02-17-1997 Regular MeetingFebruary 17, 1997
The regular scheduled meeting of Mayor and Council was held 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 Howard Smith, City Clerk Melinda Dameron, City
Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant
Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks
and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel
Technician Chris Corey, City Engineer Ken Hildebrandt, Community Relations Director Maryclaire
Andres, Administrative Assistant Susan Hiott, and representatives of the press.
Invocation was given by Reverend Grady Love, Smyrna Presbyterian Church, followed by the pledge
to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Garry Osborne, candidate for the School Board Post 2 vacancy. Mr.
Osborne urged everyone to vote in the March 18, 1997, election.
PUBLIC HEARINGS:
(A) Alcoholic Beverage License - Agent Change Only - Retail Pouring - Liquor, Beer and Wine -
GMRI, Inc., D/B/A Red Lobster #392 - 2579 Cobb Parkway
As background, Mr. Smith stated this is an agent change only. Kim Thi Trang has been given a copy
of the Alcohol Beverage Ordinance, and the Business License Officer has gone over the guidelines
with Ms. Trang. Ms. Trang has been living in Cobb County for 5 years, and the police investigation
revealed no problem with this request. Her residence is 438 Chester Street, Marietta, GA. Mayor
Bacon stated this is a public hearing and asked if anyone was present in opposition of the granting of
this agent change request. There was none.
Councilwoman Capilouto asked Kim Thi Trang if she was employed by the Red Lobster on Cobb
Parkway as the manager and asked how long she had been the manager. Kim Thi Trang stated she is
not a manager but has been an employee for seventeen years. Councilwoman Capilouto then asked if
she ;was employed at this location and asked how many hours a week Ms. Trang worked. She
answered that she worked approximately 45 hours a week. The General Manager of the Red Lobster
Restaurant, Linda Otte, stated that Kim was chosen because she is a resident and homeowner of this
area which is a requirement of the City in order to hold this license. Councilwoman Capilouto asked
Kim Thi Trang if she understood that she would be personally held responsible, brought before the
City Council and court, and personally fined, if there is any problem at this restaurant or if any of the
employees serve to a minor or if the police do a sting operation and find violations of the City's
alcohol ordinance. Councilwoman Capilouto asked Ms. Trang if she was willing to take this
responsibility on, and had received and understood the City's information on City ordinances
pertaining to alcoholic beverages. Kim Thi Trang answered yes. Councilwoman Capilouto asked if
she had held a°licenses before. Kim Thi Trang answered no. Mayor Bacon questioned City Attorney
Chuck Camp if the applicant, according to the ordinance, had to also be the manager. City Attorney
Chuck Camp replied that the ordinance states that the applicant of a corporation shall be full time in a
managing capacity; therefore, the applicant would have to be some type of a manager to have some
control over the other employees. Mayor Bacon asked if Ms. Trang acted in this described capacity
as a manager. General Manager, Linda Otte, answered that Ms. Trang is not a manager, but is a key
employee. Upon request of Mayor Bacon, City Attorney Chuck Camp cited the ordinance as "where
the applicant is a corporation any licenses for the sale of alcoholic beverages shall be applied for by
and shall be issued to the corporation together with an employee working full time in a managing
capacity on the premises...." Councilwoman Capilouto continued with the ordinance definition of
manager as being "a person who is employed in, or if not paid performs in, a supervisory capacity
having charge of, direction over, or administration of the licensed premises or other premises located
within Cobb County owned by the same person." Linda Otte, General Manager, indicated that Kim
Thi Trang exercised a supervisory position but did not hold a manager title. In response to Mayor
Bacon's request for a description of what she did, Linda Otte stated that Ms. Trang is a key employee
and approves invoices and had ability to work with purveyors. Ms. Otte remarked that she as general
manager has final approval, but Ms. Trang has supervisory abilities within the restaurant. Councilman
Hawkins asked for the job title of Ms. Trang and the area in which she worked. Ms. Otte replied
that she is considered a production worker and she works in the kitchen. Councilman Scoggins
February 17, 1997, meeting= continued
requested that Ms. Otte verify Ms. Trang's duties and position one more time for clarification. Linda
Otte stated that Ms. Trang does have supervisory capacities. City Attorney Chuck Camp asked if she
had authority to go out on the floor and tell•another employee whether they can sell or not sell alcohol.
