04-19-1999 Regular MeetingApril 19, 1999
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, Public Works Director Scott Stokes, Police Chief Stan Hook, Library
Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful
Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken
Hildebrandt, Community Development Administrative Assistant Carol Cowan, Community
Relations Director Maryclaire Andres and representatives of the press.
Invocation was given by Councilman Hawkins, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon asked Maryclaire Andres to come forward and present a check to Campbell High
School. Mayor Bacon also asked Campbell High School Principal Judy Whaley to come
forward. Ms. Andres stated Smyrna's First Night of Comedy, an idea from Councilman
Scoggins, was a huge success and was staged to benefit Campbell High School Music and
Drama Programs. Mayor Bacon presented Ms. Whaley a check for $1,000 from the City of
Smyrna to be used by the school for their music and drama programs. Ms. Whaley thanked the
Mayor and Council for their support.
Mayor Bacon asked Parks Director Steve Ciaccio to come forward and recognize the 1999 City
of Smyrna basketball All Stars for boys 14 years of age and under. Mr. Ciaccio stated this
team was the Georgia Recreation and Parks Association District 5 Champions, the Georgia
State runner-ups and the Cobb County runner-ups. Mr. Ciaccio asked Mayor Bacon to come
down and present individual certificates to each player as he announced their names. Mr.
Ciaccio then asked Coach Jimmy Klein and Senior Division Coordinator for the Smyrna
Athletic Association to come forward. Mr. Klein presented Mayor Bacon with the trophy they
won to the city as a token of the SAA's appreciation for everything the City of Smyrna has
done for them.
Mayor Bacon recognized Cobb County Commissioner Joe Lee Thompson and Jim Croy, Cobb
County Director of Transportation. Commissioner Thompson and Mr. Croy presented an
update of the 1985, 1990 and 1994 T.I.P. road programs.
Mayor Bacon asked Councilman Hawkins to read a proclamation announcing Smyrna Crime
Victims' Right Week as April 25 to May 1, 1999.
PUBLIC HEARINGS:
There were none.
FORMAL BUSINESS:
(A) Appointment to Senior Citizens Advisory Council - Ward 6
Councilman Lnenicka stated James and Faye Pair have served on this Board since it was
formed several years ago, however, due to health concerns they are resigning from the
committee. Councilman Lnenicka made a motion that Robert (Bob) and Dale Hudgins, 3710
Hickory Circle, Smyrna be appointed to serve as the Ward 6 representatives to the Senior
Citizens Advisory Council. Councilman Wood seconded the motion. Motion was approved 7-
0.
(B) Mayor's Appointment to Veterans Memorial Association of Smyrna, Inc.
Mayor Bacon stated he would like to appoint Joe Bland to serve on the Veterans Memorial
Association of Smyrna, Inc. board. Councilman Cramer made a motion that Joe Bland be
appointed to serve as the Mayor's appointee on the Veterans Memorial Association of Smyrna,
Inc. Board. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
April 19, 1999 meeting - continued
(C) Approval of Proposed Retirement Plan/Ordinance
Mr. Smith stated this is part of a comprehensive improvement to the benefits programs for the
employees of the City of Smyrna. Mr. Smith further stated last fall the Human Resources
Committee bid out and the council contracted with The Segal Company to undertake an
actuarial study and to review the retirement program and make recommendations as to how the
city could enhance the program. Mr. Smith stated what is being brought before the council
tonight is the result of The Segal Company's recommendations and the city's work with the
Georgia Municipal Association to revise a retirement program for the city's employees. Mr.
Smith stated this Ordinance creates a new retirement program and employees will be able to
choose to remain in the existing program or enroll in the new plan. Mr. Smith stated all new
employees will automatically go into the new retirement program. Mr. Smith stated this
program will increase the city's contribution from 5.225% to 7.49% of payroll; employees
contribute 3.25 % of their pay. Mr. Smith stated this program is patterned after the rule of 80 -
which permits the employee at age 55 with 25 years of service to retire.
Councilman Wood asked Chris Corey, Director of Human Resources, to come forward. Mr.
Wood stated the city engaged the services of The Segal Company last summer to do an actuarial
study with the idea of determining how the existing retirement plan compared to other plans and
what could be done to enhance it, how much that would cost, and evaluate various options.
Mr. Wood stated the employees will soon be asked to make a choice of the retirement plan they
wish to participate in.
Mr. Corey stated he wanted the employees to understand that each individual employee does
have a choice of these two plans and will be allowed to either stay in the current retirement plan
or participate in the new plan.
Councilman Hawkins stated in the twenty years he has served on council, he feels this is one of
the largest steps forward that he has seen as far as a real, tangible benefit for the employees and
hopes that each employee will seriously look at the plan. Mr. Hawkins stated an improved
retirement plan is something he has advocated for years.
