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08-15-1994 Regular MeetingAugust 15, 1994 The regularly scheduled meeting of Mayor and Council was held August 15, 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, Community Relations Director Kathie Barton, Personnel Director Mary Ann White, and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. Mayor Bacon asked Pete Wood to read a proclamation honoring Miss Heidi Lynette Wells, 1995 Georgia Junior Miss. CITIZENS INPUT: Ms. Liz Hill came forward and expressed her appreciation to the Mayor and Council for the installation of a guardrail near her home. She then asked the Mayor and Council about the installation of speed humps on Sanford Place. Mayor Bacon recognized Randy Sauder, candidate for State Representative of the 29th District. Mr. Sauder thanked everyone for their support in the recent run off election and urged everyone to vote in November. Mr. Jackie Aaron, Anderson Circle, came forward and requested a meeting with the Mayor, Bill Scoggins and Chief Hook immediately following the Council meeting. Mayor Bacon indicated they would be happy to meet with Mr. Aaron after the meeting. PUBLIC HEARINGS: (A) Proposed Charter Amendment - Division 4, Civil Service Section 77 Mr. Thomson stated the Human Resources Committee, in conjunction with the City Attorney's office, have had a series of meetings for the adoption of the proposed revisions to the Civil Service Board section of the Charter and indicated this is the final reading of those proposed changes. Councilman Newcomb stated the committee has met with members of the Civil Service Board as well as the City Attorney and have prepared changes in the Civil Service portion of the Charter. He then expressed his appreciation to the members of the Civil Service Board for meeting with the committee and for their assistance in drafting the proposed changes. He also expressed his appreciation to the members of the Police and Fire Departments, as well as the chiefs, for their input to the proposed charter changes. Mr. Newcomb then stated the changes limit the jurisdiction to an appellate jurisdiction of the Civil Service Board from adverse actions and employee grievances that have gone up through the process outlined in the Policies and Procedures Manual of the City of Smyrna and changes several other minor details, such as the term of office being two years beginning with future members of the Board as they are appointed. He further indicated it provides an important safeguard in that any policies that are changed that affect promotions/hiring or appeals processes would be sent to the Civil Service Board for review and comment in writing back to the Mayor and Council. Mr. Newcomb then stated under the proposed changes the chiefs will not be covered under the Civil Service Board. He then indicated this is an issue that may be changed at a later date. Mr. Newcomb then asked if there were any comments concerning the proposed changes. Mayor Bacon then recognized Mike Jones, Fire Department employee. Mr. Jones indicated he had attended several of the meetings that had been held pertaining to the proposed changes. He then expressed the appreciation on behalf of the employees of the Fire Department for the spirit of cooperation that had been shown during the meetings and feels the document is a good one except for the portion that removes the chiefs from the Civil Service. Mr. Jones stated he and the employees of the Fire Department felt that the Charter hand been set up with the Civil Service Board for a reason and the chiefs were included in the Charter at that time. He then stated he felt the Chiefs should be left under the Civil Service Board and hoped the Mayor and Council would give that consideration. Mayor Bacon stated as a result of the meeting held last Thursday night, he felt the proposed changes were acceptable but had received several calls today indicating the employees would prefer the chiefs remain under the Civil Service. Mayor Bacon then stated he would prefer the Council adopt the changes as submitted tonight and perhaps at a later date discussing the issue of removing the chiefs from the Civil August 15. 