Linda Otte stated that she had the authority to do this because she had given her the authority.
Councilwoman Capilouto inquired - about how Ms. Trang knows about the other parts of the restaurant
while being in the kitchen. Mayor Bacon suggested to Council that this issue be tabled and to not act
on at this time. Linda Otte stated that Kim Thi Trang had dealt with City Hall's Licenses Department
and thought she had met all of the guidelines required. Mayor Bacon stated that if for some reason
there was a violation, Ms. Trang would be liable and required to come before the Council as a license
holder.. Mayor Bacon indicated that although the City had not had any problems with this location and
that more food is sold than alcohol, the request should be tabled until the first Council meeting in
March to allow more time to verify that Ms. Trang qualifies to hold the licenses. He recommended
that she talk with Mr. Smith further. Councilwoman Capilouto agreed. Councilman Hawkins inquired
about the alcohol ordinance requirements of other cities where Red Lobster was located. Linda Otte
answered that long term employees who lived in the other areas held the licenses but' in this situation
there was not another manager who lived in the area. Mr. Smith, City Administrator, informed Ms.
Otte that the Finance and Administration Committee meeting was to be held Tuesday night and invited
her to attend the meeting for further discussion. Councilman Capilouto moved that the privilege
alcohol application for Kim Thi Trang of the Red Lobster at 2579 Cobb Parkway be tabled for the
March 3, 1997 meeting. Wade Lnenicka seconded the motion. Was approved 7-0.
(B) Alcoholic Beverage License - Retail Package License - Beer and Wine - Kay Supermarkets,
Inc., D/B/A Super Giant Foods - 3240 South Cobb Drive
As background, Mr. Smith stated this is a new application and Yeun Sung Yim is currently living in
Cobb County and has resided in the County for 12 - years. The Police Department investigation
revealed no problem with the application. Mayor Bacon stated this is a public hearing `and asked 4f
there was anyone present in opposition to the granting of this license request. There was none.
To verify, Councilman Hawkins asked Mr. Yim if the store, located in the old Winn Dixie shopping
center, would be called Kay Super Giant, and asked if he had any other stores in the metro area. Mr.
Yim 'stated that this was store #5 of 6 stores in Atlanta area, and that he owns two stores - one in
northwest Atlanta and one in Dekalb County. He mentioned that both stores have a beer wine licenses,
one being in Atlanta.since 1985,.and have had no problems with either store. Councilman Hawkins
noted for the record that tho'Symrn& ?olice Department investigation revealed nothing to preclude Mr.
Yim from obtaining the license and all other requirements of the alcoholic beverage ordinance appear
to have been met. Councilman Hawkins asked, Mr. Kim if he had read and understood the alcoholic
beverage ordinances of the City, and Mr. Kim replied that he understood. In response to Mayor
Bacon's questions about the store, Mr. Kim remarked that the 27,000 foot; independent owned grocery
store would have a meat department, produce, and - deli section. Councilman Hawkins made a motion
that the retail package licenses (beer , and wine) be approved for Super Giant Foods. Motion was
seconded. Councilman Pete Wood asked what the hours were, when he planned to open the store, and
if he -had applied for a business licenses yet. Mr. Kim. stated 8:30 a.m. - 10:00'p.m. Monday -
Saturday and Sunday 8:30 a.m. - 7:00 p.m. and plans to open March 8 or -March 12. He had applied
for a business license.: Motion was approved 7-0.
(C) Alcoholic Beverage License - Retail Pouring License - Beer, Wine and Liquor - Paco Mexican
Restaurant - 2528 Spring Road
As background, Mr. Smith stated this is a new application and Simon Chan has been given a copy of
the Alcohol Beverage Ordinance, and the Business License Officer has gone over the guidelines with
Mr. Chan. He is currently living in Cobb County and resides at 1037 Greyfield Drive, Marietta, GA.
He has been a resident of Cobb County for 16 years. Mayor Bacon stated this is a public hearing and
asked if there was, any. opposition to the granting of this licenses. Three people indicated opposition
and were sworn in.
Councilwoman Capilouto inquired if the establishment for the retail pouring licenses was 600 feet from
the school located next door, and commented that it seemed closer than 600 feet. Mr. Chan said he,
as a licenses holder, had a restaurant there in 1982 before moving to new location. He remarked that
he did not know school was located there at that time, and the City approved his licenses.
