Loading...
06-15-1992 Regular MeetingJune 15, 1992 The regular scheduled meeting of Mayor and Council was held June 15, 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, Communications Director Steve Ciaccio, Library Director Laurel Best, Parks Superintendent Keith Nelson, Police Chief Stan Hook, Community Relations Director Kathy Barton, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel Director Jane Mears, Sharon Williams representing the Finance Department and representatives of the press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Melodie Clayton, State Court Judge candidate; Jack Shinall, Eastern District Commission candidate; Joe Thompson, Eastern District Commission candidate; Cody Holman, Commission Chairman; Gordon Wysong, Eastern District Commission candidate; Ben Smith, County Solicitor candidate; Laurie Davis, Superior Court Judge candidate; Paul Coverdell, U.S. Senate candidate; Charlie Tanksley, U.S. Senate candidate; Pat Head, Superior Court Judge candidate; Norman Bigham, School Board candidate; and a representative for Bob Barr, U.S. Senate candidate. PUBLIC HEARINGS: (A) Annexation of property in Land Lots 55, 56, 57, 60, 61, 62, 172, 173 and 684 of the 17th and 18th Districts Bob Thomson stated the petition, signed by James Freeman as property owner, was validated at the May 18th meeting and advertised for a public hearing tonight. There was no opposition and Pete Wood made a motion the property be annexed into the City and made a part of Ward 7. Bill Scoggins seconded the motion which carried 7-0. (B) Rezoning request - Oakdale Road property from R-20 to L.I. Bob Thomson stated that James Freeman is requesting the rezoning of 48 acres, a portion of the property just annexed from R-20 to Light Industrial. This tract borders Oakdale Road and I-285 and abuts LI zoning to the north and east. There was no opposition. Mr. Freeman presented a drawing of the first phase of the proposed development consisting of office -warehouse type buildings. Mr. Freeman said he would develop the property without access to Corley Drive because that is still residential. Also, they would maintain a 50 foot planted buffer and attempt to leave as many trees as possible. Pete Wood made a motion the zoning be approved from R-20 to Light Industrial with the following stipulations: 1) 50 foot planted buffer be provided using as many of the existing trees as possible; 2) Developed with no access onto Corley Drive. Jim Hawkins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Ordinance - tax on liquor by the drink Pete Wood said the ordinance presented tonight is the same as the County ordinance which establishes an excise tax of 3% on sales of liquor by the drink. This ordinance would become effective August 1, 1992. Pete Wood made a motion our ordinances be amended by adding a new section 3-40-1 through 3-40-11 establishing a 3% excise tax on liquor by the drink as presented tonight, with a complete copy on file in the City Clerk's office. Bill Scoggins seconded the motion. Mr. Wood stated that this ordinance would replace the existing excise tax of 1% on annual sales of $100,000 to $500,000 for spirituous liquor pouring establishments. This year, revenues from the tax will go into the General Fund but eventually, the money will also help fund the DUI Task Force. Vote on the motion to approve the ordinance carried 7-0. June 15, 1992 meeting - continued (B) Approval of FY93 budget Bob Thomson said the FY93 budget was balanced with no property tax increase. The total budget is $24,156,544 with a total increase in the General Fund of 1-88%. This will be the first full year of operation cost for the Community Center, Library and fire/police precinct. Mr. Thomson expressed his appreciation to the Mayor, Council and department heads for the hard work that went into preparation of the budget. There were no questions or comments from the audience and Pete Wood made a motion the General Fund budget of $16,371,997, Special Revenue Fund budget of $1,567,760 and Water/Sewer Fund budget of $6,216,787 be approved, seconded by Ron Newcomb. Mr. Wood said the FY93 budget is based on a millage rate of 11.60 mills, the same as FY92 with an increase in the General Fund budget of $302,397 or 1.88%. The General Fund revenues project $60,000 in taxes from liquor by the drink and there is a provision of an approximate 10% average increase ih business license fees. Increases are also projected in police fines and community center user fees. Telephone surcharge revenues are expected to increase by over 12% due to an increase:; -in the monthly subscriber charge from $1.25 to $1.50 for 911 service. On the expense side, salary expenditures are projected at 1.73% less than in FY92 basically from the elimination of 14 positions. The dollar amount budgeted for merit increases is $134,853. The pay scale for FY93 will be adjusted in accordance with the employee performance appraisal system conducted by Vail MacBeth last year. Pay increases will be strictly tied to a merit/performance system with a 0 to 5% range. Average performance standards would receive approximately 2.5% with above average performance receiving 3 to 4% raises and 5% being extremely rare. Also for economic reasons, shift schedules for our forty-five (45) uniformed patrol officers and ten (10) detention officers will change from four days on, two days off, to five days on, two days off. This shift change will mean an additional nine days per year per officer gained in patrol coverage for a total annual additional coverage of 405 patrol days. Mr. Wood said this budget was