Mr. Corey expressed his appreciation to the Mayor and Council, on behalf of the majority of
the employees that are in favor of this new plan, for the time and effort put into this particular
retirement plan.
Mayor Bacon asked Mr. Corey if this plan is approved tonight, when will the employees
receive information about the program. Mr. Corey stated the employees will receive benefit
statements that will be mailed this week and meetings with all employees conducted by The
Segal Company beginning the week of May 3 and go through May 14, 1999. Mr. Corey stated
these meetings will allow the employees to bring their benefit statements and ask questions
about each individual retirement plan. Mr. Corey stated his department is always available to
answer the employees' questions about the plan. Mr. Smith stated that if the council approves
the plan tonight, the program will go into effect July 1, 1999, and the first person eligible to
retire under this program will be able to do this January 1, 2000 - an initial vesting period of
six months for every employee before they could declare their retirement intention. Mr. Smith
stated the city's investment in this new retirement program will increase from $450,000 to over
$660,000 and represents a substantial commitment on the part of the Mayor and Council.
Mayor Bacon stated the methodology and the implementation of this plan is not something new
and stated while the plan is not quite as good as Cobb County's retirement plan it is very close
and competitive. Mayor Bacon stated he thinks the city employees will be pleased and satisfied
with the new proposed plan.
Councilman Wood stated The Segal Company and GMA's benefit organization told the city this
is a major enhancement and he feels this is a major step forward and shows the employees the
elected officials care about this benefit that is so important to them. Councilman Wood made a
motion that the proposed retirement plan and ordinance associated with that be approved.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(D) Approval of Resolution and Authorize Mayor to Sign and Execute the Retirement Plan
Documents
Councilman Wood stated this motion is necessary to approve the various documents that are
required to implement the plan. He further stated the purpose of the resolution is to authorize
April 19, 1999 meeting - continued
the Mayor to sign on behalf of the City and the council as the Board of Trustees, the following
documents:
• Retirement Plan/Ordinance for the employees of the City of Smyrna effective July 1, 1999.
• Letter of Engagement between the city and the actuarial firm of Towers Perrin.
• Administrative Services Agreement between the Board of Trustees of the restated
Retirement Plan and the Georgia Municipal Employees Benefit System to be effective July
1, 1999.
• Trust Agreement between the City, the Board of Trustees of the restated Retirement Plan,
and the Georgia Municipal Employees Benefit System to be effective July 1, 1999.
Councilman Wood moved for the approval of this motion. Councilman Cramer seconded the
motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Bid Award (Bid #99009) - Awning for Public Works
Councilman Hawkins stated the Public Works Committee sent out five bids with three vendors
responding. Mr. Hawkins stated the committee met and reviewed the bids and recommend the
bid be awarded to the low bidder meeting specifications, B. L. Law Construction. Councilman
Hawkins made a motion the bid be awarded to B. L. Law Construction for a total cost of
$15,800. Councilman Scoggins seconded the motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of April 5, 1999, Minutes
(B) Approval to Grant an Easement to BellSouth Telecommunications (North Side of
Spring Road Behind Argyle Elementary School Pedestrian Bridge)
(C) Approval to Use Council Chambers - Tuesday, April 20, 1999 - 7:00 - 9:30 P.M. -
Ward 6 Meeting (Paces Ferry North Homeowners Association)
(D) Approval to Use Council Chambers - Wednesday, April 21, 1999 - 7:00 - 9:00 P.M.
- Ward 6 Meeting (Campbellwood and Creatwood Subdivisions)
(E) Approve Second Consent Order and Judgment - Argyle Realty company, et al v. the
City of Smyrna, et al (Civil Action File No 88-1-2575-07)
(F) Approval to Request Bids - Garbage Truck (Public Works)
(G) Approval to Request Bids - Pipes, Valves & Fittings for Public Works Inventory
(H) Approval to Request Bids for Paper Products Inventory (Public Works)
(1) Approval to Request Bids for Petroleum Products
(J) Approval to Request Bids - Police Cars
Councilman Wood made a motion the consent agenda be approved. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Mayor Bacon stated that Saturday, April 17, was a big day for Keep Smyrna Beautiful when
the volunteers came out and cleaned up the City. He commended those volunteers for their
efforts.
Mayor Bacon stated he had two banners on the front of his podium which stated "Go
Nickajack" and "To Mayor Bacon from Mrs. Cannady and Mrs. Shaw's kindergarten class."
Mayor Bacon stated he had been invited back to read to the children again and he told the
children he would post their banners.
Councilwoman Capilouto had no report this evening.
