08-01-1994 Regular MeetingAugust 1. 1994
The regularly scheduled meeting of Mayor and Council was held August 1, 1994 at Smyrna City Hall.
The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda
Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Jim Triplett,
City Engineer Ken Hildebrandt, Public Works Director Larry Dunn, Police Chief Stan Hook, Library
Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White,
Chief Building Inspector Scott Stokes and representatives of the press.
Invocation was given by Reverend Charles Thomas, pastor of Bethany Methodist Church followed by the
pledge to the flag.
Mayor Bacon recognized Mary Ann White who introduced Ms. Nita Hudson and Mr. Chris Corey as the
two new staff members of the Human Resources Department.
Mayor Bacon recognized Pat McPherson and Randy Sauder, candidates for State Representative of the
29th District runoff election scheduled for August 9. Both candidates urged everyone to vote in the
runoff election.
CITIZENS INPUT:
Mayor Bacon recognized Liz Hill, 2786 Sanford Place, who complained about a guard rail at Cobb Park
that had to be removed for the installation of a water line. Ms. Hill was upset with the appearance of
the guard rail and Mr. Hawkins and Mayor Bacon both indicated the guard rail would be replaced and
possibly painted a dark green which would be more eye appealing. Ms. Hill also complained about the
parking of vehicles while football practice is being conducted at Cobb Park and stated it was unsafe for
the children and expressed her concern for their safety. Mr. Cramer stated he would instruct the Parks
Director to have the parking space lines repainted and mentioned the possibility of installing speed humps
in that area.
PUBLIC HEARINGS:
(A) Charter Amendment - Civil Service, Section 77
Mayor Bacon referred the charter amendment to Ron Newcomb. Councilman.Newcomb explained at the
last meeting the first of two public hearings was held on proposed changes to the Civil Service Charter.
He further explained the purpose is to change the jurisdiction of the Civil Service Board to an appeals
Board and to move the hiring/promotion and previous functions of the Board into the hands of the Human
Resources Department. Mr. Newcomb stated the Human Resources Department had been working with
the Civil Service Board on the proposed changes and had received input from members of the Police and
Fire Departments and then asked if there was any comment from the public or other members of Council.
He then stated that while they work on some of the changes suggested by the Police and Fire Departments
he recommends postponing the amended changes until the next Council meeting. Councilman Newcomb
then asked if there was anyone present who would like to comment.
Fred Anderson, Fire Department and Norm Johnson, Police Department then read a brief statement as
follows:
"We stand here tonight to thank the Mayor and Council for sitting down with Police and
Fire in the spirit of cooperation as the City attempts to make changes to one of our most
important benefits, the City of Smyrna Civil Service Board. The Mayor and City
Council's willingness to not only listen but to act on the input of the Public Safety
personnel is not only sensitive to today's issue but good business which can only result
in better city government for the people we all work for, the citizens of Smyrna. The
Mayor and the City Council's motion to table these changes til we have a chance to have
further conversation on these changes is the first step in reaching a plateau of agreement.
This open dialogue is truly Total Quality Management, or as we call it around the City
TQM. Special thanks to Councilman Ron Newcomb, Councilman Wade Lnenicka and
of course Mr. Bob Thomson our City Administrator and of course the Mayor and the rest
of Council who have worked directly with us during these pending issues."
Councilman Newcomb thanked Mr. Anderson and Mr. Johnson.
Mayor Bacon then asked if there were any additional comments. There was none.
August 1. 1994 Meeting - continued
Councilman Newcomb made a motion to postpone the issue of the Charter Amendment until the next
meeting of Council (August 15). Councilman Lnenicka seconded the motion. Motion was approved 7-0.
(B) Annexation of Island 10 - LL412, Smyrna Hill Drive, Lake Drive
Mr. Thomson stated notices have been mailed to property owners in the area and that there are 15 parcels
contained in the island and notices as required by State law have been mailed to the affected property
owners. He then stated the only written response received was from Lillie Glassblowers and the
recommendation is to annex the property to become a part of Ward 4.
Councilman Newcomb stated the Community Development Committee has looked at several islands
during the past year.
Mayor Bacon stated this is a public hearing and asked if there was anyone present who wanted to make
public comment.
Mr. Don Lillie, owner of Lillie Glassblowers, stated he would not contest the annexation, but would
expect the Council to pursue the annexatin of all islands, including residential areas.
Mr. Crowe, resident of Cindy Lane, stated the entire street is in the County and he has lived there forty
years and last year when they were told they were being annexed, they all came forward and were told
they would not be annexed and now this year the annexation has been pursued again. He further stated
he has never received any benefits from the City of Smyrna and has lived there for 40 years and all the
dealings he has had with the City have been negative. He stated the City had run a sewer line through
his property and he was told he would receive two sewer taps as compensation and the sewer line would
be 7.5 feet in the ground and it is 3.5 and he can not even get into it. He further stated he was sent a
letter stating that if he wanted to buy the sewer taps before the price went up they would be sold to him.
