06-21-1999 Regular MeetingJune 21, 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,
Deputy City Clerk Candis Joiner, City Attorney J. Al Cochran, Fire Chief Larry Williams,
Finance Director Claudia Edgar, Police Chief Stan Hook, Library Director Michael Seigler,
Parks and Recreation Director Steve Ciaccio, Human Resources Director Chris Corey, City
Engineer Ken Hildebrandt, Community Development Director Robin Broyles and
representatives of the press.
Invocation was given by Councilman Hawkins, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon asked Human Resources Director Chris Corey to come forward for a presentation
to the STAR Employee of the Month for June. Mr. Corey presented the award to Frank
Adams, Recycling Center Attendant, and commended him for his numerous volunteer efforts,
work with the Keep Smyrna Beautiful and operation of the recycling center in Smyrna. Mr.
Adams accepted the award and expressed his appreciation to the Mayor and Council for the
award.
Mayor Bacon asked Jim Hawkins to read a proclamation honoring the Kipreos family and the
successful operation of the Fat Boy Restaurant on Concord Road and for their being in business
for 30 years in Smyrna. The Kipreos family accepted the proclamation and Mrs. Irene Kipreos
and her son Harry expressed their appreciation to the council for the recognition.
Mayor Bacon recognized Kimberly Bain -Jenkins and John Jenkins, 3114 Dunn Street, who
expressed their concerns with traffic problems on Dunn Street. Ms. Jenkins stated she had
brought an unsigned petition on behalf of the residents of Dunn Street and asked Councilman
Hawkins to ask the city to have something done about the traffic problems they have been
experiencing. Ms. Jenkins stated she had talked with Mr. Hawkins earlier and the installation
of a three-way stop sign at Hunter Street and Dunn Street had been suggested. Ms. Jenkins
said she now feels that would not be helpful but feels that the installation of either speed humps,
a stop sign or the closing of Legion and Hunter Drive or whatever the council feels would best
help control the traffic would be appreciated. Councilman Hawkins asked Ms. Jenkins if she
was basically asking the city to conduct a study to see what could be done and she replied that
was correct. Mr. Jenkins stated some of the residents, further down Dunn Street and residents
of Cobb County, have also asked the county for assistance in starting a study outside the city
limits to see what could be done about the traffic. Mr. Hawkins asked Ms. Jenkins to present
the petition to the Deputy City Clerk. Mr. Hawkins asked City Engineer Ken Hildebrandt to
study the situation and give the council some type recommendation on what could be done.
Mr. Hawkins thanked the Jenkins' for attending the meeting and expressed his hope that the
city would have an answer for them shortly. Ms. Jenkins asked how they would be notified of
any pending action and Mr. Hawkins asked that she put her phone number on the petition and
further stated the item would have to appear on the agenda for any approval and he would
notify her of that action. Councilman Hawkins stated he would ask the city engineer to contact
Cobb County and see if their study could be a part of the city's study.
PUBLIC HEARINGS:
(A) Annexation Request - Argo Road and Lewis Drive (5.53 Acres) - Land Lot 617, 17'
District, 2' Section, Cobb County, Georgia
Mr. Smith stated a petition for annexation from six property owners was validated at the May
17, 1999, council meeting and if approved tonight the 5.53 acres will become part of a
development being developed by Tommy Eubanks and a part of Ward 7, with an effective date
of July 1, 1999. Mayor Bacon stated this is a public hearing and asked if anyone was present
in opposition to the annexation request or who would like to make any public comment
concerning this annexation request. There was no opposition and no public comment.
Councilman Wood stated this property was previously rezoned as required by law before the
land is officially annexed into the city. Mr. Wood stated that was done in May and a public
hearing date was scheduled for tonight. Councilman Wood made a motion that the property
located in Land Lot 617, 17'hDistrict, 2' Section - Argo Road/Lewis Drive (5.53 acres) be
June 21, 1999, meeting - continued
annexed into the city and become a part of Ward 7 with an effective date of July 1, 1999.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Variance Request - 2406 Oakwood Way - Reduce Rear Yard Setback from 30 Feet to
25 Feet
Mr. Smith stated the applicant is requesting this variance to reduce the rear yard setback from
30 feet to 25 feet and further stated there is an existing deck at this location and the variance
would allow him to roof and screen the existing deck. Mayor Bacon asked the applicant to
come forward and announced this is a public hearing and asked if anyone was present in
opposition to this variance request. There was no opposition.
Councilman Newcomb asked the applicant, Mr. Edward G. Robinson, to come forward and
briefly explain what he plans to do at this location. Mr. Robinson stated he is requesting an
additional 5 feet of variance approval so he can screen in the existing deck area and add a
sloping roof. Mr. Robinson presented a visual display of the existing deck. Mr. Newcomb
stated that below the deck is an existing concrete slab that is already 5 feet over the setback line
and Mr. Robinson is requesting to reduce the setback from 30 feet to 25 feet. Mr. Newcomb
addressed the screen of trees behind the deck which provides a very solid buffer between Mr.
Robinson and the neighbors behind him. Mr. Newcomb asked Mr. Robinson if he had
informed his neighbors of his intent to apply for a variance and he responded that he had. Mr.
Robinson stated the contiguous neighbors on either side and the back of his house indicated they
have no problems with his plans. Councilman Newcomb made a motion that the variance
request at 2406 Oakwood Way to reduce the rear yard setback from 30 feet to 25 feet be
approved. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(C) Variance Request - 3797 Highview Terrace - Locate Free-standing Carport in Front
Yard
Mayor Bacon stated Items (C) and (D) apply to the same location and will be addressed as one
item. Mr. Smith stated the applicant, Robert Nazarowski, is requesting the variance in order to
build a freestanding carport for the purpose of loading and unloading a wheelchair -bound
handicapped person during inclement weather. Mr. Smith stated the applicant states this is
variance is necessary as this is the only appropriate site on the lot that would support this
particular structure. Mayor Bacon asked the applicant to come forward and announced this is a
public hearing and asked if anyone was present in opposition to the granting of this variance
request. There was no one present in opposition.
Councilman Wood asked Mr. Nazarowski to explain to the council what he plans to do and why
the variance is necessary. Mr. Nazarowski stated the residence is a single-family dwelling in
the Bennett Woods Subdivision where he resides with his wife Fran and his handicapped
daughter, Lorrie. Mr. Nazarowski stated on June 8, 1987, their then 23-year old daughter
Lorraine was a passenger in a tragic car accident on Ridge Road in Smyrna. Mr. Nazarowski
stated Lori was pulled from her burning car by a heroic young man named Brett Lange and was
taken unconscious to Smyrna Hospital and then to Kennestone Hospital's Severe Trauma Unit.