1994 meeting - continued Service Board. Mayor Bacon then expressed his appreciation to the Human Resources Department and the members of the Police and Fire Departments for their work in drafting the proposed changes. Councilman Newcomb stated he would have preferred that there was unanimity from the officers that the changes are exactly what the employees wanted and regretted there was this item of discussion. He then stated the spirit of cooperation between the Mayor/Council, Human Resources Committee and members of the Police and Fire had been excellent. He then stated the current chiefs would remain under the Civil Service Board but future chiefs would not. City Attorney Chuck Camp stated the present chiefs would remain under the Civil Service but that future chiefs would not. Councilman Hawkins stated he agreed with Mayor Bacon in that he thought there was an agreement as reported at the meeting Thursday night that the proposed changes were acceptable to everyone. He then stated his main concern is that the changes were done in conjunction with the affected departments and allow the input from those employees. He then stated this document, without the chiefs being covered, is exactly the way the Cobb County Civil Service Board operates. He then stated the responsibility of hiring a police or fire chief would be the responsibility of the Human Resources Department which would make their recommendations to the Mayor and Council for final approval. Mr. Hawkins stated he felt the Mayor and Council should act on the changes as presented tonight with the understanding further meetings with police and fire personnel to discuss this issue could be scheduled if necessary. Chief Williams came forward and expressed his thought that the chiefs should remain under the Civil Service Board. Chief Williams stated he was speaking as a Civil Service employee and not as a department head and said he felt this single issue could do more to harm the spirit of cooperation than anything else. He then stated as far as the members of the fire department, 90% of them, are considered this is an undiscussed issue (removal of chiefs from the Civil Service Board). Councilman Newcomb stated the meeting held last Wednesday night, where this issue was discussed, was open to all members of the Police and Fire Department. Mayor Bacon stated the document on the agenda is what was presented to the Mayor and Council at Thursday's meeting and he felt that was the document that was to be voted on tonight and the recommendations presented were the result of the meetings between the Human Resources Department and the members of the Police and Fire Department. Chief Williams stated he understood that but felt the removal of the chiefs from the Civil Service Board is a mistake. Councilman Newcomb made a motion that Sections 77-1 through 77-19 of the Civil Service Section of the Charter, dated 08-15-94, be adopted in place of the current provisions in the City Charter. Councilman Hawkins seconded the motion. Council Lnenicka stated he, would support the motion and expressed his appreciation to the members of the police and fire department for their input. He also stated he would probably prefer the chiefs remain under the Civil Service Board but does not feel strongly enough about that issue to not support the document. He also stated with the passage of this amendment, the Police Department would be authorized to hire entry-level uniform patrol officers. He also stated he is not opposed to discussing the removal of the chiefs from the Civil Service Board at a future date. The motion to adopt the charter amendment, Sections 77-1 through 77-19 of the Civil Service Section was approved 7-0. (B) Variance Request - 1307 Concord Road to Allow Retail Sales in O & I Zoning Mr. Thomson stated Mr. Lee Eubanks is requesting the variance for Illusions Gallery of Mableton for the sale and restoration of high quality art. Mayor Bacon asked Mr. Eubanks to come forward and stated this is a public hearing and asked if there was anyone present in opposition to the granting of this variance request at 1307 Concord Road. There was none. August 15 1994 Meeting - continued Councilman Hawkins asked Mr. Eubanks to describe to the Council his plans for 1307 Concord Road. Mr. Eubanks stated the Illusions Gallery has been in business for approximately ten years in Mableton but they service the north Atlanta and Platinum Triangle area of the offices and homes. He stated Illusions Gallery offers a high -quality, upscale art gallery atmosphere and they will be in the retail and restoration business. Mr. Hawkins asked Mr. Eubanks if the business would comply with all the sign ordinances and in particular the parking requirements which requires five parking spaces for every 1,000 feet of business space. Mr. Eubanks responded yes. Mayor Bacon asked Mr. Eubanks if the Illusions Gallery was planning to keep its Mableton office and Mr. Eubanks responded he did not think so. Councilman Scoggins asked if there were any residences near the proposed business location and Mr. Eubanks responded the buildings near and across the street from 1307 Concord Road are all zoned Limited Commercial. Councilman Wood asked Mr. Eubanks about the curb