He also stated he was told by the Mayor at that time, that the lot would be filled in to enable him to get
into the sewer line and that was not done; he also stated the street was dug up and not repaved which took
four years to get the county to fix. He stated he has had horses on the property for thirty years and
according to the City Ordinance they are not allowed. He stated he is against the annexation and does
not feel the city has anything he needs.
Mayor Bacon asked Mr. Crowe if he was promised the two sewer taps during Mr. Arthur Bacon's term
of office and Mr. Crowe responded yes. Mayor Bacon said he would be happy to meet with Mr. Crowe
to discuss the issues mentioned. Mayor Bacon then stated that he felt any property annexed into the City
would be grandfathered under some situations. Mr. Crowe asked what the zoning would be for that
property and Mayor Bacon responded the zoning would not change unless requested by the property
owners.
Mayor Bacon then asked if there was any other public comment. There was none.
Councilman Newcomb made a motion that the property identified as Island 10 and consisting of 19
parcels in Land Lots 411 and 412 of the 17th District, 2nd Section, Cobb County, Georgia, be approved
to become a part of Ward 4 to be effective September 30, 1994, subject to approval by the U. S.
Department of Justice. Councilman Hawkins seconded the motion.
Councilman Lnenicka stated that one of the issues that had come up during the meetings with the Public
Safety personnel was the fact they were responding to calls in the County. He then stated if there is an
issue from a prior administration that needs to be investigated, he was willing to do that with any citizen.
He then stated that unless the property is in the city as of January 1 there are no city taxes due that year
so none of those parcels will pay taxes until November 1995.
Motion to annex the property was approved 7-0.
FORMAL BUSINESS:
(A) Appointment to Housing Authority - Ward 5
Councilman Cramer made a motion that this item be tabled until the next meeting. Councilman
Newcomb seconded the motion. Motion was approved 7-0.
August 1. 1994 Meeting - continued
(B) Bid Opening - Windy Hill Road Sewer Line Installation
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and
read as follows:
Davis Contracting Company
Ardito Ditching and Pipeline Company
D & H Construction Company
$42,700.00
$38,440.00 Base Bid
and $110 for every foot over
$101,866.10 Base Bid and
$541.90 Ga. Sales tax for a
total delivered price of
$102,408.00
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee with a
recommendation brought back before council at the next meeting. Motion was seconded by Councilman
Hawkins. Motion was approved 7-0.
(C) Bid Opening - Acoustical Upgrade for Gymnasium
Mayor Bacon asked if there were any bids in the audience. There were none. One bid was received,
however, Mr. Ciaccio stated he felt there was an error in the return date indicated for the bids and that
the return date should have been August 15, not August 1. Councilman Cramer made a motion the bid
opening for the Acoustical Upgrade for the Gymnasium be tabled until the August 15 meeting. Motion
was seconded by Councilman Lnenicka. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of July 18, 1994 Minutes
(B) Solicit Proposals for Development of Annual Report
(C) Approve Funding for Exterior Lighting at Community Center
(D) Install Speed Humps on Hughes Street
(E) Transfer $18,787.15 from CDBG - church Street Senior Citizen Center Renovation
Councilman Lnenicka made a motion the consent agenda items 7-A, 7-B, 7-D and 7-E be approved.
Motion was seconded by Councilman Newcomb. Motion was approved 7-0.
Councilman Wood made a motion Item 7-C of the consent agenda be approved. Motion was seconded
by Councilman Cramer. Motion was approved 6-1 with Mr. Lnenicka opposed.
COMMITTEE REPORTS.
Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best stated the artist of the month
is Keith Dunn and the book discussion meeting is scheduled for August 2 and the book being discussed
is Parallel Lives.
Councilman Newcomb called on Mary Ann White for a report on the Human Resources Department.
Ms. White reported there is one job announcement for a position in the Library and the closing date is
August 5, 1994.
Councilman Newcomb then asked Scott Stokes for a report on the Stephens Woods Apartments. Mr.
Stokes responded the reinspection of the property began on July 25 and they found there had been repairs
to 90% of the interior of the buildings and that he had received a letter from the management company
the first part of July notifying the City of anticipated funds from HUD. They stated they will not know
the final dollar amount of the funds from HUD until the end of August and therefore he extended the
August 1, 1994 Meeting - continued
exterior repair deadline until November 30, 1994.
Councilman Hawkins asked Mr. Stokes to discuss the possibility of Stephens Woods Apartments installing
a fence between their property and Church Street in order to eliminate foot traffic by people cutting
through from Riviera Apartments to Church Street which is occurring late at night.
Councilman Scoggins asked Ann Kirk, the new Smyrna Clean and Beautiful Director, for a report. Ms.