Ms. Nazarowski lapsed into a coma for nearly three months and slowly awoke from the coma
but her head injury caused severe and irreparable damage to the right side of her brain, causing
nearly total and permanent paralysis to her left side and severe impairment of her speech. Mr.
Nazarowski stated after eight -months her condition had reached a plateau and she was sent
home to be cared for by her parents although she was unable to eat, drink, walk, talk or even
go to the bathroom. Mr. Nazarowski further explained all insurance funds were exhausted in
the first few days of her hospital stay and except for the things that are covered by Medicare
and Medicaid, all aspects of her care, both personal and financial, are provided by her family.
Mr. Nazarowski stated he and his wife have made substantial changes to the inside and outside
of their home to make it as handicapped -accessible as possible for Lorrie. He further stated
with the help of the St. Vincent de Paul Society at the St. Thomas the Apostle Church, they had
a new handicap drive and ramp to facilitate moving Lorrie from the car to the house. Mr.
Nazarowski stated the original drive at their home is located on the other side of the house and
is nearly a full story lower than the new drive. He further stated the new drive and ramp has
worked well for them except on rainy days. Mr. Nazarowski stated on behalf of his wife,
daughter and himself, he respectfully requests that the City of Smyrna grant the requested
zoning variances so as to allow them to construct a covering over their existing drive that would
keep their daughter and themselves from getting wet and sometimes soaked when they must
move her wheelchair from the trunk of the car, reassemble it, and roll it around to the side of
the car to wait for her to slowly lift herself from the car seat into a wet wheelchair seat. Mr.
June 21, 1999, meeting - continued
Nazarowski stated with this cover they would no longer be trapped in the house during rainy
weather and Lorrie would no longer have to sit in a wet wheelchair when they must go out on
rainy days for medical appointments. Mr. Nazarowski stated all of their neighbors, except for
one, have enthusiastically supported their request for the variance that would allow the
construction of a covered area for Lorrie. He stated this is evidenced by their signatures on the
variance request and one of his neighbors, Mr. Vann, is present at tonight's meeting. Mr.
Nazarowski stated he has given due consideration to each of the suggestions that were made by
the single objecting neighbor, however, one of those suggestions would eliminate the need for
the variances but each one would make the use of the covered area more awkward and
cumbersome for both his wife and daughter. Mr. Nazarowski stated his wife refused to
consider one of the options which would require her to always back into the driveway to get
Lorrie in and out. He stated it his assessment that the requested plan is the only viable option
to provide a useful and attractive covered area within their financial means. Councilman Wood
asked Mr. Nazarowski to describe the type of structure he is proposing to build and the
dimensions. Mr. Nazarowski stated it would be an aluminum -covered carport with built in
drainage gutters on each side and is very attractive, has four poles which are situated to allow
them to get access into and out of the car and to have access to the rest of the house. He stated
they had moved the structure as close to the house as they could in order to keep it off the front
yard as much as they can but they can not put it right next to the house because they still have
to come in front to allow Lorrie to get around. Mr. Nazarowski stated the carport would be
white on the underside and a bronze color on the outside that will match their home and
indicated the carport style in a catalog that was attached to the application. Mr. Nazarowski
stated the dimensions of the carport are 15' x 20'. Mr. Wood asked how far the carport would
be from the housing structure and he responded approximately six feet and would be 20 feet in
length. Councilman Wood stated he has met with Mr. Nazarowski and the closest next -door
neighbor and they talked about potential options. Mr. Wood stated at the conclusion of that
meeting and at the request of both parties, he asked Mr. Hildebrandt (City Engineer) to return
there with him. Mr. Wood stated he and Ken met with Mr. and Mrs. Nazarowski and Mr.
Hicks, the next -door neighbor closest to the development. Mr. Wood stated they looked at a
lot of potential options and discussed those but there was no definite outcome to the meeting
and they do not know if there is a viable alternative or not. Mr. Wood stated the neighbor next
door, Mr. Allie M. Hicks, 3815 Highview Terrace, is not present this evening but had
submitted a letter opposing the variance and stated he would not be in attendance at the meeting
due to his physical condition and a hearing impairment but had asked that Mr. Wood read the
letter into the record. Mr. Wood read the letter of opposition from Mr. Hicks relative to this
variance request. Councilman Wood stated the facts and circumstances surrounding this
application for a variance makes it one of the most difficult zoning decisions he has had to be a
part of during his tenure on council and there is no question in his mind that this application
meets the hardship requirement for a zoning variance. Mr. Wood stated that on the other hand
he is deeply concerned about the impact that an installation of such a structure would have on
property values of adjoining or other properties in the subdivision. Mr. Wood stated the
ordinance requires notification of contiguous occupants or land owners to accompany the
application for a variance and Mr. Nazarowski has complied with this requirement. Mr. Wood
stated Mr. and Mrs. Hicks, whose property abuts the applicants' property, have submitted the
letter of opposition which he read. Mr. Wood stated he had some concerns about the precedent
of approving this variance request would set for this neighborhood or other neighborhoods and
the potential negative impact. He further stated it was his hope that an acceptable alternative
could be found to provide the needed shelter without adversely impacting the adjoining property
owner and stated he felt there had been good -faith efforts to achieve this. Mr. Wood stated he
feels there is still some possibility that something could be worked out that would be acceptable
to all and for that reason made a motion to table this request until the second meeting in July
(July 19, 1999). Mr. Wood stated the city would like to talk to the Smyrna Housing Authority
and perhaps others and look further at alternatives that may be possible but stated there are
concerns among council about both sides of this issue. Councilman Cramer seconded the
motion. Motion to table until July 19, 1999, was approved 7-0.
(D) Variance Request - 3797 Highview Terrace - Reduce Side Yard Setback from 10 Feet
to 4 Feet
Councilman Wood made a motion to table the variance request at 3797 Highview Terrace to
reduce the side yard setback from 10 feet to 4 feet to the July 19, 1999, council meeting.
Councilman Cramer seconded the motion. Motion to table was approved 7-0.
Mayor Bacon stated in the number of years he has been on council he has not seen a variance
that was really more warranted based on the information that has been presented tonight and he
June 21, 1999, meeting - continued
feels confident that something can be worked out to make both parties happy. Mr. Nazarowski
stated he is open to all solutions and further stated he has worked with Mr. Hicks and Mr.
Hicks had agreed that if the carport was set back three more feet his view would not be blocked
as much but that would prevent their being able to get Lorrie in and out of the car. Mr.
Nazarowski asked what action he needed to take before coming back to the council meeting and
Mayor Bacon stated he feels there may be some options with the Smyrna Housing Authority
that have not been discussed and there may be some funding there and where some other things
might be done to accommodate everyone. Mr. Wood stated he would follow up with Mr.