cuts into the business and Mr. Eubanks responded there were two curb cuts on Concord Road but the business would only be using one curb cut at this time. He also stated there would only be one to two customers at a time in the business and it should not pose any traffic problem for customers entering or leaving the business. Councilman Hawkins made a motion the variance request at 1307 Concord Road to allow retail sales in an 0&1 zoning be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Approval of 1994 Millage Rate Councilman Wood reported the tentative millage rate for 1994 at 11.50 mills had been set at the June 20, 1994, council meeting contingent upon the Cobb County Tax Digest. Mr. Wood then made a motion the 1994 millage rate be set at 11.50 mills. Mayor Bacon stated this is a public hearing and asked if there was anyone present that would like to comment on the adoption of the 11.50 millage rate. There was no comment. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Business License - A-24 Hour Bonding Company Mr. Thomson stated Mr. Robert Neal Corley has submitted an application for the operation of a bail bondsmen company within the City of Smyrna. He further stated the bonding company will only write bonds within Cobb County and the police department investigation revealed nothing that would preclude the issuance of this license. Mayor Bacon asked Mr. Corley to come forward and announced this is a public hearing and asked if there was anyone present in opposition to the granting of this business license for A-24 Hour Bonding Company. There was none. Councilman Hawkins asked Mr. Corley if he had received a copy of the City of Smyrna Ordinances that pertained to the operation of a bail bonding business and if he had read those ordinances. Mr. Corley replied that he had. Mr. Hawkins asked Mr. Corley if he understood the ordinances and would have no problems complying by them. Mr. Corley responded he understood the ordinance and would have no problem complying with them. Mr. Corley stated he has been in the bail bondsmen business for approximately three years. Councilman Hawkins made a motion the business license application for A-24 Hour Bonding Company, 2208 Austell Road, be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (E) Variance Request - 2580 Bates Street - Special Land Use Permit Mr. Thomson stated Ms. Annie Mae Stevenson has applied for a variance for a special land use permit at 2580 Bates Street which would allow her to replace a dilapidated mobile home with a newer model. Mayor Bacon asked Ms. Judy Crawford, daughter of Ms. Stevenson, to come forward. Mayor Bacon announced this is a public hearing and asked if there was anyone present in opposition to the granting of the variance request for a special land use permit at 2580 Bates Street. There was none. August 15 1994 Meetin2 - continued Councilman Scoggins stated this is an instance where the Mayor and Council committed to help the residents on Bates Street to clean up the area and improve the quality of life for those residents. He further indicated this variance request is a hardship case due to health problems of the applicant. He further stated her children have purchased a new trailer for Ms. Stevenson in order for her to live more comfortably. Councilman Scoggins then made a motion that the variance request at 2580 Bates Street for a special land use permit to park a mobile home on the property be approved with the stipulation that this permit be renewed on an annual basis. Councilman Lnenicka seconded the motion. Councilman Newcomb stated he understood this is a special land use permit but wondered if the wording of the motion could include the permit is for a temporary land use permit. Councilman Hawkins asked if when the property was annexed into the city it already had a trailer on the property and as such the city accepted the property as it was. Councilman Scoggins stated he wanted to help Mrs. Stevenson as the city had committed to do. Motion to grant the variance request for a special land use permit at 2580 Bates Street was approved 7-0. FORMAL BUSINESS: (A) Appointment to Housing Authority - Ward 5 Councilman Cramer asked that this item be tabled until the next council meeting. (B) Bid Opening (94007) - Sewer Inspection Camera Mayor Bacon asked if there were any bids in the audience for a Sewer Inspection Camera. There were none. The bids were opened and read as follows: Ratech Electronics, Ltd. Concord Ontario, Canada No Bid Cyclops Electronics Boerne, Texas No Bid Ray Paces Waste Equipment Company Jacksonville, Florida $42,999 Adams Equipment Company, Inc. Snellville, Georgia $50,845 TV Ferret Burnt Hills, New York $39,995 Cues Orlando, Florida $27,797 Aries Industries Sussex, Wisconsin $36,415 Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their review with a recommendation to be brought back before the council at the next meeting. Motion was seconded by Pete Wood. Motion was approved 7-0. (C) Bid Opening (94010) - Copier for Court Services Department Mayor Bacon asked if there were any bids in the audience. There were none. August 15 1994 Meeting - continued The bids were opened and read as follows: All South Copiers, Inc. Marietta, Georgia $ 8,495 Minolta Business Systems Norcross, Georgia $ 8,733.20 TCI $ 6,610 Councilman Hawkins made a motion the bids be turned over to the Court Services Committee for their review with a recommendation to be brought back before the council at the next meeting. Motion was seconded by Jack Cramer. Motion was approved 7-0. (D) Bid Opening (94011) - Ford Trucks for Parks and Recreation Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Tidwell Ford Kennesaw, Georgia $33,618.38* *This bid is for a 1994 F250 4x2 Styleside, Heavy duty long bed truck and one 1994 Crown Victoria Police Interceptor. Councilman Cramer made a motion the bid be turned over to the Parks and Recreation Committee for their recommendation to be brought back before the council at the next meeting. Motion was seconded by Pete Wood. Motion was approved 7-0. (E) Bid Opening (94009) - Acoustical Upgrade for Gymnasium Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Showorks Atlanta, Georgia $22,173 Technical Industries Atlanta, Georgia No Bid Black Engineering Sales $40,766 (Installed) Atlanta, Georgia $26,966 (Materials and freight only) Councilman Cramer made a motion the bid be turned over to the Parks and Recreation Committee for their recommendation to be brought back before the council at the next meeting. Motion was seconded by Jim Hawkins. Motion was approved 7-0. (F) Ratify Action of Hearings Officer - 1478 Spring Street Mr. Thomson stated the hearing was conducted and findings of fact were produced pursuant to Smyrna Code of Ordinances and the staff recommendation is to find in accordance with those ordinances to uphold and ratify the decision of the Buildings Hearings Officer to have the building appraised for determination of its reasonable value for the purpose of repair or demolition. Councilman Scoggins stated the City has tried for some time to get the property owners to clean up the property and has become a drug place and a teen hangout. Mr. Scoggins made a motion that the findings of the hearings officer for the property located at 1478 Spring Street be ratified to either demolish the property or repair it. Councilman Cramer seconded the motion. Motion was approved 7-0. August 15, 1994 Meeting - continued (G) Appointment of Civil Service Board Clerk Councilman Newcomb stated that one of the responsibilities of the Personnel Officer in the department of Human Resources is to act in the capacity of Clerk of the Civil Service Board and in order to act officially in this capacity it is necessary for the council to formally appoint someone to that position. Councilman Newcomb made a motion to appoint Mr. Chris Corey, Personnel Officer, as Clerk of the Civil Service Board. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Appointment to Civil Service Board Mayor Bacon stated this appointment is the Mayor and Council appointee to the Civil Service Board and turned the matter over to Councilman Newcomb. Councilman Newcomb stated the position of the Mayor/Council appointee to the Civil Service Board is currently vacant and made a motion to appoint Mr. Charles Perkins to fill that vacancy. Councilman Lnenicka seconded the motion. Councilman Lnenicka stated Mr. Perkins is a resident of Ward 6 and is a retired U.S. Army Colonel with twenty-nine years of service. The motion to appoint Charles Perkins to the Civil Service Board for a two year term was approved 7-0. Mayor Bacon administered the Oath of Office to Mr. Perkins. The signed Oath of Office is a part of these minutes. (I) Authorize Mayor to Execute Contract between City of Smyrna and Downtown Development Authority. Councilman Wood stated there are certain agreements pertaining to the Downtown Development Authority and the proposed new buildings downtown which is connected to the Heritage Pointe Apartment complex transaction that require the Mayor's signature. Councilman Wood then made a motion that the Council authorize the Mayor to execute the contract between the City of Smyrna and the Downtown Smyrna Development Authority to undertake certain developments in the downtown area of the city. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Windy Hill Road Sewer Line Mr. Thomson stated the bids were opened, read and referred to the Public Works Committee at the last council meeting. The low bid was from Ardito Ditching and Pipeline Company for $38,440, and that is the recommendation of the Public Works Committee. Councilman Scoggins stated this is an extension into some property that was annexed into the city which is Future Commercial at this time. Mr. Scoggins then made a motion the bid be awarded to Ardito's Ditching and Pipeline Company for $38,440. Councilman Wood seconded the motion. Councilman Lnenicka stated he can not support this motion based on the annexation of the property in March. Mr. Lnenicka stated at that time it was made clear that the City could not serve this property with sewer and also at that time some discussion ensued about the possibility of commercial development with the hope that contracts would be signed by April 1 and the City still does not know about any commercial development at that property. Mr. Lnenicka stated he would like to wait and do the sewer line work when the city knows there will be commercial development at that location. Councilman Hawkins stated he was not sure the City ever took a position that we would not furnish sewer to that property. Mayor Bacon stated he remembered that the sewer line was a condition of the annexation and the Church was told at that time the city could not guarantee the installation of a sewer line to the church but they chose to annex anyway and he feels the church is a very important part of Smyrna. He also stated there August 15, 1994 Meeting - continued was some speculation of apartments being built in that area and he, for one, would rather see a church there than four to five hundred apartments and supports the funding of the sewer line to the church out of the R&E Account. Councilman Scoggins stated there was some controversy about future commercial zoning and the pastor stated that if they did not get the future commercial zoning they still wanted to be annexed into the City. Mr. Scoggins stated he is aware of an interest in signing contracts for that property. Councilman Newcomb stated he hopes the commercial interest in the property does prove true but at this time it is not on the table and he can not support the motion. He then stated that in the absence of commercial development on the property he did not feel the citizens should pay $38,440 to provide sewer service to the property but feels the church should pay for the sewer line. Councilman Scoggins stated there are residential dwellings in this same area that will benefit from the installation of the sewer line. Motion to approve the bid award of the Windy Hill Road sewer line to Ardito's Ditching and Pipeline Company for $38,440 was approved 5-2 with Councilmen Lnenicka and Newcomb opposed. CONSENT AGENDA: (A) Approval of August 1, 1994, Minutes (B) Change Date of First Council Meeting in September from September 5 to September 6 (C) Approval to Send Annexation Notices - Island 21 (D) Request for Permission to Issue RFQ's on Church Street Senior Aquatics Facility (E) Approval to Request Bids for Automatic Door Openers at Community Center and Library Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best reported the Summer Reading Program was very successful with 586 children registered and 247 of them completed the basic requirements (42% completion rate) and 127 children completed the Bonus section of the program and congratulated all the children who participated in the program. Councilman Scoggins complimented the City on its fireworks display on August 12. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White expressed her sympathy on behalf of the City to Mr. Scott Stokes, Chief Building Inspector for the City, on the death of his father last Friday. Ms. White stated the Human Resources Department has formalized a group of contact persons throughout the city for the dissemination of information to the departments. The members of the group are Cathi Jones, Communications; Carol Cowan, Community Development; Betty Longdin, Court Services; Barbara Dean, Fire Department; Rita Davis, Library; Lynda Green, Parks & Recreation Department; Paula Cannon, Police Department; Brenda Barrett, Public Works Department and Nita Hudson from Human Resources Department. Ms. White reported there are a couple of job positions still open. The positions are for Communications Operators and Parks Superintendent. Councilman Newcomb stated the Cobb Department of Transportation hopes to have something finalized on the Spring Road project in the next few weeks for review. Councilman Newcomb stated the City is trying to have the debris dumped at the detention pond in the Highlands area removed. Councilman Scoggins