February 17. 1997, meeting - continued
Councilwoman Capilouto indicated that was before her appointment and was not aware of the situation
during that time period. Attorney Eldon L. Basham noted that Mr. Chan is relying on and meets the
requirement of Section (e) of Section 6.118 of the Alcoholic Beverage Ordinance which indicates that
an application for a new license may not have to apply to the distance rule if applicant applies within a
period of one year.from the expiration of the previous licenses. Attorney Chuck Camp clarified that
licenses were revoked due to being a problem location. He asked Attorney Basham what was the date
of revocation, and then stated that was the date to work with. Attorney Basham did not have the date
at that time. Mayor Bacon prompted Mr. Chan to discuss his connection with the previous licenses
holder , called On and On, in which the licenses were revoked. Mr. Chan pointed out that he was the
owner of the building but he did not manage the place. He expressed that he had a hard time trying to
get the previous tenants out of the building. He explained the previous tenant owed him six months
rent, and because the tenant had filed bankruptcy, he had spent $6,000 in lawyer fees to get him out of
the building. Upon Mr. Chan's statement that , the previous licensee had nothing to do with him,
Mayor Bacon expressed his concern that the location was a problem location and had been in the past;
for example, selling to fourteen years old. Mr. Chan responded that this was a management problem.
Mr. Smith pointed out, according to the legal department, that this is a licenses that was revoked and
not expired; therefore, this is a different issue for .interpretation and an important consideration
regarding grandfathering with the school. Attorney Basham stated that Mr. Chan had applied within
the one year. After questioning, review, and discussion about. the date of expiration, of previous
licenses and date of new application, Councilwoman Capilouto concluded that she had information
indicating that the date the license was revoked was August 21, 1995 and Mr. Chan's application was
received August 20, 1996.
Councilman Pete Wood asked Mr. Chan if Paco Mexican Restaurant was owned by Gonzalez & Chan,
Inc. and if it is a corporate trade name for the corporation. Mr. Chan answered that it ,was a
corporation. He proceeded to ask if it Paco Mexican Restaurant, Inc. is a registered Georgia
corporation. Mr. Chan stated that it was. Councilman Pete Wood indicated that the registration was
not found on file with the Secretary of State Office. Upon Councilman Wood's continued questioning
about the corporation's officers, Mr. Chan verified that Mr. Chan is the registered agent and manager,
and Mr. Gonzalez is the president and running the kitchen. After Councilman Wood summarized that
this location had been a problem in the past and that the license of the previous operator was revoked
for multi violations of the Alcoholic Beverage Ordinance, he expressed his concern that the location,
being in a dense residential area, was in close proximity to a church, day care for children, city park,
and a public elementary school. He pointed out that although the applicant may meet the distance
requirements of some of these facilities, the property line is just a few feet from the property line of
the children's day school. Councilman Wood remarked that he had major concerns about the impact of
this proposed use on the health, safety, and general welfare of the community.
In reference to Mr. Chan's application, Councilman Newcomb prompted Mr. Chan to discuss and
verify other positions held along with locations of Mr. Chan's other restaurants. Mr. Chan confirmed
that he is manager and owner of China Station, 2350 # 10 Spring Road, Smyrna; manager and,partner
of China Moon, Northside Parkway in Buckhead; and manager and partner of the Union Cafe,
Buckhead, which was opened six months ago. Councilman Newcomb questioned how Mr. Chan could
meet the requirements of Smyrna's ordinance requiring a full time manager on site while also
managing three additional restaurants. Mr. Chan responded that he hired supervisors to assist; for
example, China Station has his brother - in law as assistant manager, and he has partners at his other
restaurants. Councilman Newcomb asked if he was the alcoholic beverage license holder for the other
three restaurants. Mr. Chan noted that his wife held the licenses at the China Station and he held the
licenses at the other two locations. Councilman Newcomb inquired if the other jurisdictions assumed
that Mr. Chan would be the manager of those locations. Mr. Chan stated yes, but he could hire people
to manage if they meet the qualifications. Councilman Newcomb expressed his concern that Mr. Chan
could meet the obligations and requirements of Smyrna's Alcoholic Beverage Ordinance as a full time
manager with the responsibilities of three other restaurants. Mr. Chan remarked that he had been
running China Station for 15 years and the China Moon for. 10 years and had never had any trouble.