Councilman Newcomb stated there is no report from the Police Department this evening.
April 19, 1999 meeting - continued
Councilman Newcomb asked Chief Larry Williams from the Fire Department for a report.
Chief Williams thanked the Mayor and Council for their vote on the retirement plan this
evening. Chief Williams stated there was a serious fire last week at the Windsor Lake
Apartments and the city had to call both Cobb County and City of Marietta Fire Departments
for assistance. Chief Williams stated the fire was contained to the upstairs of an apartment
building where there were four units that were destroyed and four units that were heavily
damaged from smoke and water. Chief Williams expressed his appreciation to the Red Cross,
Cobb County and the City of Marietta for their assistance.
Chief Williams reported on the progress of the new Fire Station. He stated construction is on
schedule and within budget and the dedication of the new facility should be in conjunction with
the city's birthday celebration in August. Chief Williams extended an invitation to all former
firefighters to attend the dedication ceremony in August.
Chief Williams stated that effective May 1, 1999, through September 1, 1999, there is an
outdoor burning ban metro -wide and this will include Smyrna and Cobb County as well.
Councilman Newcomb stated there is no report from the Court Services Department this
evening.
Councilman Newcomb stated the Department of Human Resources inspected the jail recently
and the Smyrna jail received a score of 100%.
Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations
Department. Ms. Andres reported the Spring Jonquil Festival will take place April 24 from 10
a.m. to 6:00 p.m. and April 25 from noon until 6:00 p.m. and there will be live concerts on
Saturday from 2 - 4 p.m. and Sunday from 12 - 2 p.m.; dedication of Aunt Fanny's Cabin
Welcome Center and the Smyrna Museum; the Jonquil City 5K Jog with Smyrna Cable
bringing some of the Disney characters who will walk around the festival and there will be a
forty -foot Mickey Mouse at the entrance to the jog. Ms. Andres stated the Kiwanis Club is
sponsoring a children's parade before the jog and the parade will begin in the overflow parking
lot of the First Methodist Church at 9:15 a.m. Mayor Bacon expressed his appreciation to
Maryclaire for all the good work she has done and wished her well since she will be taking
maternity leave in a few weeks. Ms. Andres reported the Annual Reports are available at City
Hall.
Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler
reported the Library had a couple of down months - January and February - due to some
computer problems but they are back on track now with 12,995 items circulated in March
which represents a 1 % increase over March of last year; 17,713 patrons visit the library during
March and that is a 3.4 % increase. Mr. Seigler reported that in conjunction with the Jonquil
Festival, the Library will have the Southern Order of Storytellers presenting three programs -
11:00 a.m., 1:00 p.m. on Saturday and at 1:00 p.m. on Sunday; an annual book sale; on May 2
the Friends of the Smyrna Library will be hosting the Friendship Tea; and Thursday night,
April 15, the Friends held their annual awards ceremony and handed out 84 certificates to
volunteers and Harold Smith was recognized as "Volunteer of the Year."
Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation
Department. Mr. Ciaccio reported Tolleson Pool will be opening May 1; Church Street Senior
Aquatics Center hours of operation; a CPR class for Seniors on May 6 from 9:00 a.m. - 12
Noon at the Community Center; May 26 the Senior Expo 99 program; list of instructional and
recreational classes for Spring/Summer 1999 is available at the Community Center; this
weekend at Wheeler High School there will be a District 5 Track meet with 90 children from
the city representing Smyrna. Mr. Ciaccio stated he is hopeful the grading contract for the
property behind Cobb Center will be awarded at the upcoming Council meeting. Mr. Ciaccio
reported the following statistics from the Athletics Division: Youth Soccer - 541 players;
Youth Baseball - an estimated 541 players; Indoor Adult Volleyball - 242 participants; Outdoor
Sand Volleyball is about to begin at Tolleson; Softball - 60 teams with 1,040 players.
Councilman Hawkins asked Ann Kirk for a report from Keep Smyrna Beautiful. Ms. Kirk
expressed her appreciation to all the volunteers who attended the clean up day this past
Saturday and especially thanked Mayor Bacon who took time off from work to stop by. Ms.
Kirk reported there were 142 volunteers who gave 317 hours and picked up 21 miles and 156
bags of litter. Ms. Kirk stated 130 volunteers were fed lunch at the recycling center and
expressed her appreciation to the volunteers and sponsors. Ms. Kirk stated April is
April 19, 1999 meeting - continued
membership time and is "Keep America Beautiful" month. Mayor Bacon stated the Probation
Services, headed by Melinda Dameron, Cassie Cole and Katie Wilder actually picked up his
mile for him. Ms. Kirk stated they also picked up another mile as well. Ms. Kirk reported the
next Adopt A Mile program clean up day is July 17.