asked Nancy Hancock for an update on the Cemetery Commission. Ms. Hancock reported she is working with Kathie Barton on brochures that will be available to the public and hopefully they will be complete soon. Ms. Hancock reported the fund raising project "Pathway of Honor" has raised $600 toward the $20,000 goal. Aujzust 15, 1994 Meeting - continued Councilman Scoggins called on Kathie Barton for a report on the Public Relations Department. Ms. Barton thanked the local newspapers for their coverage of the third anniversary celebration of the Community Center and Library and also expressed her appreciation to WSB radio and television for their all -day attendance on Friday. Ms. Barton stated she will be mailing out the Request for Proposals for the preparation of the Annual Report this week. Ms. Barton reported the holiday sanitation schedule will be on the current water bill and urged all residents to make note of any changes that might affect their sanitation schedule. Councilman Scoggins asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk reported the curbside recycling for the month of July reflects a 73% participation rate. Ms. Kirk announced the Annual Work Glove Luncheon at Ryan's Steak House on Wednesday, August 17, at 11:30 a.m. and the loth anniversary party of Smyrna Clean and Beautiful will be August 30 at the Community Center at 7:00 p.m. Councilman Scoggins asked Larry Dunn for a report on the Public Works Department. Mr. Dunn reported the curbing work has finished on Rolling View Drive with landscaping remaining to be done on two yards; Sanford Place guard rail has been installed and painted; Fawn Lane creek work has been finished; creek work has begun on Chateau Lane; curbing on Bates Street has begun and the speed humps have been put on Hughes Street. Councilman Hawkins asked Larry Williams for a report on the Fire Department. Chief Williams reminded everyone that during inclement weather, the emergency management warning system is available on television in addition to the sounding of the warning sirens. Councilman Cramer called on Parks Director Steve Ciaccio for a report on his department. Mr. Ciaccio reported on August 10 the Community Center hosted a senior health fair with 132 seniors participating in the event. Mr. Ciaccio stated the concert and fireworks program on Friday, August 12, was very successful. Councilman Lnenicka stated there is no report from the Police Department tonight. Councilman Wood asked Jim Triplett for a report on the Finance Department. Mr. Triplett reported approximately 500 surveys have been returned from the various businesses located in the city asking their input for the method of billing for license this coming year and reminded all businesses the deadline is Friday, August 19. He then stated that upon completion of the surveys, the information will be turned over to the Technical Services Division of the Georgia Municipal Association who will be assisting the City in the compilation of the information. Mr. Triplett stated the property tax bills should be mailed the second or third week of September with a due date of sixty days from the date of the bill. Councilman Newcomb stated the term of office for Mr. Perkins will be two years. Mayor Bacon recognized John Young, retired police department major, who was in attendance at the meeting. Mayor Bacon stated retired police lieutenant Ray Ferguson passed away Saturday evening and expressed his condolences to his family. Mayor Bacon reported that Lex Jolley died this past week and expressed his condolences to his family. Mayor Bacon stated there was an item on the agenda pertaining to the CCT which was removed this afternoon. Mr. Bacon indicated the city has had some problems with CCT for the last two years and cited the unsightly appearance of the bus stops. He then indicated he had removed that item from tonight's agenda but the issue will be discussed at a meeting with CCT this Thursday and will report his findings from that meeting back to Council. August 15 1994 Meeting - continued With no further business, the meeting adjourned at 9:10 p.m. A. MAX BACON, MAYOR CHARLES PETE WOOD, WARD 7 MELINDA DAMERON, CITY CLERK �2, A�JC*%.k RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD L /�:�!.:i4"4w—_ o MEMBER OF THE CIVIL SERVICE BOARD I, Charles Perkins, do solemnly swear that I will well and truly demean myself as a member of the Civil Service Board of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as a member of the Civil Service Board act as I believe for the best interest of the said city. So help me God. Charles Perkins Civil Service Board Subscribed and sworn to before me on this 15th day of August, 1994. A. Max Bacon, Mayor