07-05-1994 Regular MeetingJuly 5, 1994
The regular scheduled meeting of Mayor and Council was held July 5, 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 Clerk Melinda
Dameron, City Administrator Bob Thomson, City Attorney Charles E. Camp, Police
Chief Stan Hook, Finance Director Jim Triplett, Fire Chief Larry Williams,
Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, City
Engineer Ken Hildebrandt, Personnel Director Mary Ann White, Community Relations
Director Kathie Barton, Public Works Director Larry Dunn, Chief Building
Inspector Scott Stokes and representatives of the press.
Invocation was given by Reverend Chuck Moon, pastor of Tillman Methodist Church
followed by the pledge to the flag.
Mayor Bacon stated that recently an election was held for a vacancy on the three -
member Civil Service Board and John D. Reed, Jr. as the only person who qualified
was elected to fill the position to represent the Fire and Police Department on
the Board. Mayor Bacon then asked Mr. Reed to step forward and administered the
Oath of Office to him. Mayor Bacon then congratulated Mr. Reed and welcomed him'
as an official member of the Civil Service Board. Mr. Reed then stated he would
perform the job to the best of his ability for the City of Smyrna.
CITIZEN'S INPUT:
Mayor Bacon then recognized the following candidates for public office: Judge
Bodiford, Superior Court Judge; Joy Delaney was present on behalf of Craig
Schwall, Public Service Commissioner; Pat McPherson, State Representative,
District 29; Anne Brady, Cobb County School Board.
PUBLIC HEARINGS:
(A) Variance Request - 3063 Vineyard Way - Reduce Front Yard Setback
from 20 Feet to 17 Feet
Mr. Thomson stated Mr. Jack Miller, Miller Construction, is requesting a variance
at 3063 Vineyard Way to reduce the front yard setback from 20 feet to 17 feet
because a house he is building is 3.1 feet over the building line.
Mayor Bacon asked Mr. Miller to come forward and announced this is a public
hearing and asked if there was anyone present in opposition to the granting of
the variance request. There was no opposition.
Councilman Cramer asked Mr. Miller to briefly describe the problem in Vineyard
Way. Mr. Miller explained the house is mislocated by 3.1 feet due to a
misinterpretation of the plot plan. He stated most of the homes in the
subdivision are built on a 40-foot right of way but this particular street has
a 50-foot right of way and that changes the setback requirements.
Councilman Cramer stated he had no problems with the variance request and asked
if anyone had any questions of Mr. Miller.
Mayor Bacon then asked why the City did not notice the discrepancy when the
footings were checked. Mr. Miller responded it was not the fault of the City and
stated it was not even on the plot plan. He further stated you would have to
have a surveyor come back and tell you where the house should be located in order
to conform to the requirements.
Councilman Scoggins asked how a home could be 99% complete before an error of
this type is found. Mr. Miller responded that a foundation survey was not
requird for the construction loan by their lender and for that reason the
encroachment was not discovered until the final survey at completion.
Councilman Cramer then made a motion the variance request at 3063 Vineyard Way
to reduce the front yard setback from 20 feet to 17 feet be approved. Motion was
seconded by Councilman Scoggins. Motion was approved 7-0.
Mayor Bacon then recognized Mrs. Bob Barr on behalf of her husband who is a
Congressional candidate for District 7; Mary Beverly, candidate for Cobb County
Board of Education Post 2.
(B) Abandonment and Conveyance of Right -of -Way on Roswell Road
Mr. Thomson stated the property is located between the properties owned by
Elizabeth B. Davis, 1371 Roswell Street in Land Lot 560, Parcel 74, and Nancy
McGee, 1389 Roswell Street in Land Lot 560, Parcel 75. He further stated the
alley serves no useful purpose to the City and the residents have requested the
conveyance of this property to be equally divided between the twb-property
owners.
Mayor Bacon announced this is a public hearing and asked if anyone was present
in opposition to the granting of the abandonment and conveyance of the right of
way. There was no opposition.
Councilman Scoggins stated that from time to the time the City has the
July 5, 1994, meeting - continued
opportunity to rid itself of some of the properties that has no meaning except
to the residents. He further stated this property is in an older section of town
and the city has no intentions of trying to maintain the property as they are
worthless to the city. Mr. Scoggins then made a motion to approve the conveyance
of the alleyway between the properties of Ms. Nancy McGee and Ms. Elizabeth
Davis. Motion was seconded by Councilman Wood. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Amendment to Bond Schedule - Shopping Cart Violation
Mr. Thomson stated the enforcement of the State law prohibiting the removal of
shopping carts requires an amendment to the bond schedule to establish the bond
amount. He further stated that at the recommendation of both Judges in the
Municipal Court is that the bond for removal of shopping carts be the same as
that for shoplifting violations -- $250 - first offense; $500 - second offense;
$700 - third offense.