Attorney Basham noted that Mr. Chan was aware of Smyrna's requirements, but most other
jurisdictions do not require that, so he doesn't have to meet that same obligation at other restaurants
as he does in Smyrna. Councilman Newcomb questioned why Mr. Chan answered in the application
that he did not own the building when he actually does own the building. Attorney Basham stated that
he interpreted the question as asking whether Paco Mexican Restaurant, Inc., the entity, owned the
building, not Mr. Chan. . Councilman Newcomb asked what was, the percent of ownership between
Mr. Gonzalez and Mr. Chan. Mr. Chan replied 25% and the principle owner was Mr. Gonzalez.
Councilman Newcomb asked Mr. Gonzalez to come forward. He proceeded to explain to Mr.
February 17, 1997, meeting - continued
Gonzalez, Attorney Basham, and Mr. Chan that Mr. Chan's answer on the application, being that he
did -not. own the building, 1 suggested that the person who did not own the building was the person who
completed the application, which is Mr. Gonzalez. Also, noting that Mr. Gonzalez was ° 75 % owner
and had -signed as president of the corporation, Councilman Newcomb asked if this is all about getting
Mr. Gonzalez a licenses to sell alcohol at this location. Attorney Basham assured him that all three of
them had filled the application out together, and he had read the application as asking whether Paco
Mexican Restaurant, Inc. was the owner of the building. . He remarked that there was no reason to
hide anything. because he put the lease in to • show that Mr. Chan owned the land. Councilman
Newcomb then asked if Mr. Gonzalez's pending D. U.I. arrest at the time of the application had been
resolved and if it was the first offense. Attorney Basham said it had been resolved and it was his only
time to be charged. Mayor Bacon asked if there was any reason why Mr. Gonzalez was not applying
for the licenses instead of Mr. Chan. Attorney Basham indicated.that Mr. Chan wanted to make sure
he maintained • control of how: the alcoholic beverages were sold on the premises because of past
incidents of the precious licenses holder. CouncilmanLnenicka noted that Mr.- Gonzalez lived, in
Doraville, not Cobb County.
.Councilwoman Capilouto asked who was the secretary of the corporation and Mr. Chan answered that
he was. She stated that as of this afternoon, February 17, 1997, the Secretary of State Office has no
record of him ever filing for corporation status -with them. Attorney Basham said he'would submit to
them the Articles of Corporation and remarked that he did not know why this office did not show this
record. Councilwoman Capilouto asked Mr. Gonzalez if he had been in -business' before, and he
answered that it was his first time. Councilman Hawkins stated that he had voted against the licenses
request for the China Station and the On and On because of the location being near Bethel Baptist
Church. He indicated that he would be consistent with the way he had voted in the past and opposes
this application for a license. Councilwoman Capilouto concluded that the Secretary of State had
advised that Paco Mexican, Restaurant is not in good standing, and they have not filed an annual report
in the last two years and. they do not. have a record of Gonzalez & Chan, Inc. Attorney- Basham
indicated that he did not know why this was because the entity (Paco Mexican Restaurant, ' Inc.) was
formed shortly before the. application .was made. He again indicated that he would bring the Articles
of Corporation to the' Council (Gonzalez & Chan, Inc.).
Mayor Bacon asked ifiMr. -Gonzalez would be applying for. a license in the future provided that the
license is granted tonight. He also questioned the situation of Mr. Chan running three China
restaurants -on site and now applying for, another license for a Mexican restaurant. Mr. Chan answered
that Mr. Gonzalez may: apply if he lives in Cobb -County -and is capable to, do the job. Councilman
Hawkins remarked that the China Station (2350 # 10 Spring Road) was a very fine restaurant and he
had voted for that license. Mayor Bacon instructed Chief Hook to give a report on the previous
location. Chief Hook cited a series of problems that had occurred at the previous location.
Councilman Lnenicka reminded Council that the Police Committee had met the owner of the: On and
'On Bar and Restaurant in late 1994 to talk with them about these problems. However, according to
Chief Hook, in 1995 more problems occurred. • Councilman Capilouto also noted that -letters from
homeowners associations had been mailed to the Mayor in 1991 expressing opposition to the
appearance of this location.