Nazarowski and will be in touch with him within the next couple of days to talk about the
situation. Mr. Wood stated he felt compelled by the importance of the matter that the city will
do all it can to come to a position that everyone would be comfortable with. Mr. Nazarowski
stated he could not ask any more of council than that. Councilman Newcomb asked if the edge
of the current driveway and the fact that it is ten feet or more away from the property line and
Mr. Nazarowski responded the existing driveway is four feet from the property line.
Councilman Newcomb asked if the concrete structure is already in place four feet away and
Mr. Nazarowski responded that was correct and he was not enlarging the pad just placing the
structure over the existing pad. Mr. Newcomb asked what type planted buffer exists in that
four -foot area and Mr. Nazarowski reported there is nothing there except a small planter as the
driveway drops off on one side. Mrs. Nazarowski stated there is a planter there to keep her
from stepping off the drop off or rolling Lorrie off the side -- in other words a small wall with
a planter. Councilwoman Capilouto asked Mr. Nazarowski if he thought there was enough
room to put a roof with two metal poles supporting it that would provide protection. Mrs.
Nazarowski stated the problem is if they move the structure any closer to the house then to get
Lorrie out and be able to open the door, because of the wall there, and around and up the ramp
that would put a pole right in the middle of the ramp. Ms. Capilouto asked if this proposed
carport would not put a pole in the ramp and Mr. Nazarowski stated the poles are set in such a
way to allow access to the small walkway that runs from one driveway to the next and the ramp
that goes up to the house. Mrs. Nazarowski stated they had put in a walkway to allow Lorrie
to go from the front of the house to the back of the house as the house is two stories in the
back. Mrs. Nazarowski stated Mr. Hicks suggested purchasing a lift but they cost $10,000 and
they can not afford that. Mrs. Nazarowski stated Mr. Hicks had also suggested moving the
carport next to the house and to back the car in and out of the driveway but she stated she is not
that good a backer. Mayor Bacon stated he hopes the city has another funding source that will
assist them and make everyone happy. Councilman Lnenicka stated this is a very difficult
situation put before the council tonight and encouraged all council members to drive by and
look at the home so everyone would know what the situation is.
(E) Variance Request - 3860 South Cobb Drive - Reduce Planted Buffer Requirement from
50 Feet to 0 Feet and Replace with 6 Foot Wooden Privacy Fence
Mr. Smith stated this variance is being requested by Wade Ford and is supported by Pulte
Homes that is building a townhome community behind the Wade Ford Property and feel this
will provide a better buffer between the car lot and the residential community. Mayor Bacon
asked the applicant to come forward. Councilman Wood stated Mr. Andy Belflower is present
to represent Pulte Homes and Wade Ford. Mayor Bacon stated this is a public hearing and
asked if anyone was present in opposition to the variance request. There was no opposition.
Councilman Wood asked Mr. Belflower to come forward. Mr. Belflower stated he is
representing the applicant and the only affected property owner which is the Mill Pond
Subdivision, a Pulte development. Mr. Wood stated Chief Building Official Robin Broyles,
City Engineer Ken Hildebrandt and he met at the site with Mr. Lamar Lester of Wade Ford
several weeks ago and the only property owner affected by the buffer would be Pulte Homes
who is being represented by Mr. Belflower. Mr. Wood stated after the meeting, Robin Broyles
and Ken Hildebrandt came back and looked at the plans and talked to representatives of Pulte
Homes - Jeff Enders in particular - and basically they want to eliminate the undisturbed buffer
and put up a six-foot fence. Mr. Wood asked who would be responsible for maintaining the
fence and Mr. Belflower stated the fence will be on the Mill Pond Subdivision side and part of
their perimeter fence and will be maintained by the Homeowners Association. Mr. Wood
asked if that would be covered in the covenants and a designated responsibility of the
Kensington Development and Mr. Belflower responded that was correct. Mr. Wood stated that
would be so entered into the record in that manner. Mr. Belflower stated that was his
understanding. Mr. Wood stated that would be made a condition of the variance so that issue
will be addressed. Councilman Lnenicka asked if that would be the responsibility - in terms of
the maintenance of the fence - of the association and not the individual property owners along
the fence and Mr. Wood responded that was correct. Mr. Wood indicated Mr. Belflower
June 21, 1999, meeting - continued
brought another drawing tonight that is a little different as he wanted to illustrate exactly how
much of this is the property of Pulte. Mr. Belflower stated the drawing presented tonight
further defines the area of the variance as it was a little unclear in his mind on the original
submittal and he wanted to make sure everyone understood it is only the common property line
- common north/south property line between Wade Ford and the Mill Pond Subdivision.
Councilman Newcomb asked about the fifty feet that would have been the undisturbed buffer
and what it looks like at this point. Mr. Belflower responded it is just a hill between the two
properties and it will benefit both properties to grade that property and leave a small berm and
then the fence. Councilman Newcomb asked about the residences behind the property and the
build -out status. Mr. Belflower stated they are not built out as they are still developing the
infrastructure of the subdivision and have not started any homes yet. Councilman Newcomb
asked what would happen to the fifty feet that will be eliminated and what will it be used for.
Mr. Belflower responded it was Wade Ford's intention to put in additional parking but no
buildings or anything like that. Mr. Wood stated this is right behind one of their shop areas
and they have a desperate need for parking, the area will not be lighted, will not have any light
poles, additional buildings or expansions. Councilman Wood made a motion that the request of
Wade Ford at 3860 South Cobb Drive to reduce the planted buffer requirement from 50 feet to
0 feet between their property and the Kensington Development and replaced with a 6-foot
wooden privacy fence be approved with the following condition: the responsibility of the fence
will be the homeowners association of the Pulte Development at that site and will be a part of
the covenants with the necessary legal work to make that responsibility reflected in the
homeowners responsibilities on that common line - the westerly line. Councilman Cramer
seconded the motion. Councilman Newcomb stated he was pleased that Wade Ford and Pulte
have worked this out but he is personally uncomfortable in eliminating the 50 feet of
undisturbed buffer and feels the people moving in there should have that. Mr. Belflower stated
the other alternative was to build a concrete wall behind the homes as they graded the area out
instead of building the wall. Mr. Newcomb stated he was talking about a 50-foot buffer that
could be planted and Mr. Belflower responded that 50-foot buffer was all on the Wade Ford
property and by doing the common grading between the two the wall was eliminated. Motion
was approved 6-1 with Mr. Newcomb opposed.
(F) Variance Request - 3295 South Atlanta Road (Campbell Middle School) - Install a 5-
Foot High Wrought Iron Fence with Brick Pilasters in Front of School
Mr. Smith stated the Cobb County School Board is requesting this variance in order to improve
safety along the Atlanta Road corridor with the intent to direct the student traffic from the
points where they are now crossing to alternative positions and to try to control that crossing.
