03-21-1994 Regular MeetingMarch 21, 1994
The regular scheduled meeting of Mayor and Council was held March 21, 1994 at 7:30 p.m. o'clock. The meeting
was called to order 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, Police Chief
Stanley Hook, Sharon Williams of the Finance Department, Fire Chief Larry Williams, Library Director Laurel
Best, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White, City Engineer Ken
Hildebrandt, Public Works Director Vic Broyles, Community Relations Director Kathie Barton, Chief Building
Inspector Scott Stokes and representatives of the press.
Invocation was given by Gary Ellison, pastor of Calvary Baptist church followed by the pledge to the flag.
Mayor Bacon called on Mary Ann White, Director of Human Resources, who recognized Tonda Morris, the
Children's Librarian, as the Employee of the Month for March. Ms. Morris was also recognized for winning the
first place in the Environmental Education award for the state of Georgia at the Smyrna Clean and Beautiful Award
Banquet for the summer reading program hosted by the Smyrna Library. The program was entitled "Go Wild -
Read."
Mayor Bacon called on Ron Newcomb who read a proclamation on behalf of National Development Week which
is March 28 - April 3, 1994.
CITIZENS INPUT:
Mayor Bacon asked if there were any citizens present who would like to come forward.
Mr. Al Crutchfield, Commander of the American Legion Post 160, came forward and stated that several weeks ago
they were made aware that the Police Department personnel could use some ear and eye protection equipment for
the firing range. He presented Chief Hook a check for the purchase of the safety ear and eye protection equipment.
Mayor Bacon thanked the American Legion for their support of the city.
Mr. Scott Worthy then came forward and stated he is a resident of Falling Waters Drive. He expressed two
concerns of his neighborhood -- sharp curve in his neighborhood which is the scene of many accidents and wondered
if some signs could be erected that would warn motorists of the curve; the Heritage Pointe apartment complex and
the amount of walk-through traffic in his neighborhood from the complex.
Mr. Carlos Ruiz came forward and stated he lives in the Falling Waters Subdivision and he is concerned with the
Heritage Pointe Apartment complex. He would like to see that portion of the complex which is to be condemned
to be contained in a fence. He states the fence would increase the safety of his neighborhood and requested that
this be done either by the complex or the city.
Mayor Bacon responded that the City is awaiting an offer from HUD which would allow the City to purchase the
property in question and hopes that the apartment buildings would be leveled completely and some type of
commercial development built on the property. Mayor Bacon further stated once this transaction occurs, the City
will make sure some type of security fence between the commercial development and the private property is erected.
Mayor Bacon stated he hoped to have an offer to purchase the property within 30 days and that hopefully within
the next six months there would be a quality commercial development on the site.
Mayor Bacon recognized Ms. Kim Edwards, Stewart Title Company, who came forward and stated she represents
the Mortgage Bankers Association of Georgia. Ms. Edwards outlined a project called "Lend A Hand" which is
sponsored by her association and is similar to "Habitat For Humanity." She indicated they had selected Smyrna
as a possible site for their project this year.
Mayor Bacon asked Ms. Edwards if they had identified a specific area in Smyrna and Ms. Edwards responded they
have gone to Rose Garden and Davenport Town and spoken with Maggie Robinson who works with Hands, Feet
and Mouth Association.
Mr. Arthur Maratek then came forward and stated he is representing The Timbers restaurant tonight for their show
cause hearing and requested that the rules be suspended and have the show cause hearing at this time.
Mayor Bacon asked if there were any objections. There were none. Councilman Hawkins made a motion the rules
be suspended and the show cause hearing for The Timbers be heard at this time. Councilman Wood seconded the
motion. Motion was approved 7-0.
Councilman Hawkins stated he is recommending the city accept a negotiated disposition on this case. He further
stated Mr. Nusckabel, the owner of The Timbers, has stated he will not contest the charge levied against him by
Officer Plumb. Mr. Hawkins then made a motion to place the alcoholic beverage license for The Timbers on a
twelve-month probation beginning at 12:01 a.m. March 22, 1994 and that will be the settlement of the case.
Councilman Scoggins seconded the motion. Motion was approved 7-0.
PUBLIC HEARINGS:
March 21, 1994 meeting - continued
(A) Amendment to Official Land Use Map - Rezoning Request - 3503 Sherwood Road R-15 to RD,
Duplexes
Mayor Bacon stated this item had been tabled from the previous council meeting and indicated this is a public
hearing and asked if there was anyone present in opposition to this rezoning request. There was none.
Mr. Thomson stated Mr. Hendry is requesting a land use map change and a rezoning request which would allow
him to build a duplex. The zoning would be changed from low density residential to RD, residential duplexes.
Councilman Wood stated this item was tabled from the March 7, 1994, meeting and indicated the item was tabled
in order to allow Mr. Hendry to do some general clean up of the property. Mr. Wood further stated the area has
been cleaned and made a motion that the amendment to the official land use map to change the zoning designation
from R-15 to RD, residential duplex for 3503 Sherwood Road. Councilman Lnenicka seconded the motion. Motion
was approved 7-0.