As instructed by Mayor Bacon, others came forth to express their. opinion. Mr. Gonzalez expressed
his desire to exercise his good cooking and provide good Mexican food for the area. Councilman
Newcomb responded that the Mayor and Council's concern was due to the problem location, and need
for -a full time manager. Ms. Sue Brissey, resident of Smyrna; and member of Smyrna Clean.and
-Beautiful, expressed her opposition to the location. Mainly,• she commented that the shopping center
was, in deplorable condition and most of the people were upset with overall condition of the area.
Ken Graham, property owner next door to , the daycare center, stated • as a property owner that he
believed if the restaurant was --allowed to reopen, the same problem would occur again and he was
against the granting of the license. Mrs. Virginia Mayfield, owner of the daycare center and part
owner of the property, noted that there -has always been problems with the property due:to' debris and
smell from dumpsters. She noted-that�she was opposed to the granting of the license. In response,
Mr.- Chan mentioned that he controlled the property when he had his restaurant there from 1982 -
1991, and asked for another chance to show that he could clean up the place.
After summary from Mayor Bacon that the location had been a problem in the past,! Councilwoman
Capilouto moved that the - alcohol beverage, license application for 2528 Spring -Road be denied due to
the fact it was located too close to a school and church, the location had been a problem in "the past,
February 17. 1997 meeting - continued
and the report from the Secretary of State was unsatisfactory
carried 7-0.
FORMAL BUSINESS:
(A) Appointment to 125 Year Anniversary Task Force - Ward 2
Motion was second. Motion was
Ward 2 Rich and Barbara Hellman, Highland Drive
(B) Bid Opening (97001) - Finn T-30 Hydro Seeder (1) -Public Works Department
Mayor Bacon asked if there were any bids in the audience. There was none.
Mr. Stokes stated these bids were for a hydro seeder which would be used on the trailer.
When backfielding curves for curve and sidewalk projects, the hydro seeder would hydro seed the
yards vs. manually throwing out the seed and straw. This will be a more effective way to produce
grass for citizens.
Malcomb Enterprise
$ 9,846.00
Wolbert & Master, Inc.
11,650.00
Delta Landscape Supply of Ga.
10,080.00
Merritt Seed Co.
11,810.00
Finn Corp.
10,889.00
Councilman Jim Hawkins made a motion the bids be turned over to the Public Works Committee for
their review with a recommendation to be brought back before Mayor and Council at the next Council
meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
(C) Bid Opening (97002) - Ferris HW 48 KA, Single Hydrostatic Drive Commercial Mowers (2) -
Public Works Department
Mayor Bacon asked if there were any bids in the audience. There was none.
Mr. Stokes stated these were riding lawn mowers.These will be used to do all right of ways instead of
the push mower method.
Gwinnett Auto Parks $ 6,601.00
Georgia Turf and Tractor 6,234.50
Councilman Jim Hawkins made a motion the bids be turned over to the Public Works Committee for
their review with a recommendation to be brought back before Mayor and Council at the next Council
meeting. The motion was seconded by Councilman Bill Scoggins. Motion was approved 7-0
(D) Bid Opening (97003) - Asphalt Work - Jonquil Park Pool
Mayor Bacon asked if there were any bids in the audience. There was none.
Mr. Ciaccio stated this asphalt work was for improving a gravel parking lot at Jonquil Park and
resurface an existing parking lot and make some changes to a roadway that comes off Park Drive back
to the parking lot.
Athens/Atlanta Asphalt $ 42,750 (Envelope was opened and retaped)
35,460 (Also received for same company)
Baldwin Asphalt 26,606
C. W. Matthews Contracting 35,830
Councilman Bill Scoggins made a motion the bids be turned over to the Parks and Recreation
Committee for their review with a recommendation to be brought back before Mayor and Council at
the next Council meeting. The motion was seconded by Councilman Jim Hawkins. Motion was
approved 7-0.
February 17, 1997 meeting - continued
(E) Bid Opening (97004) - Tolleson Pool Deck Replacement
Mayor Bacon asked if there were any bids in the audience. There was none.
Mr. Ciaccio stated this is a bid replacing the concrete pool deck around Tolleson Pool due to possible
health hazards, major cracks, constructional problems n removing it prior to installing the pool liner.
Mayor Bacon inquired why some work was already started at Tolleson Pool, and if the item budgeted
was a budget item. Mr. Ciaccio replied that the bid was a budgeted item (under bond money) and that
work had already been started in order to have the pool ready for opening date.