Mayor Bacon recognized the applicants and stated this is a public hearing and asked if anyone
was present in opposition to the variance request. There was none.
Councilman Lnenicka stated he would allow the two representatives present tonight to introduce
themselves and explain why they are requesting the variance. Mr. Glenn Brown, SPLOST
Accountability Manager for the Cobb County School System, and Mr. Larry Wall, Director of
Construction for the Cobb County School System introduced themselves. Mr. Brown stated
they are proposing a wrought -iron and brick pilaster decorative fence to be constructed along
Atlanta Road to channel the traffic of the children so they will not be crossing at all points of
the street. He stated this is a local school request that was asked for under SPLOST (Special
Local Option Sales Tax) and was approved. He further stated they feel it will enhance the
appearance and improve some of the drainage problems they have at one end of the fence and
also provide a sidewalk by the streetlight there. Councilman Lnenicka asked Mr. Brown to
describe what the fence will look like. Mr. Brown responded it will be black wrought -iron on
40 foot centers, a square brick pilaster with a pre -cast concrete cap to it and five feet high with
the columns being about 5' 4" minimum. Councilman Lnenicka asked Mr. Brown to describe
the fence starting at the northern end of the property going south down Atlanta Road to the
intersection with Campbell Road about where the fence will start and stop. Mr. Brown
responded the fence will begin at the parking lot on the north end and go south to the existing
retaining wall on the property. He further stated they will be removing the handrail from the
retaining wall and will start there with a brick pilaster column and continue down past the little
drainage ditch and extend the retaining wall to eliminate the erosion and help with the weed
problem. He stated the fence will then turn at a 90-degree turn and go back and angle behind
the existing sign and then angle back up to the sidewalk area and go to the first driveway. Mr.
Brown continued the fence will then pick up on the other side of the driveway and continue by
the sidewalk to the next driveway, cross there and pick up again on the other side and go to just
before the existing shrubbery and stop just short of there. He stated there is a sidewalk that
will go there to join the sidewalk that will bring it into the light (as indicated on the visual
June 21, 1999, meeting - continued
display) at the crosswalk. He stated there will be a sidewalk that goes just to the edge of the
shrubbery and into the parking lot for the school. Mr. Lnenicka asked about the separation at
the end of the fence on the two driveways in front of the school and how far short of the
driveways it stops. Mr. Wall stated it is about 10 feet on both sides of the driveway.
Councilman Lnenicka asked again about the purpose of the fence and Mr. Wall responded it is
to channel the traffic in situations where children were running out onto Atlanta Road and
crossing it at various points and is an attempt to focus that foot traffic to cross at specific spots.
Councilman Cramer asked Mr. Brown about the cuts that exist for the driveways and what will
keep the kids from using the existing entrances and exits from cutting through there. Mr.
Cramer stated there are three open points now and asked if Administration will be there or will
there be school crossing guards at that location. Mr. Brown stated they did not know that at
this point but it does allow Administration better control over the area. Mayor Bacon asked
how many students will be crossing there and Mr. Brown stated he did not know. Councilman
Hawkins asked Mr. Broyles what city ordinance required this variance and Mr. Brown
responded he felt it was due to the zoning ordinance governing the appearance on Atlanta Road.
Mr. Broyles responded the ordinance requires that within the front yard of any zoning district,
the only fence allowed would be a 4-foot wooden fence and that necessitates the need for the
variance. Mr. Hawkins asked Mr. Broyles if he had any problems with this variance. Mr.
Broyles responded he did not. Councilman Cramer asked about the cost of the fence and Mr.
Brown responded it is about $70,000. Ms. Doris Kelly, Creatwood Trail, came forward and
was administered the oath by City Attorney Cochran. Ms. Kelly stated her son walks to school
and she was concerned about the possibility of gates being put up and what would be on top of
the wrought iron - such as barbed wire or decorative points. Ms. Kelley stated her son crosses
Atlanta Road at the light but there is no crossing guard at that location. Mayor Bacon asked
Ms. Kelly if she had any problem with the fence now that she knows more about it. Ms. Kelly
stated she only wanted to make a few comments about the fence and did not really state if she
had a problem with the fence or not. Councilman Lnenicka asked Mr. Brown to address, from
an aesthetic standpoint, what was going to be done along Campbell Road between Howell Drive
and Atlanta Road with that chainlink fence, 6-feet high, along the parking lot. Mr. Brown
responded nothing at this time. Mr. Lnenicka asked if this fence will tie into the other fence
and Mr. Brown responded no, that it stops just to the edge of the new sidewalk that they are
putting in and the shrubbery that is there now fills in the entire corner and is very dense and it
is contiguous with the shrubbery that is there. Mr. Lnenicka asked if there is any way to
replace the less attractive chainlink fence with this same style fence so they would have the
same on both street frontages, uniform, consistent appearance and Mr. Brown responded the
SPLOST initiative is very specific with what they do with the money and the scope of what
they do with the money and the request was for a fence along Atlanta Road and did not address
the chainlink fence. Mr. Lnenicka asked if there were any plans to add any landscaping along
Atlanta Road along the fence and Mr. Brown responded no. Mr. Lnenicka asked what type
maintenance this fence will require in the future. Mr. Brown responded very little except for
the normal edging around the bottom line of the fence and noted the fence should be relatively
rust free and nice looking for a long time. Councilman Scoggins asked about the total length of
the fence and Mr. Wall responded it would be about 300 feet. Councilman Lnenicka made a
motion to approve the variance request for the installation of a 5-foot high wrought iron fence
with brick pilasters along Atlanta Road in front of Orme Campbell Middle School as per the
request presented. Councilman Wood second the motion. Councilman Lnenicka stated he
appreciates Mr. Brown attending the meeting tonight and further stated he had worked with Mr.
Wall before and they have been very cooperative in terms of working with the city and have
responded in amending this proposal before the city in at least one instance to improve the
aesthetic appearance along Atlanta Road. He then asked them to take back to the Board the
city's desire that Campbell Road frontage is just as important as the Atlanta Road frontage and
his feelings that there ought to be a uniform style, size and color of fence to make it just as
attractive looking at it from one direction as another. He then stated whatever could be done to
help the city would be very much appreciated. Motion was approved 7-0.
(G) Alcoholic Beverage License Request - Carniceria Y Fruterria Guerrero - 1022 Windy
Hill Road - Retail Package of Beer and Wine
Mayor Bacon stated the applicant had submitted a letter in a timely manner asking that this
application be withdrawn and no action is necessary.
June 21, 1999, meeting - continued
(H) Annexation Request - 3400 Lee Street (.43 Acres) - Land Lot 525, 171' District, 2'd
Section, Cobb County, Georgia
Mr. Smith stated Mr. William M. Weaver has requested annexation into the city and if the
request is approved will become a part of Ward 4 with an effective date of July 1, 1999.