challenging but workable and would provide the city with all essential services. With good management and support of staff people, this budget will meet our needs. Bill Scoggins said he would like clarification on the elimination of 14 positions before making a decision on adoption of the budget. Mr. Wood said the budget eliminates 14 existing positions. Of those, 8 are currently vacant, one will be retiring in July and one will be re -assigned to a different position. The remaining four positions represent laborers in the Sanitation Department which will be phased out as a result of the recycling program. These four individuals will be offered internal transfers to the Streets Department and all employees affected will have an opportunity to retain a job with the City. Mr. Scoggins said he did appreciate the good job the Finance Committee had done and was proud of the fact that there have no tax increases during the time he has served on council. Jim Hawkins said he also appreciated the cooperation from the department heads and stated this city is still in better financial condition than most in Georgia. We are still financially sound and good evidence of that is that we finished this fiscal year with enough surplus funds to purchase a new fire truck. Ron Newcomb stated this is a truly balanced budget and the revenues have not been inflated to make it appear as such. This is a no tax increase budget and council agreed some time ago that we could provide services without raising taxes. Several cost saving programs are included and the council will continue to seek ways of improving service for a lower cost. Mr. Lnenicka said one of the primary responsibilities elected officials is proper management of the city money and this budget by and large does a good job of that. Council and the department heads are to be commended for the work they have done. The City is not immune from the recession and this has been a major achievement. Council will continue to look for other cost saving measures throughout the year. June 15, 1992 meeting - continued Jack Cramer also expressed his appreciation to the committee and department heads for their input into the budget process. Mayor Bacon stated that last year the City received some negative publicity about facing a tax increase to pay for the Community Center. That was an issue during the election and a commitment was made by council at the beginning of the year that we would not increase taxes. Many hours have gone into the preparation of the budget and we will continue to provide the best services possible. Vote on the motion to approve the budget carried 7-0. (C) Approval of FY93 millage rate There were no questions or comments from the audience and Councilman Wood made a motion the millage rate for fiscal year 1992-93 be set at 11.60 mills. Wade Lnenicka seconded the motion which carried 7-0. (D) Approval of cat.ordinance Ron Newcomb said he had studied the need for a cat ordinance after receiving input from citizens at council meetings and had developed an ordinance that he recommended be adopted. Basically the ordinance requires that cats wear vaccination and identification tags and collars and limits the number of cats based on square footage of the owners property. It does not rely on impoundment for enforcement but rather places the responsibility on the owners who will be cited into court for violations. Mr. Newcomb made a motion the ordinance be amended by adding a new section to read as follows: ARTICLE III. CATS Sec. 4-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Cat. A feline animal of either sex. Person. Any natural person or any legal entity, including but not limited to, a corporation, partnership, firm, or trust. Harbor. To give or allow to be given habitation, shelter, refuge, or nourishment, for any period, whether or not owned. Authorized personnel. Any law enforcement officer or agent or employee duly authorized by the City to enforce the ordinances of the City. Sec. 4-41. Responsibility to comply. Any person who harbors a cat shall be responsible for ensuring that the cat is in compliance with the provisions of this article. Sec. 4-42. Unlawful presence of cat. It shall be unlawful for a cat to be upon the.property of any person of the person owning or in lawful possession of said property objects to the presence of the cat. Sec. 4-43. Vaccination and tags required. (a) A cat shall wear a collar to which is attached thereto a valid vaccination tag as required by the laws of the state, and an identification tag showing the name and address of the person harboring the cat at the time the vaccination tag was attached or since that time as the case may be. (b) No person shall attach a vaccination tag or an identification tag to any cat for which it was not issued or intended, nor shall any person remove a vaccination tag or an identification tag from any cat for which it was issued or intended. (c) Any cat being shipped or transported through the City, or any cat entering the City only for the purpose of a temporary stay, when such stay does not exceed fifteen (15) days, shall be exempt from the vaccination and tagging provisions of this article. June 15, 1992 meeting - continued Sec. 4-44. Running at large while in heat. Every female cat in heat shall be confined in a building or other enclosure in such manner that such female cat cannot come into contact with a male cat except for planned breeding. Sec. 4-45. Limit on number of cats harbored. (a) The harboring of cats for commercial purposes, including but not limited to the breeding and sale of