Mayor Bacon then stated that Item 4-B under Formal Business is the Ordinance
Amendment for Shopping Cart Violation and called on Mr. Hawkins to handle both
items.
(B) Ordinance Amendment - Shopping Cart Violation
Mr. Hawkins stated there is a State law that indicates if a person removes a
shopping cart from a grocery store and does not return it, they could be
penalized and the City is proposing to adopt a City Ordinance prohibiting the
removal of shopping carts from businesses. Councilman Hawkins then read the
proposed Ordinance Amendment 94-12 as follows:
It shall be unlawful for any person to remove a shopping cart from
the premises, posted as provided in OCGA 16-8-21(d), of the owner of
such shopping cart without the consent, given at the time of such
removal, of the owner or of his agent or employee. Premises shall
include the parking area set aside by the owner or on behalf of the
owner for the parking of cars for the convenience of the patrons of
the owner.
It shall be unlawful for any person to abandon a shopping cart upon
any public street, sidewalk, way, or parking lot other than a
parking lot on the premises of the owner.
Mr. Hawkins then made a motion that the City adopt Ordinance Amendment 94-12 as
listed above. Councilman Scoggins seconded the motion. Motion was approved 7-0.
Councilman Hawkins then stated that based on the recommendation of the Municipal
Judges, the City will amend the bond schedule for these offenses as follows: the
first violation will be $250; the second offense will be $500; and the third
offense will be $700 and made a motion this bond schedule be approved.
Councilman Newcomb seconded the motion. Councilman Lnenicka then asked if the
violations would be against the person removing the carts, not the owner of the
shopping cart and Mr. Hawkins responded that was correct. Mayor Bacon stated
that when he was talking with the management at Bruno's, they indicated they had
lost over 50 carts during the past year and each cart cost in excess of $200 and
therefore represents a substantial amount of money to the stores. Also many of
these carts appear in our creeks and apartment complexes. Councilman Newcomb
stated he supported the ordinance but stated the fines sounded pretty stiff but
that the Judge would use his discretion to levy an appropriate fine and stated
Wards 1 and 2 had experienced a good deal of problems with shopping carts being
abandoned at various locations. Motion was approved 7-0.
(C) Budget Adjustment - Employee Salary Increases
Mr. Thomson stated that pursuant to the across-the-board increase for city
employees, the budget adjustment form is necessary to reflect the increase in
salaries of $46,465 and a FICA adjustment of $3,555 for a total of $50,020. He
indicated this does not represent the entire amount but the amount of increase
over the previously budgeted amount.
Councilman Wood stated when the FY95 budget was adopted on June 20, 1994, it
included a provision for salary increases for city employees based on merit
increases but this provides an across-the-board increase to all city employees
and the adjustment is necessary in order to accommodate that increase. He
further stated this amount will come from the FY94 operating surplus. Mr. Wood
then made a motion to approve the budget adjustment in the amount of $50,020.
Councilman Scoggins seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS: There were none.
BID AWARDS: There were none.
CONSENT AGENDA:
July 5, 1994, meeting - continued
(A) Approval of June 20, 1994, Minutes
(B) Approval to Send Notification to Annex Island 10
(C) Approval to Advertise Charter Amendments - Civil Service Board
(D) Approval to Return Equicomp Study to City Administrator for Further Study
(E) Approval of Contract with Cobb County School Board - Use of B. B.
Williams Field
Councilman Scoggins made a motion the consent agenda be approved. Councilman
Lnenicka seconded the motion. Councilman Newcomb made a motion that Item 7-E,
Approval of Contract with Cobb County School Board - Use of B. B. Williams Field
be separated from the other items on the consent agenda for the purpose of
hearing input from Ms. Anne Brady, member of the Cobb County School Board.
Mayor Bacon then stated the vote to approve the consent agenda would be on Items
7(A), 7(B), 7(C) and 7(D). Councilman Newcomb made the motion to approve those
items, motion was seconded by Councilman Hawkins. Motion was approved 7-0.
Mayor Bacon then stated item 7(E) Approval of Contract with Cobb County School
Board - Use of B. B. Williams Field would be open for discussion.
Councilman Cramer asked Anne Brady, Cobb County Board of Education, to come
forward. Mr. Cramer stated the City has been working with the Board of Education
and Steve Ciaccio of the Smyrna Parks and Recreation Department for over a year
now for the use of this field. Ms. Brady stated this field is across the street
from Wills School and has been somewhat abandoned by the school system. She
further explained the school does not support the use of the field unless it is
directly associated with the school day and the field has basically deteriorated
to a state of disrepair. She then stated that the school system has agreed to
turn the field over to the City of Smyrna and let it be upgraded for a couple of
baseball fields, soccer fields and possibly another use which will allow the
community to benefit from the use of the field.