Mayor Bacon stated this is a public hearing and asked if the applicant was present. He was not.
Mayor Bacon then asked if anyone was present in opposition or who would like to make any
comment concerning the annexation request. There was no one present in opposition or to
make any comment.
Councilman Hawkins made a motion to approve the annexation request of Mr. William Weaver
for the property at 3400 Lee Street (.43 acres) to become a part of Ward 4 effective July 1,
1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Approval of Intergovernmental Agreement
Mayor Bacon stated each elected official has a letter from Scott Cochran, attorney for the city
who has been involved with this agreement with the county, recommending this item be tabled
to allow him to have further discussions with city staff. Councilman Cramer made a motion to
table this issue until the July 6, 1999, council meeting. Councilman Wood seconded the
motion. Motion to table was approved 7-0.
(B) Approval of Revised Health Insurance Policy
Mr. Smith stated this is for the annual renewal and as the council knows the city has a self -
funded insurance program with a renewal insurance above a certain use level. He stated the
administrators are Covenant Administrators, the third party administrators, of the city's
insurance program. He stated this recommendation comes from the Human Resources
Committee to renew the plan with a number of changes with Covenant Administrators. He
stated it has been reviewed by the committee on a number of occasions and presented to Mayor
and Council. Mr. Smith stated the revised plan is attached to the recommendation as well as
the recommendation for Covenant to serve as the third party administrator effective July 1,
1999, for a period of a year.
Councilman Wood stated over the last 60 - 90 days the Human Resources Committee, Howard
Smith, and Chris Corey have been involved in this and updating this health insurance plan for
the employees. Mr. Wood stated the city is a self -funded health insurance plan and this has
been in effect as such since 1992 and as a result of that the city has saved considerable money
in terms of being self -funded versus commercial insurance on a bid basis. Mr. Wood stated the
city has had three or four years that are considered good to average as far as claims prior to
current year which has been a very tough year as to claims. Mr. Wood stated the city has
established a relationship with Covenant Administrators in 1997 and at that time the city had a
serious problem in the administration of the plan and they took it over and have done a good
job working with it since then and responded very well. Mr. Wood stated the plan is certainly
a very important benefit offered to the city employees but we are having to make plans that they
believe or proposals tonight that we believe will set the stage for the future where we will not
have to go through a lot of the difficult negotiations that we've been through this year to come
to this point. Mr. Wood stated the City of Smyrna has about 300 people included in the health
insurance plan which is a relatively small base so when we have a bad claims year it certainly
hurts and it hurts bad because we don't have a big pool to spread the risk over. Mr. Wood
stated it has hit us hard but the city also knows that the cost of medical care is going up so we
know we are going to be faced with situations in the future as we are today on increased health
care costs. Mr. Wood stated the city has seen its cost go from a relatively small amount of
money of slightly over a million dollars a year from the city's funding and the city does have
re -insurance above a certain level so that the city can essentially stop loss as far as the city's
portion of the payment in those very difficult cases that get very expensive. Mr. Wood stated
the re -insurance has kicked in the past at $50,000 - once claims exceed $50,000 then the city
does not have to fund those but our insurance above that level does. Mr. Wood stated the city
has had a number of those claims this year and some in the past and this plan contemplates
raising that re -insurance limit to $70,000 and based on the analysis the city is better off to
increase that deductible level and assume the risk of those up to that point. He stated the
numbers work in that manner. Mr. Wood stated what is proposed here tonight is listed on the
sheet as Revised Option B of the new plan. Mr. Wood stated it is basically an 80/20 plan under
June 21, 1999, meeting - continued
the PPO and the city has a PPO which is considered by people in the industry as a generous
health care plan with a great deal of choices. He further stated at the work sessions and
discussions concerning this the city looked at several options, the council by consensus asked
them to go back and look at what could be done along the 80/20 program so after all this work
and discussion and several meetings with Mayor and Council concerning this, the plan is on the
table tonight and is listed on the schedule as Revised Option B. Mr. Wood stated he would like
to call one item on that to the attention of the Mayor and Council and that is the network
provider and it was the proposal to use SouthCare as that and the city has been using HealthStar
for a number of years. Mr. Wood stated Chris Corey, Human Resources Director, contacted
Covenant and discussed this at the committee's request and there has been some members of
council indicate they prefer and some employees that are covered by HealthStar prefer that we
stay with HealthStar due to the fact the particular doctors they were using and that type of
thing. Mr. Wood stated the proposal is going to be that HealthStar be the provider. Mr. Wood
stated you will notice that the monthly cost for single coverage is $322.46 and times 12 months
equates to $3,869.52 per single coverage; family coverage is $764.59 which equates to
$9,175.08 annually and in the FY2000 budget approved earlier this month the city increased
contribution to the health plan from $1.6 million to $2.1 million as indicated by the actuarial
evaluation of what the city thinks they will need in the future so the city has already made a
substantial increase in the city's portion of that. Mr. Wood stated right now the city's
employees under the family plan pay $42.78 per pay period which is bi-weekly and that, if this
is adopted, that will continue at least until January of the year 2000. Mr. Wood stated at that
time then they will be asked to pay $56.46 per pay period unless the council reviews the
experience or something is different and the plan is for that. Mr. Wood stated it is
contemplated that for the single coverage beginning January 1, 2000, will pay $9.67 per pay
period which is a two -week period. Mr. Wood stated that will represent about 6.5 % of the
cost; the $56.46 that will be applicable on January 1, 2000, if this is approved, will represent
approximately 16% of the cost on the family plan. Mr. Wood stated as you can see the cost on
the current plan was $7,567.68 per year for family coverage and $3,501.24 in single coverage
and the new plan, regardless of how the city goes - single coverage is $3,869.52 and family
coverage is $9,175.08 so there is a substantial cost in there and they feel like the plan structure
is important and if the structure of the plan is such that it allows for some flexibility in future
years that hopefully we will have better claims experience and as expected or it has been
projected and the city will be able to accumulate some funds in our contingency reserve for
health care which is a restricted reserve. Mr. Wood stated in the city's case of being self -
funded any money that the city budgets that is not used goes into the contingency for future
years to pay for health care.
Councilman Wood made a motion that council approve what is listed on the agenda as Revised
Option B New Plan and that will become effective July 1, 1999. Councilman Cramer seconded
the motion. Mayor Bacon asked if that was Option B New Plan and Mr. Wood responded that
was correct with HealthStar as the Network Provider. Councilwoman Capilouto asked again if
SouthCare or HealthStar would be the provider and Mr. Wood indicated HealthStar would
continue to be the provider. Ms. Capilouto asked about the results of some of their discussions
wherein the employees would form a group to oversee Covenant and their processing of the
claims in a timely manner and if the city was still going to do that. Mr. Wood responded yes,
the council agreed to do that and it will be done. Mr. Wood stated he, Mr. Corey and the
committee and Mr. Smith are all aware of that and that will be done. Councilman Hawkins
asked if a second to the motion was ever received. Mayor Bacon responded yes, Mr. Cramer
seconded the motion. Mr. Hawkins then asked if the issue was open for discussion and Mayor
Bacon responded it is.