Councilman Wood then made a motion to approve the rezoning request at 3503 Sherwood Road to allow Mr.
Hendry to build a duplex on this property. Councilman Scoggins seconded the motion.
Councilman Newcomb stated he would like the record to show that the duplex will fit on the lot and no further
variances would be requested.
Motion was approved 7-0.
(B) Annexation of Property Located in Land Lots 491 and 492 - International Gospel Outreach Church
Mr. Thomson stated the church is currently located at the old Eckerd's Drug Store location at the corner of Windy
Hill Road and Atlanta Road. He further stated the Church has recently purchased the property indicated above on
which they plan to build a new church.
Mayor Bacon asked Pastor Robin Hancock to step forward and asked if there was anyone present in opposition to
this proposed annexation. There was none.
Councilman Scoggins asked Pastor Hancock about the total tract of land involved and Pastor Hancock stated it was
in excess of 14.5 acres. The rear section of the property is under contract and due to be closed on at the beginning
of April and at that point the potential purchasers of the property are planning to redevelop the buildings which are
already there for their commercial capacity. The front section of the property bounded by Dixie Avenue and Windy
Hill Road consisting of 2.793 acres is where the church will be.
Councilman Wood asked Pastor Hancock about the proposed building for the property. Pastor Hancock responded
the plans are to build a sanctuary, administrative offices and school classrooms on the property.
Councilman Scoggins asked for an estimate of the square footage of the sanctuary and Pastor Hancock responded
approximately 16,000 square feet.
Councilman Scoggins asked Pastor Hancock if the annexation is approved, how quickly he could remove the old
buildings that are on the property the church is acquiring. Pastor Hancock responded they could be cleaned up by
the end of next Friday.
Councilman Scoggins then made a motion that the request to annex the property so described in Land Lots 491 and
492 fronting on Dixie Avenue and Windy Hill Road be approved to become part of Ward 3 effective March 31,
1994. Councilman Wood seconded the motion. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Bid Opening - HVAC Services
Mayor Bacon asked if there were any bids in the audience. There were none. Four bids were received, opened
and read as follows:
Peachtree Heating and Air Conditioning
No Bid
J. R. Nichols Company
$49.00 Labor rate/hour/per man
and after hours rate
$73.50 Labor rate/hour/per man
Annual Cost
$27,350
Cobb Heating and Air Conditioning
$18.00 Labor rate/hour/per man
and after hours rate
$27.00 Labor rate/hour/per man
Annual Cost
$39,530
Southern Mechanical Contractors
$50.00 Hour/regular rate
after hours rate
$75.00
Annual Cost
05.910
March 21, 1994 meeting - continued
Councilman Scoggins made a motion the bids be turned over to the appropriate committee with a recommendation
brought back before Mayor and Council at the next meeting. Councilman Cramer seconded the motion. Motion
was approved 7-0.
(B) Bid Opening (94004) Tolleson Pool Bathhouse Roof and Gutters
Mayor Bacon asked if there were any bids in the audience. There were none. No bids were returned on this item.
Mayor Bacon suggested that since no bids were received the Parks and Recreation Director be authorized to solicit
proposals to do this work and report back to Mayor and Council at the next meeting.
(C) Bid Opening (94005) Washer/Extractor for Fire Department
Mayor Bacon asked if there were any bids in the audience. There were none. Five bids were received, opened
and read as follows:
Star Distributing Company
$4,849.90
Southeastern Laundry Equipment Sales
$6,450.00*
*If Southeastern needs to bolt, level and grout
the washer, add $450 for
a total of $6,900
Harold's Service and Sales Company
$4,780.00
Star Distributing Company
$8,650.95
*Includes $411.95 for required sales tax.
Star Distributing Company
$4,616.85
Councilman Hawkins then stated there were three bids received from Star Distributing Company which the Fire
Committee will have to review and determine why three bids were submitted. Councilman Wood made a motion
the bids be turned over to the Fire Committee with a recommendation to the Mayor and Council at the next Council
meeting. Jack Cramer seconded the motion. Motion was approved 7-0.