A Quality Pool $ 57,378.00
Barnes Stamped Concrete 63,260.75
Councilman Bill 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 Mayor and Council at the next Council
meeting. The motion was seconded by Councilman Jack Cramer. Motion was approved 7-0
(F) Bid Opening (97005) - Pool Shell Replacement at Tolleson Pool
Mayor Bacon asked if there were any bids in the audience. There was none.
Mr. Ciaccio stated that the interior of Tolleson Pool was plaster and has a lot of cracks and have had a
lot of problems over the years. This bid is for a PVC membrane ( a type of plastic) that will line the
pool and will preclude the necessity of having to come back and replaster the pool every couple of
years.
Aquatic Renovation Systems, Inc. $59,482.50
Natare Corporation $56,260.00
Membrane Concepts $57,688.00
Councilman Bill Scoggins made a motion the bids be turned over to the Parks and Recreation
Committee for their review with a recommendation to be brought back before Mayor and Council at
the next Council meeting. The motion was seconded by Councilman Wade Lnenicka. Motion was
approved 7-0
(G) Ordinance Amendment, Section 90-36, Skateboards, roller skates, roller skis, and similar
vehicles
Mr. Smith stated that there has been some concern expressed by citizens for the safety of those that
have been roller skating and skateboarding around the Village Green area. The Parks and Recreation
Committee has responded to these concerns by proposing this ordinance, which is based on ordinances
from other communities.
After discussion, the skateboard ordinance listed below was stated for Mayor and Council's approval
to help avoid injuries and to also prevent damage to City property.
Section 90-36: Bicycles, skateboards, roller skates, roller skis, and similar vehicles:
It shall be unlawful and may be punishable as a misdemeanor for any person to operate or ride a
bicycle, skateboard, roller skates, roller skis, or similar vehicles on any public sidewalk, common
area, of the Architectural Design District, known as ADD-1. No minor shall be charged with offenses
of this section except after failure of such person to obey the lawful warning of an authorized City
officer to cease such operation.
Motion was made by Bill Scoggins that the skateboard ordinance be approved. Motion was seconded
and approved 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Raven Construction - USA Waste - 3001 South Pioneer Drive
February 17, 1997, meeting - continued
Mr. Smith stated this was a request for a permit for the construction of a 6,000 square foot truck repair
building. Mr. Smith asked Mr. Wallace Coopwood to provide some background and address the
concerns mentioned by citizens (that this building may be used as a transfer station). Mr. Coopwood,
along with Councilman Wood's verification, stated that that the building was to be a repair
maintenance facility only to repair USA Waste's containers.
Councilman Wood made a motion that the building permit for Raven Construction to construct a
repair building for USA Waste be approved. Motion was seconded and approved 7-0.
BID AWARDS:
Nothing to report.
CONSENT AGENDA:
(A) Approval of February 3, 1997, Minutes
(B) Approval to Use -Council Chambers - 6-:30 - 9:30 p.m. on Sunday, February 23, 1997, For
Ward 6 Meeting (Cumberland Vail Homeowners Association)
(C) Approval to Request Bids for Uniform Patrol Police Cars (4)
(D) Approval to Advertise for Abandonment and Conveyance of Alley Way - Roswell Road
(E) Approval to Install "No Parking" Signs - Smyrna Hill Drive and Sherwood Road
Councilman Wade Lnenicka made • a motion the consent agenda be approved. The motion was
seconded and approved 7-0.
COMMITTEE REPORTS:
Councilman Pete Wood stated there were no reports from the Human Resources Department or the
Library.
Councilman Lnenicka asked Claudia Edgar, Finance Director, for a report. Ms. Edgar reported that
April 1 was the deadline for the $10,000 tax exemption and encouraged citizens to contact Carolyn
Roberts in the Tax Department for help with paperwork. Qualifications are 62 and older or totally
disabled. Also, Ms. Edgar reminded citizens that wager and sanitation billings may be paid by
automatic draft. She encouraged citizens to contact Bennie Nelson of the Water Department for
assistance with the paper work for this service. Councilman Lnenicka thanked Claudia Edgar and
Howard Smith and Mayor Bacon for their cooperation in implementing some recent changes in the
accounts payable process. The implemented changes will help speed up the.process of payment to the
City's suppliers and City's cost to process the checks.