Councilman Hawkins stated he would like the committee who is bringing this item forward, the
Human Resources Committee, a question. Mr. Hawkins stated he believed at the request of
Council they asked that the Committee meet with the employees and try to at least inform them
or get their input on these changes that you feel very strongly that need to be made. Mr.
Hawkins stated it was his understanding at the work session that the majority, and asked that he
be corrected if wrong, of the employees wanted to go with Option A even though it would cost
them more money than what you are recommending in Option B. He then asked Mr. Wood if
he was correct in that and Mr. Wood responded he did not attend the meeting by design but
Mr. Smith and Mr. Corey did and he would like, with council's permission, to ask them to
address that. Mr. Smith responded yes, and asked Mr. Corey to come forward since he was
there a little longer than he was. Mr. Smith then stated it would have been the consensus of the
employees, and just as council has different thoughts and different views on this, the consensus
of employees in that meeting would have been to prefer Option A under the plan. Mr. Smith
stated of course there were those that preferred Option B and then there were others that
June 21, 1999, meeting - continued
suggested or asked them to consider looking at other providers Ior as you know we are talking
to the county about becoming a part of their pool so there was a lot of discussion. He stated the
general consensus would have been for Option A. Mr. Hawkins asked Chris Corey if that was
correct. Mr. Corey responded that was correct. Mr. Hawkins then asked why is the
committee... Mr. Smith said the question is, if he could just address it for a second and not to be
argumentative. Mr. Smith stated one of the concerns that we had, of course, our consultants
recommended, I'm going to say the revised Option B, but Option B, the concern that I think if
we had discussed this with employees further is the same one that at least in conversation with
employees, that they would share the same concern that the committee shares and the same one
that Covenant shares and that is that Option A is not very likely and Covenant wrote us a pretty
detailed letter on this, Option A is not likely to control costs over the next few years. Mr.
Smith stated the concern and I think employees would be concerned about that too if we are
going to be right back here again next year with the premium not going to $61 but $71 or $75
or $77 in a plan that is curtailed even more that the concern was that the city was trying to
adopt a plan that could level out the cost for employees and level out the cost for the city and
maintain a program that would be predictable for years to come. I believe our hope is that
Option B, and I think employees will be very pleased with this, if we are successful in Option B
in building back up the health care reserve fund, that in coming months if not in coming years
will be able to control those costs if not actually reduce them and that may be overly optimistic
because all of us know health care costs are going up at least at the moment about 10%
annually but by changes in this plan, as Covenant pointed out, plan management or managing
the plan is the best way we can control expenses in the future not only for ourselves but for our
employees that are contributing to the plan. Mr. Smith stated we are just as concerned about
that and he thinks the employees would have shared that view. He then asked Mr. Corey if he
would agree with that. Mr. Corey responded overall but just to answer Mr. Hawkins question
he stated when they met with the employees, one of the first things we wanted to do was to let
them know what they were going to be facing because obviously this is an extremely tough
decision and they wanted... this immediately affects the employees - over 300 employees and
half the department heads that are sitting here tonight and we wanted to inform them as far as
what the city was looking at, what type of experience the city had this past year in regards to
claims and get some feedback from those employees and at the same time come with a rational
solution as far as what we could do as far as health insurance was concerned. Mr. Corey stated
when they met with the committee it was not an easy decision and it was an extremely difficult
decision and overall the employees, their preference was Option A. Mr. Corey stated after a
lot of discussion and a lot of communication with Covenant, the third party administrator, who
recommended a lot of these changes due to the city's experience, the committee all agreed that
as far as overall costs were concerned and in trying to level out the cost and not having to shift
a lot of the cost and responsibilities next year to the employees, they thought Option B would
be a feasible solution with the proposed changes as far as the premiums were concerned in
January. Mayor Bacon then stated so it is not only the recommendation of the committee but it
is also your recommendation and Mr. Smith's recommendation to go to this option. Mr. Corey
responded yes. Councilman Scoggins asked Mr. Corey on the sheet distributed to council, if
the city keeps Option A with changes the family coverage would be $61.68 and Mr. Corey
responded that was correct. Mr. Scoggins then asked if the city goes to New Plan B that same
coverage is $56.46 so for the employee that is $5.22 per pay period. Mr. Corey responded that
was correct. Councilman Scoggins asked Mr. Corey to explain why they want to pay more
money. Mr. Corey responded the majority of the employees that attended the meeting on June
11 wanted to initially pay more in premiums and bear in mind there were about 50 employees
at the meeting. Mr. Scoggins asked why did they want to pay more in premiums? Mr. Corey
responded they wanted to get more coverage. Mr. Hawkins stated so the bottom line of this
whole scenario is that Plan B reduces, more effectively reduces, the employees' amount of
coverage. Mr. Corey responded yes. Mr. Hawkins then stated the hope will be that if you
lower the coverage for the individual employee, you will lower the claims because we are not
going to cover as much. Mr. Corey responded that was right and the hopes will be it will
lower the claims. Mr. Hawkins then stated for that privilege we are going to ask them to go
from paying $42 per pay period up to $56? Mr. Corey responded yes. Mr. Hawkins then said
lower their coverage and increase their cost? Mr. Corey stated yes. Mr. Scoggins said for
Plan B? Mr. Hawkins said for either plan but we'll do that. Mr. Hawkins stated in the
position paper that was put together, it states that our Covenant folks who are administering the
plan is recommending all this based on a belief or anticipation of a 24% increase in claims
liability to the city. Mr. Hawkins then stated so this is being driven on the fact that we
anticipate, and we do not know for a fact, that we are going to have a 24 % increase - we are
anticipating that and asked if that was correct. Mr. Corey responded yes. Mr. Hawkins then
stated then the Committee saw fit to delay action until, as far as deducting from the employees'
checks until January 1... Mr. Corey stated that if he might say so that he made that
June 21, 1999, meeting - continued
recommendation based on the employees. He further stated that a lot of the employees and we
are less than two weeks away from July 1 and we thought it would be extremely unfair — two
weeks — considering how much discussion the committee had had with the overall health
insurance plan and the changes — it would be extremely unfair to, in less than two weeks,
propose such an increase because it is obviously a dramatic increase on the employees in two
weeks. Mr. Corey stated they got a lot of feedback from the employees and they if anything
appreciated being able to wait until January before this change will go into effect. He further
stated when he met with the Committee that was one of the recommendations that he personally
took to them from the employees. Mr. Hawkins asked given that scenario, is there any urgency
on the council to even vote on this issue tonight, and why can't it be tabled for further study
and take the issue up on January 1? Mr. Hawkins stated what he thought could be
accomplished, in his opinion, was to do a little more studying and he understands Mr. Smith
said he had been talking with the County about the city going in with their plan, and Mr.