Councilman Hawkins stated there was no report from the City Engineer this evening.
Councilman Hawkins then asked Scott Stokes, Director of Public Works, about the leaves that
residents have raked onto the streets. Mr. Stokes reported the Leaf Vacuum Program ended in
February and all leaves must be bagged before the Public Works Department can pick them up.
Councilman Hawkins asked Carol Cowan for a report from the Community Development
Department. Ms. Cowan reported the statistics for March - 169 building permits were issued
for an estimated construction cost of $19,800,000 and dollar amount equals $76,600 for 88
single-family homes and 48 townhomes. Ms. Cowan stated Buckhea& Community Church
should start work in the next week or two on the old Grand Illusions building on Spring Road
and that permit cost is about $2,100,000.
Councilman Cramer reported the Veterans Memorial Executive Committee is moving forward
had have selected a couple of sites and will be meeting with the Mayor and Council toward the
end of the month. Councilman Cramer stated there was a meeting held last month with the
Windy Hill Road/South Cobb Drive businesses and encouraged them to improve the
appearances of their business.
Councilman Lnenicka announced a Ward 6 meeting on Tuesday, April 20, at 7:30 p.m. with
the residents of Paces Ferry North Homeowners Association to talk about some association
issues and also some things that are happening in and around the city. Mr. Lnenicka stated on
Wednesday, April 21, he will be meeting with the homeowners of Campbellwood and
Creatwood Subdivisions at 7:30 p.m. to discuss issues of concern to them. He stated there are
residents in those neighborhoods that want to form a more formal neighborhood association.
Mr. Lnenicka stated announcements for his next meeting have not yet gone out but there will be
a meeting of the Argyle Estates residents on May 6 at 7:30 p.m. to talk about issues of concern
to the neighborhood. Mr. Lnenicka stated the city is well into the budget process for fiscal
year 2000 and have heard and met with all the various departments and staff sections of the city
with the exception of Court Services/Police/Fire and that meeting is scheduled for Thursday
night, April 22. Mr. Lnenicka expressed his appreciation to the staff for their work on this
budget and expressed his hope that Claudia Edgar, Finance Director, and Howard Smith, City
Administrator, following the Thursday night budget meeting can put a couple weeks work into
that budget and come back with a proposed draft budget for the city early in May and be ready
to adopt it no later than early in June.
Mr. Lnenicka commented on the many signs on Atlanta Road starting from the old Exxon
Station at the corner of Atlanta Road and Spring Road going south all the way to and including
Trinity Baptist Church announcing a rezoning and land use change. Mr. Lnenicka stated this is
coming before the Planning and Zoning Board on April 26 at 6:00 p.m. at city hall and
encouraged any interested parties to attend that meeting. Mr. Lnenicka stated the issue will
come before the Mayor and Council on May 17. Mr. Lnenicka stated the proposal is from Five
Kings Incorporated to rezone the property from residential and office/institutional to a
residential, attached/detached conditional plan. He further stated this plan calls for a mixed -use
residential concept different from what has been done before. Mr. Lnenicka stated the
applicant is asking to build attached townhomes and detached homes both being fee simple, a
number of landscaped islands and is a total of 19.65 acres and includes 107 townhomes and 30
single-family detached homes with pricing for those products probably starting in the low to
mid $200,000's and could easily go up well above that before it is done. Mr. Lnenicka stated
the city is obviously very concerned about the appearance of Atlanta Road and the landscaping
and buffering that will be done to keep Atlanta Road a very attractive residential corridor;
concerned about the buffer on adjacent property and how that will be landscaped and what will
be done to protect those property owners; concerned about the ingress/egress of cars into and
out of that development and how that can be managed safely on Atlanta Road. Mr. Lnenicka
reminded the citizens that this group came before Mayor and Council about three months ago
with a proposal for a strip shopping center which met with a very negative reaction from the
community and the elected officials. Mr. Lnenicka stated the developer withdrew that plan and
have now come back with a pure, residential proposal.
Councilman Wood stated there is no additional report from the Human Resources Department
this evening.
April 19, 1999 meeting - continued
Mayor Bacon reminded everyone of the Jonquil Festival this coming weekend and invited
everyone to attend.
ADJOURNMENT
With no further business, the meeting adjourned at 9:10 p.m.
U� &441 pt"`
A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK
ohcnwim
CHA ENE CAPILOUT , WARD 1
I=. --ew 44--k
RON NEWCOMB, WARD 2
,
BILL SCOGGINS, WA J MES M. HXWKINS, WARD 4
1�7�'AMER,CR
6�4�
CHARLES PETE WOOD, WARD 7
1 1 •