cats, shall not be allowed except as may be provided under licensing provisions in the ordinances of the City. (b) The number of cats of six (6) months of age or older shall be limited on any lot according to the following provisions: Minimum Lot Size One (1) acre or less Each additional 1/4 acre Number of Cats Up to four (4) cats One (1) additional.cat This limitation shall not apply to veterinary clinics, licensed animal shelters, pet shops or grooming establishments. Sec. 4-46. Enforcement. (a) In the event that a determination can be made of the identity of a person harboring a cat in violation of this article, any authorized personnel shall be authorized to issue a citation to said person returnable to the City of Smyrna Municipal Court. (b) In the event that a determination cannot be made of the identity of a person harboring a cat in violation of this article, any authorized personnel may impound said cat. (c) Whether or not a determination can be made of the identity of a person harboring a cat in violation of this article, authorized personnel may impound said cat if the cat by its behavior, actions or appearance becomes a threat to the public health or welfare. Sec. 4-48. Penalties. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and, in addition to any penalties imposed by State law, may be subject to a fine of up to five hundred ($500.00) dollars or imprisonment for a period not to exceed sixty (60) days or both. Each day's continuing violation and each cat in violation constitutes a separate offense. Sec. 4-49. Contracts with county for enforcement of article. The governing body of the City may negotiate with and contract with the county for the purpose of cooperating with the county in the enforcement of this article and may enter into contracts with the county to provide for an animal control officer or other authorized personnel in furtherance of the enforcement of this article. Jim Hawkins seconded the motion to approve. Mr. Lnenicka stated the restriction on the number of cats would only apply to cats 6 months or older. Mr. Newcomb said the ordinance would become effective immediately but they would allow a 30 day grace period before enforcement. Vote on the motion to approve carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Jack Cramer made a motion the bid for a new pumper truck for the Fire Department be awarded to Georgia Fire Apparatus $157,920. The truck will be paid from surplus FY92 funds and will replace and the 1967 model. Jim Hawkins seconded the motion which carried 6-0-1 with Bill Scoggins abstaining. Councilman Wood made a motion the rules be suspended to consider an item not on the agenda. Wade Lnenicka seconded the motion which carried 7-0. Councilman Wood made a motion the FY92 budget be adjusted by increasing it $157,920 for the purpose of purchasing the fire truck. Ron Newcomb seconded the motion which carried 6-0-1 with Bill Scoggins abstaining. CONSENT AGENDA: June 15, 1992 meeting - continued (A) Approval of June 1, 1992 minutes Jim Hawkins made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 7-0. COMMITTEE REPORTS: John Patrick stated the City of Smyrna has become a trendsetter for others in the metro area and elected officials from Alpharetta and Snellville have visited our new community center and library. Councilman Patrick then called on Laurel Best for a report from the library. Councilman Ron Newcomb called on Ken Hildebrandt for a report from Community Development. Councilman Bill Scoggins apologized to citizens in his ward for some incorrect information he reported at a previous meeting. A pit bull on Morris Circle was killed by our police department several weeks ago and we were told that the other dogs at the same home had moved, but we learned today that they have not. The owners however, have been notified that the dogs must be moved within 10 days. Councilman Jim Hawkins called on Vic Broyles and Kathie Barton for reports. Mrs. Barton reported that the BFI recycling bins will be delivered to homes throughout the city next week, and the recycling program will begin July 6th. The last pickup on the pilot program by Chambers will be June 22 and their containers will be picked up that same day. Mrs. Barton also reminded everyone that the recyclable items may be co -mingled in the bins and they will be sorted at the curb by BFI. Jack Cramer reported on paving and curbing projects in his ward and asked that citizens call him if they have any problems. Mr. Cramer said we recently received a letter of appreciation from Georgia Power regarding the new city buildings. Also they made us aware that the efficiency design of the buildings made energy cost minimal. Councilman Lnenicka reminded everyone of the run-off election June 30th for the Eastern District County Commission race. Mr. Lnenicka said the budget was approved tonight without the funds for additional equipment at Creatwood Park but if the need is there later in the year, he would ask that it be funded from the contingency account. Mr. Lnenicka said the shift change in the Police Department from 4 and 2 to 5 and 2 will probably take place the first of January, 1993. Those employees will then work the same number of hours as other employees of the City. Mr. Lnenicka called on Chief Stan Hook and Communications Director Steve Ciaccio for reports. With no further business, meeting adjourned at 9:10 p.m. i A. MAX BACON, MAYOR MELINDA DAMEON, CITY CLERK 0 N PATRICK, WARD 1 RON NEWCOMB, WARD 2 BILL S O INS, WAO 3 JAME M.WIWARD J J'o' JACK C R, WARD 5 WADE LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7