Hawkins stated he had also talked with the County and spent some time up there today and they
are willing to look at it. Mr. Hawkins said he did not know if that could be worked out but
they are certainly willing to look at it. Mr. Hawkins stated everyone knows he is a County
employee and for better coverage than what we are offering in Plan B, significantly better, he
pays $26.80 per pay period. He stated he asked Ms. Buckner, head of Personnel at Cobb
County, if she foresaw any immediate increase and she said costs were going up but it would
probably be an item in the 2001 budget and they would probably be coming forward with
maybe $6 or $7 bi-weekly increase. Mr. Hawkins stated we are asking our employees, if we
adopt this plan tonight, to pay $56 for less coverage than what County employees are getting
for $26 per pay period. He stated he also checked with the City of Marietta and they have
basic 80/20 insurance and it costs their employees $32 every week and they do not anticipate
any increase this year; the City of Roswell charges their employees $89 per month up to the
first year but once that employee reaches five years their family coverage insurance is free — it
costs the city employees nothing. Mr. Hawkins stated we went out into the real world and he
hears a lot of times that we don't live in the real world, so he checked Georgia Power and they
are about as real as he knows, and they have a multitude of plans but their basic 80/20 plan that
is most commonly used costs their employees about $80 a month or $40 every other week. Mr.
Hawkins stated if we adopt this plan, he knows for a fact we will be the highest government in
Cobb County on insurance premiums but he feels the city will be pushing the limits out there in
the private sector in the so called "real world." Mr. Hawkins stated he thought the city should
table this tonight until there has been time to discuss with the County the possibility of going in
with them and also to discuss the possibility with the other Cobb municipalities of going in
together with all the municipalities to go into a self -funded. Mr. Hawkins stated he did feel
very strongly that we are moving too fast on this and sees no urgent need if it is not going to be
an increased cost until January 1 anyway, that it can not be tabled tonight and take the issue up
at a later time when they have more information. He then stated he wanted that in the form of
a motion. Councilman Scoggins seconded the motion. Mayor Bacon stated there was a second
on the motion to table. Motion to table was denied 4-3 with Councilman Wood, Councilman
Cramer, Councilman Newcomb and Councilman Lnenicka opposed. Councilman Cramer stated
there is already a motion on the table. Councilman Wood stated you have to keep in mind that
the contact expires. Mr. Hawkins stated we can renew the contract and continue on with what
we have. Mayor Bacon stated we need to act on the motion to table. Mayor Bacon stated I
think that takes a little discussion about the table so let's address the table issue because that
may be a moot point. Mayor Bacon stated we have a motion and second to table this
item... Councilman Newcomb asked for a point of order. Mayor Bacon stated we have a motion
and second to table this item and called for a vote. Councilman Wood stated he would like to
respond. Mr. Wood stated when you say how much they pay, the city does not know what the
coverages are either and you can buy an HMO and pay less than that. Mr. Hawkins stated he
did know what the County covers because they cover him and he knows what the City of
Marietta covers. Mr. Wood stated you but you also know the County covers over 6,000 people
and when you have a pool that big ... Mr. Hawkins stated they cover 4,5000 people. Mr. Wood
stated that when you have a large pool it will always be less expensive in a bigger pool because
you spread the risk more. Mr. Hawkins stated and they might be willing to take us in but we
haven't explored that. Mr. Wood stated the committee has said and the Council has said and in
fact instructed Mr. Smith to contact them and he did. Mr. Hawkins stated you obviously have
the votes to push this through and that is very clear. Mr. Hawkins then stated that he wanted to
go on record to every voter in this city, every employee and every voter in his Ward that he
wants nothing to do with it, you're pushing along a tremendous increase to people who simply
can not afford it. He also stated the city did a retirement survey not long ago that showed that
the average salary in this city is $28,000 and that is nothing to be proud of and now we are
shoving along to people who make $28,000 even a higher increase and I do not think it is right
and I don't want to have anything to do with it. Councilman Cramer stated we are also pushing
June 21, 1999, meeting - continued
along for the cost of the taxpayers. We're going to eat up $280,000 and we keep saying the
$28,000 employee and what about the senior citizens that are on fixed income and asked if the
city is just made of money where we are just going to keep on doling it out? Mr. Cramer asked
if it is correct that in two weeks the city will run out of insurance? Mr. Corey stated the city
needs to renew the.insurance by July 1. Mr. Hawkins stated the city can renew without doing
this; we can renew exactly what we're doing right now. Mr. Cramer asked if the experience
rating would be the same as it is right now? Mr. Cramer stated it would be higher because of
the nine catastrophic claims the city has had. He then stated this action tonight is not a
guaranteed rate that we would renew at. Mr. Corey responded that was true but it is hard at
this point to determine what the experience is going to be. Mr. Corey stated we know what the
experience was last year as with any type insurance it is going to be hard to determine what the
experience is going to be. Mayor Bacon stated what we all are faced with is of course that the
city is actually reducing the benefits and raising the premium and there is no question that that
is what we are doing. Mayor Bacon stated according to what he has in front of him and what
he has been told, the major reason we are faced with what we're discussing tonight is the fact
that we had a bad year and if he remembered correctly there were nine catastrophic problems
that were within the system that really through our system and our coverage out of whack.
Mayor Bacon stated he feels as Mr. Hawkins does that he hates to pass on this increase directly
to our employees. Mayor Bacon further stated this past year the city has improved the
retirement, which was very much needed, and it got us up to par with everybody really. He
then sated what the city is doing is passing on an increase of about $14 or $15 a pay day and
maybe for those folks that make in excess of $30,000 they can maybe absorb that but what
concerned him is the people that are out there, the laborers who are out there picking up trash
and repairing the sewers and our roads and that is going to be a big hit for them. Mayor Bacon
stated he would just hope that whatever we decide to do tonight as a body that for those that are
coming back that next year we can honestly tell our folks that put us into office that we will
look at our experience and tell our employees and that we will reduce the premiums if our
experience has gone down. He then stated he doubted very seriously that we will, and hoped
that the city did not, have as bad a year this coming year as the city had this past year. Mayor
Bacon stated he felt that was why - and it says so in the issue sheet - "due to a difficult year of
unexpected claims." He then stated there have got to be some alternatives out there and maybe
between now and January the city can find some of those and further stated he would entertain
the idea of visiting whatever we can to try to keep our coverage and as the folks at Covenant
have told us that we had a very rich plan and for them to say that tells me that our coverage
was probably above what is the norm but by the city adopting the Plan B it will reduce the
coverage and increase the premiums and it is going to be tough for some folks to absorb that.
