 285 and the
point of beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the record title holders of the land
described above: s/JAMES E. FREEMAN
Pete Wood made a motion the petition be validated and a public hearing set
for June 15, 1992. Wade Lnenicka seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
Daddyo's Restaurant requested a permit for new construction at 1065 Windy
Hill Road at a total estimated cost of $100,000. Jim Hawkins made a motion
the permit be approved. Bill Scoggins seconded the motion which carried 7-0.
BID AWARDS:
(A) Water line replacement
Jim Hawkins made a motion the bid for water line replacement be tabled to the
next meeting. Bill Scoggins seconded the motion which carried 7-0.
CONSENT AGENDA:
(A) Approval of May 4, 1992 minutes
(B) Approval to purchase 1992 Crown Victoria for Police Department
Bill Scoggins made a motion the consent agenda be approved. Wade Lnenicka
seconded the motion which carried 6-0, with Ron Newcomb abstaining.
COMMITTEE REPORTS:
In the absence of Laurel Best, John Patrick called on Rae Duncan for a report
from the Library. Mr. Patrick said he has received several complaints
regarding vandalism and reckless driving in his ward. They are looking into
the problem nd will take whatever action is necessary.
Ron Newcomb said his Community Development Committee will meet this Thursday
night and will discuss a proposed amendment to the buffer ordinance and the
new annexation bill.
Bill Scoggins called on Chief Larry Williams for a report from the Fire
Department. Chief Williams reminded everyone that burn permits may be
obtained by phone on Monday through Saturday, 10:00 a.m. to 6:00 p.m. with
weather permitting.
May 18, 1992 meeting - continued
Jim Hawkins called on Kathy Barton for a report. Mr. Hawkins stated we are
still working on a cat ordinance and it was originally on the agenda tonight
for approval. We need to adopt an ordinance that is workable and can be
enforced.
Jack Cramer called on Sherry Reavis for a report from the Parks Department.
Mr. Cramer thanked the public works crews for installation of the sidewalk on
Church Street.
Wade Lnenicka said the water bills that were just mailed had a printed
message regarding sanitation pickup that was incorrect. The scheduled pickup
days for Monday and Tuesday of Memorial Day week have been moved up one day;
Thursday and Friday pickups will not change. Mr. Lnenicka read a letter from
the Cobb Chamber of Commerce Public Safety Committee notifying Officer Larry
Wood that he has been selected as Peace Officer of the Quarter. He will be
honored at a breakfast later this week. Mr. Lnenicka asked the Public Works
department to check sight distance on Campbell Road at Nancy Circle and
determine if the bush at that intersection needs to be trimmed or removed.
Also, congratulations to Steve Ciaccio on becoming a new father and best
wishes to Officer Steve Nettles, recovering from a heart attack.
Pete Wood said the Finance Department has been busy preparing the budget and
benefit programs for employees.
Mayor Bacon recognized Joe Thompson, candidate for the Eastern District
Commission seat.
Mayor Bacon also reminded everyone that on July 21st, an election will be
held to consider changing the eligible age limit from 65 to 62 for homestead
exemption. The City has also extended the qualifying period to June 19 to
allow those people to receive the discounted sanitation rate. The homestead
exemption, if approved, will not go into effect until 1993.
With no further business, meeting adjourned at 8:18 p.m.
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WARD 1 RON NEWCOMB, WAFT 2
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HARLES PETE WOOD, WARD 7