Kirk reported she had attended training sessions recently in the use of new curriculum guides. She also
encouraged businesses interested in volunteering for the "Adopt A Mile" program and urged them to call
her. She also announced the next "Adopt A Mile" pickup is scheduled for Saturday, October 15, 1994.
Ms. Kirk announced the Work Glove Luncheon is scheduled for August 17 at Ryan's Steakhouse at 11:30
a.m. and the Fall Into Recycling is scheduled for October 8 at Southern States Environmental Services.
Councilman Scoggins asked Kathie Barton for a report as Community Relations Director. Ms. Barton
announced the loth anniversary exhibit of the Smyrna Clean and Beautiful at the Smyrna Museum. Ms.
Barton also announced the birthday celebration of the Smyrna Community Center and Library scheduled
for August 12.
Councilman Scoggins then asked Nancy Hancock, Smyrna Cemetery Association Chairperson, for a
report. Ms. Hancock announced the Smyrna Cemetery Association is selling engraved bricks for
$50/brick. Mr. Scoggins then presented Ms. Hancock with a check for the purchase of two bricks and
challenged the other members of council to buy bricks. Mayor Bacon stated he would meet the
challenge. Councilman Hawkins asked if the purchaser would have the option to have an inscription of
their choice on the bricks and Ms. Hancock responded yes, that was correct. Ms. Hancock reminded
everyone the Cemetery Association is a non-profit organization and therefore the purchase of the bricks
could be used as a tax exemption.
Councilman Scoggins asked Larry Dunn for a report on the Public Works Department. Mr. Dunn
reported the curbing project on Rolling View Drive is still in progres but should be finished soon; the
Fawn Lane creek project has been postponed due to the weather; the pipe and curb has been installed on
Creat Trail; Sanford Place water line has been installed but the guard rail has not been installed; the
containers have been placed on Concord Road.
Councilman Hawkins asked Chief Williams for a report on the Fire Department. Chief Williams reported
the City's emergency warning system has been recognized as being one of the best in the area. He stated
that on July 22 the Fire Department delivered a pump to Newton, Georgia, to assist them with the
flooding problems they were experiencing at their City Hall and that the Fire Department served as a
collection point for the flood victims. He then read a portion of a proclamation received from the
Governor's Office as follows:
"I, Zell Miller, Governor of the State of Georgia, do hereby proclaim August 1, 1994,
as Emergency Management Day in Georgia and urge all of our citizens to join in the
effort to become more aware of Emergency Management and to participate in local and
state-wide drills and other public awareness programs."
Chief Williams stated August 1, 1994, at 12:00 noon the City of Smyrna will sound its emergency sirens
(weather permitting) as well as televising a 30-second message on Smyrna Cable TV channel 9 as our
regularly scheduled monthly test of the emergency warning system.
Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr.
Ciaccio reported the Little League program has an 11 and 12 year old all star baseball team that are the
District Champions with a 3 and 2 record in the District Tournament. The team lost in the semi-finals
State Championship, the team played very well, and this is only the third time in Smyrna's history that
a team advanced to this level. He also announced that eight divers from our newly developed program
qualified for State competition and twenty of our swimming team qualified for this competition. Mr.
Ciaccio reported that on Wednesday, August 10, from 9:00 a.m. to 3:00 p.m. the Community Center
will be hosting a Senior Citizen's Health Fair with a number of doctor's offices staff present to offer free
counseling and testing. He then announced that on August 12 the City will celebrate it's third anniversary
of the downtown development but also, weather permitting, a fireworks display and a fifty-two member
concert band will be performing for the event. There will also be food and drink vendors, free ice
cream, pony rides, a moon walk and other items for the celebration.
August 1, 1994 Meeting - continued
Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook stated there
had been a robbery at the Winn Dixie at Plantation Pointe and his department apprehended the suspect
and recovered the money very quickly.
Councilman Lnenicka expressed his appreciation to the Cobb County Board of Commissioners for their
freeze on apartment rezoning housing which will be in effect from now until May 1, 1995. He also
expressed his disappointment that the Olympic events scheduled to take place at the Cobb Galleria will
not be held there.
Councilman Wood asked Jim Triplett for a report on the Finance Department. Mr. Triplett reported that
as a result of the passage of House Bill 362 the method of billing for the city's business licenses will be
completely changed beginning in November of 1994 for the 1995 licenses. The bill dictates the
businesses will be billed based on one of the following methods; the number of employees in the firm,
the profitability ratio or gross receipts. Mr. Triplett indicated his department would be mailing a survey
to each business in the city asking for information that will assist the city in determining the billing
process and urged each business to please respond to the survey.
With no further business the meeting adjourned at 8:57 p.m.
A. MAX BACON, MAYOR
CITY CLERK
HN PATRICK, WARD 1 RON NEWCOMB, WARD 2
ILL SC06GINS, WARD JAMES M. HAWKINS, WARD 4
JACK CRAMER, WAR�5�
WADE S. LNE ICKA, ARD 6
CHARLES PETE WOOD, WARD 7