Councilman Lnenicka stated he would be present for the Cumberland Vail Homeowners Association
meeting on Sunday, February 23, 1997, at 7:00 p.m. Also, he reminded citizens of the Cobb County
Zoning meeting tomorrow morning at 9:00 a.m. regarding the tract on Campbell Road and the tract at
the cul de sac of Ann Road.
Councilman Jack Cramer asked Ann Kirk for a report on Clean and Beautiful and Recycling. Ann
Kirk reported that the City of Smyrna and Clean and Beautiful were recognized as top in the state in
their categories by the Department of Community Affairs. She recognized the efforts of the Public
Works Department for helping the City receive an award for the yard waste program. Also, she stated
that Smyrna Clean and Beautiful was recognized as the top Clean and Beautiful in population category
in the State of Georgia. Ms. Kirk gave a recycling report.
Councilman Jack Cramer asked Maryclaire Andres for a report from the Community Relations
Department. She reported that the Internet site will include a press release page and a calendar events
page. Other projects include the annual report for 1996 and updating the newcomer kits.
Councilman Cramer indicated that he would be making an effort to clean up Ward 5 in March and
April.
Councilman Jim Hawkins asked Scott Stokes to give a report from Public Works. Mr. Scotts reported
on the status of the South Cobb Drive sidewalk project, and encouraged citizens to get free chips and
February 17, 1997, meeting - continued
mulch by calling Public Works for city delivery or come by to the department. Councilman Jim
Hawkins then commended Ann Kirk and volunteers for the fine job in making Smyrna a better place.
Councilman Bill Scoggins asked, Steve Ciaccio to give a report from Parks and Recreation. Mr.
Ciaccio gave a report on the upcoming activities of the Parks and . Recreation Department.
Councilman Bill Scoggins mentioned that the mother of the Community Development Director, Robin
Broyles, had a serious operation this afternoon, and that thoughts and prayers went out to Robin and
his mother.
Councilman Newcomb asked Melinda Dameron and Chief Hook to give reports from their
departments. Ms. Dameron gave a end of the year Court Services report. Chief Hook gave a report
on the last two weeks and then a end of the year report comparing the stats for the first month of the
year compared to last year. Upon the request of Mayor Bacon, Chief Hook explained state mandated
rules and regulations pertaining to jaywalking. Mayor Bacon asked if a city ordinance could be
adopted and enforced. Attorney Chuck Camp replied that the City could not adopt an area that the
state already covers unless the state gives permission in the state ordinance. Chief Hook indicated that
he is seeking other information pertaining to the jaywalking issue. Chief Hook gave some statistics
regarding pedestrian related accidents, and discussion among Mayor and Council followed.
Councilman 'Newcomb reported that Mayor and Council had received a letter expressing pride in
seeing the Smyrna Police Department mentioned in the Atlanta Constitution regarding the
Department's rigorous enforcement of laws and programs , pertaining to -the selling of alcohol to
minors. Councilman Newcomb also reminded citizens of the Cobb County rezoning hearing on
February 18, 1997, in the Commission Building A, on the McKenna property. Councilwoman
Capilouto noted that she had not seen the final plans and did not have an opinion one way or another.
Councilwoman Capilouto indicated that Chief Williams did not have a report .from the Fire
Department. Per Chief Williams' request, she announced that the new fire truck was located at Fire
Station 2 and was in operation.
City Administrator Howard Smith commended Patty Bacon on the Senior Valentine's Banquet and all
of the recreation staff involved in this program. He also recognized Candis Joiner, Deputy Clerk, who
will become a certified municipal clerk in Athens this week. He noted that it takes a number of years
to achieve this certification, and was proud of Candis. He also congratulated Ann Kirk on what she
has done for the City with the Clean and Beautiful program and commended her on the recent awards
won. He concluded by saying that beginning next month, with permission of Mayor and Council, on a
trial basis, the department heads would be -attending the second meeting of each month. However, the
department heads, upon request of the Mayor or Council, would be available for any meeting that
requires his or her presence to address an issue.
Mayor Bacon recognized Curt. -Johnson's attendance.
With no further business, the meeting adjourned at 9:40 p.m.
February 17. 19897. meeting - continued
A. MAX BACON, MAYOR MELINDI DAM ON CITY CLERK
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CHARLENE CAPILOUTO, WARD 1
BILL SCOGGI RD
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JACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD
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RON NEWCOMB, WARD 2