(D) Bid Opening (94006) Vac -Con Sewer Cleaner for Public Works Department
Mayor Bacon asked if there were any bids in the audience. There were none. Three bids were received, opened
and read as follows:
Covington Environmental Equipment, Inc. $70,021.00
Adams Equipment Company, Inc. $68,279.00
Vac -Con $70,963.00
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee with a recommendation
brought back to Mayor and Council at the next meeting. Councilman Hawkins seconded the motion. Motion was
approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Audit Services
Councilman Wood stated the Finance and Administration Committee received proposals from six CPA firms for
the City's work. The companies were asked to submit proposals for three years and to bid each year separately
with an option to add a fourth and fifth year. Mr. Wood then stated he was not prepared to make a bid award this
evening as the bids are quite complex and he would like to refer the bids back to the Finance and Administration
Committee with a recommendation brought back to Mayor and Council at the next meeting. He then read the bids
as follows:
Williamson & Company 1994 $11,735
1995 $12,125
1996 $12,125
Blackwell, Poole & Company 1994 $18,600
1995 $19,150
1996 $19,740
Pate, Cerqueda, Morgan & Gault 1994 $22,250
1995 $23,450
1996 $24,750
1997 $25,975
A
a
March 21, 1994 meeting - continued
Anderson & Hunt
Moore & Cubbedge
Peat Marwick
1998 $27,360
1994
$13,800
1995
$14,500
1996
$15,225
1997
$16,000
1998
$16,800
1994
$18,845
1995
$19,780
1996
$20,125
1997
$20,530
1998
$20,990
1994
$13,750
1995
$14,500
1996
$15,250
1997
$16,000
1998
$16,750
Councilman Wood made a motion the bids be turned over to the Finance and Administration Committee for their
review with a recommendation to be brought back before Mayor and Council at the fast meeting in April.
Councilman Hawkins seconded the motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of March 7, 1994 Minutes
(B) Refund Taxes to Tommy Eubanks (Paid to the City in Error)
(C) Transfer of CDBG Funds - From Church Street Senior Citizens Center to Community Center
Wheelchair Lifts
Councilman Hawkins made a motion to approve the consent agenda. Councilman Lnenicka seconded the motion.
Motion was approved 7-0.
SHOW CAUSE HEARING:
(A) The Timbers - Section 3-3-41
Mayor Bacon stated this item had been taken care of at the first of the meeting tonight.
COMMITTEE REPORTS:
Councilman Patrick called on Laurel Best for a report on the Library. Ms. Best stated there is a survey in the water
bills and urged all citizens to respond.
Councilman Newcomb there was no report from the Community Development Department or the City Engineer.
He then stated the Spring Road survey is progressing and indicated there should be some results available within
the next two months. He reported that the Poplar Creek detention pond project is progressing.
Councilman Scoggins called on Kathie Barton for a report. Ms. Barton reported the deadline on the recycling
survey was today and indicated the results will be reported during the April Council meetings. She then asked for
volunteers for the April 9 "Adopt A Highway" event. Ms. Barton stated May 7 is the date for the next recycling
project.
Mayor Bacon urged all council members as well as the City Administrator and City Attorney to put the date of April
9 on their calendars and plan to participate in the "Adopt A Highway" event.
Councilman Scoggins called on Vic Broyles for a report on the Public Works Department. Mr. Broyles stated the
City has a contractor for the paving projects in the city and the work was begun today and all streets should be
completed before the contractor leaves Smyrna for another area. Mr. Broyles also reported the cemetery wall
project is about 80% complete and should be finished, weather permitting, by the end of this week.
Councilman Hawkins urged all citizens to respond to the CDBG survey forms they receive through the mail as
projects in the City can be funded by federal money if certain criteria is met. He stressed the confidentiality of the
survey forms and asked that everyone promptly complete their forms and return them.
Fire Chief Larry Williams discussed the outdoor burning ban issued by the Georgia Forestry Commission due to
weather conditions. He then urged all citizens in Smyrna to call the Fire Department prior to burning any materials
outside.
March 21, 1994 meeting - continued
d
Steve Ciaccio stated that March 25 is the deadline for registering for Cobb Senior Games and that March 26 a Coin
and Sports Card show will be held at the Community Center; March 31 is the date for the annual city-wide Easter
Egg Hunt for children ages 3 - 8. He also stated the Community Center will be closed April 1, 2 and 3 in
observance of Easter. He then mentioned the following events to be held at the Community Center: April 9 the
Antique Folk Art and Pottery Show; April 15 - a free outdoor concert by the Army Ground Forces Dixieland Band;
April 16 doll show and sale; April 23 & 24 Jonquil Spring Arts and Craft Festival; April 23 - Saturday Night at
the Braves. Mr. Ciaccio also announced there will not be a parade this year for the Jonquil Festival.
Councilman Lnenicka called on Chief Hook for a report on the Police Department. Chief Hook stated he did not
have a formal report but stressed the need for expanded public safety facilities. He further stated over the past
weekend our jail, which has a capacity for twenty prisoners, had thirty-one persons actually in jail over the
weekend.
Councilman Lnenicka stated he has scheduled a Ward 6 meeting for April 13 at 7:30 p.m. at the Community Center
to discuss the proposed annexation, rezoning and redevelopment of Creatwood Farm and adjacent property and
urged all interested persons to attend.
Councilman Wood stated the budgeting process is proceeding on schedule and the Finance and Administrative
Department will be working on the budget in the next few weeks.
With no further business the meeting adjourned at 8:48 p.m.
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A. MAX BACON, MAYOR MELI DA DAMERON, CITY CLERK
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JJN PATRICK, ..
JACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2
JAMES M. HAWKINS, WARD 4
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WADE S. LNENICKA, WARD 6