Councilman Cramer stated he felt this is a win -win situation for the citizens of
Smyrna as well as the school system and expressed his appreciation to Ms. Brady
and the school board for their cooperation in this matter.
Steve Ciaccio, Director of Parks and Recreation, expressed his appreciation to
Ms. Brady for her efforts in allowing the city to use the field.
Councilman Cramer made a motion to approve the contract with Cobb County School
Board for the use of B. B. Williams Field. Motion was seconded by Councilman
Wood. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best
reminded everyone the Book Discussion Group meeting is July 6. Mr. Patrick
stated that the art display during the month of July is Tara Lee and the exhibit
will be on the second floor of the Library.
Councilman Newcomb asked Mary Ann White for a report on the Human Resources
Department. Ms. White stated there is only one job announcement and it is for
an Emergency Management Clerk - part time - under the direction of Fire Chief
Larry Williams who has been recently appointed as Emergency Management Director.
Councilman Newcomb then asked Scott Stokes, Chief Building Inspector, for a
report on the Community Development Department. Mr. Stokes thanked the Mayor and
Council on behalf of his department for the recent across-the-board raise.
Councilman Newcomb then asked Mr. Stokes for an update on the Stephens Woods
apartment renovations. Mr. Stokes responded the apartment complex was to have
submitted a tentative schedule for repairs to the exterior of the property and
the roof repairs to the City by the end of June and as of today's date that has
not been received. The final deadline for repairs is July 24 and the next
scheduled re -inspection date will be July 25, 1994.
Mayor Bacon asked Mr. Stokes if he had seen any noticeable improvements on the
property and Mr. Stokes responded the repairs being done are interior repairs and
would not be visible from the outside at this time.
Councilman Scoggins asked Kathie Barton for an update on the Smyrna Clean and
Beautiful Department. Ms. Barton stated there is an "Adopt -a -Highway" project
on July 30 and stated she needs more volunteers for that project.
Councilman Scoggins asked Larry Dunn for a report on the Public Works Department.
Larry Dunn and Ray Curtis both thanked the Mayor and Council for the recent
across the board raise for the city employees.
Councilman Hawkins asked Chief Larry Williams for a report on the Fire
Department. Chief Williams reported the citizens survey is now complete with
responses returned by 762 people and there were only three people who indicated
the quality of service was less than satisfactory.
Chief Williams then stated that effective July 5 with the cooperation of Smyrna
Cable TV now has the capability to interrupt any programming for bulletins
July 5 1994 meeting - continued
pertaining to the weather if there is a problem with Smyrna's siren system for
inclement weather warning bulletins.
Councilman Cramer asked Steve Ciaccio for a report from the Parks and Recreation
Department. Mr. Ciaccio stated the fireworks scheduled for July 4 have been
rescheduled for August 12 in conjunction with another free concert on the Village
Green. He then announced there will be a concert on July 22 on the Village Green
with the "Flaming A's" performing and there will be a Canine Frisbee Competition
on July 16 at 9:30 a.m.
Councilman Cramer then announced he will be hosting a Ward 5 community meeting
at 7:00 p.m at the community center on July 12 which will be televised on Smyrna
Cable TV channel 9.
Councilman Lnenicka stated he did not have a report from the Police Department
this evening.
Councilman Wood asked Mr. Triplett for a report on the Finance Department. Mr.
Triplett stated the final version of the budget will be available in
approximately four weeks and urged anyone who wanted a copy to please come by and
pick up a copy. He also stated the published financial report should be
available by the last of September.
Mayor Bacon then stated he had received a letter of resignation from Donnie
Byrge, the Mayor and Council appointee to the Civil Service Board. He further
stated Mr. Byrge has served the Civil Service Board since 1987 but is regretfully
resigning from that position due to the out of state travel and time commitments
that are required for his position on the Board. Mayor Bacon expressed his
appreciation to Mr. Byrge for his years of service. Mayor Bacon stated the
Council would have to reappoint someone to this vacancy in the very near future.
Mayor Bacon then recognized Ms. Anne Brady and Mary Beverly who remained for the
entire council meeting.
With no further business the meeting adjourned at 8:31 p.m.
A. MAX BACON, MAYOR
MECI'ND_A DAM^EIRON, CITY CLERK
RON NEWCOMB, WARD 2 f
M. HAWKIN,S,) WARD
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