Councilman Cramer stated what he though Mr. Hawkins and several others have suggested
around the table is the reason for the delay to January 1 and to see if these premiums have to be
enacted when the experience ratings come around and maybe by then Cobb County or
somebody will allow us to tie onto their plan but this is the plan that Covenant and the Human
Resources Director and Mr. Smith have recommended. Mr. Hawkins stated he understands
that but his question is if it is not going to go into effect until January as far as the premiums
and there is no practical reason for even having to do this tonight and it does not even make
sense and you know and I know that once we invoke that increase it will never go down. Mr.
Hawkins stated there was one more thing he wanted to mention and that was if he thought for
one minute that this would cause a tax increase in this city I would not be for it and I am not for
taking money away from senior citizens or people on fixed incomes but the budget is balanced
and then asked if this increase that is being voted on, or you are going to put through is on an
anticipated increase and I don't see anything wrong with waiting until January, tabling this now
and see if we have an increase, but reducing people's benefits and increasing their costs just
flies in my face and I know it's going to fly in the face of every employee and I have never had
a citizen in this city in the twenty-two years that I have been here never had one to jump on me
and tell me that we pay employees too much or we have too good benefits - I have never seen
it. Mr. Corey stated he would like to make one comment and that this is at the onset is
obviously a reduction in benefits that was recommended by Covenant. Mr. Corey continued
that over the past month or so an array of employees who have expressed concern as far as
changes in the health plan are concerned. Mr. Corey stated these changes, if the experience
was not as bad as it was the previous year, the employees of course when we met with them
obviously had some concerns and we want to do any and everything we possibly can to
accommodate the employees at the same time. Mr. Corey stated it had been mentioned before
that it is not an easy decision and is extremely difficult because it is going to affect more than
300 employees. Mayor Bacon asked if the city is going to stay with HealthStar and Mr. Corey
responded that was correct. Mayor Bacon then asked if the only change in the plan, if
approved tonight, will increase the premiums effective January 1 to $56.46 per pay period for
family coverage and single coverage will go from 0 to $9.67 per pay period? Councilwoman
June 21, 1999, meeting - continued
Capilouto stated she would like to go on record as saying that the majority of the citizens that
she speaks with weekly, daily, monthly are the citizens of Ward 1 but noted she also spoke with
citizens of other wards but wanted to speak for the citizens of Ward 1. She stated those citizens
are complimenting our employees constantly, how courteous they are, how nice they are, how
helpful they are and occasionally there is a complaint about an employee but the multiple thanks
and the citizens telling me how wonderful the employees are well over the complaints I receive
and she further stated she has never, and also has said this in meetings, she has never had a
citizen in the few years she has served on Council have concern or question the salaries or the
pay scale of the employees nor the benefits. Mayor Bacon asked if there were any additional
comments and recognized Councilman Newcomb. Councilman Newcomb stated it is certainly
regrettable that we are in this situation — that health care costs have continued to go up just like
they are going up for everybody out there whether you work for the government or you're
retired or whether you work for a private company health care costs are going up. Mr.
Newcomb stated he wanted the folks he represents in his Ward to understand what is going on
here. Mr. Newcomb stated the city has a self-insurance fund which means we put money aside
into a kitty to pay health care costs and obviously you have to have enough money in that fund
which means the question comes up how fast does money go into that fund in terms of
premiums and how fast does it go out on the output side in terms of benefits paid, claims paid.
Mr. Newcomb stated that each year because the costs go out, the city is paying out more each
and every year, and more money needs to go into that fund. Mr. Newcomb stated over the last
years that the city has had the self-insurance fund with one exception the city has had to put
more money into that fund to keep up with the fact that benefits are going out faster than money
was going in. Mr. Newcomb stated the city has had a particularly bad claims year and so in
order to keep enough money in the fund the city has had to do two things — put more money
into the fund going into the fund and that is why the recommendation is that the premiums go
up and the city has got to slow down how much money is going out of the fund to keep the fund
at a proper level. Mr. Newcomb stated how they city plans how much needs to go into the
fund is not simply guesswork but is a recommendation in this case of a consultant and the
recommendation of the Human Resources personnel and the recommendation of the City
Administrator and after careful study by the Human Resources Committee. He stated in 1993
when the city first started the self-insurance plan they put in the policies and procedures section
on employee insurance "the total amount budgeted for employee insurance expenses represents
the estimated funds needed to cover the worst case scenario for employee health claims." He
then stated the city put enough money in there in Fiscal Year 1993 to cover the worst case
scenario for employee health claims not what they hope they will experience in the next six
months and next January you can look at it — the worst case scenario. He then stated that exact
language is in the FY93, FY94 document, FY95 document, in the FY96 document, the FY97
document, in the 98 fiscal year document and the 99 and he suspects it will be in the FY2000
budget just agreed to a month ago. He stated that the city puts in an amount of money to meet
the worst case scenario and that is why the amount of money has popped up so much this year
that we have to put in there is because we had a bad claims year and we have to assume that
that is a possibility to occur again. Mr. Newcomb stated the city has to do something to put
more money into the account and slow down the outgo of money. Mr. Newcomb stated he
would also like to point out to the people in Ward 2 that the city could through out all kinds of
figures here, my real world comparison to say what some people are paying $125, $200 a
month for family coverage and think they have a good deal but he stated he wanted to do what
is right by the employees, he cares for the employees and feels the city has a great bunch of
employees who work hard and give excellent service to the people of the city and deserve the
council's support and they have gotten that support. Mr. Newcomb stated it is a dilemma to be
in on the other hand in that the city also has to watch out for the taxpayers and stated he had
talked to some of the folks in his Ward and told them the single employees that work for the
city — about 120+ - pay nothing for their premiums and the city picks up the total cost of the
premium to go into the self insurance fund and for family coverage the city currently pays
85.3 % of the cost of that premium and the employee pays 14.7 %. Mr. Newcomb stated he did
not think it was unreasonable to say that the single employee that pays nothing should begin to
pay something and most of those employees recognize that as being fair and in terms of the
family coverage it does not seem unreasonable that the employee is going to go up to paying
16 % of the coverage and the taxpayer is going to pay the other 84 % of the premium for the
employee and further stated that did not sound like a bad deal. Mr. Newcomb stated he also
wanted the folks out there to be aware of some ... I did a little figuring because I am trying to be
sure that I am being fair on this issue and I would like to put this on the ... Mayor Bacon asked if
that was something Mr. Newcomb was going to share with the other members of Council. Mr.
Newcomb stated yes. Mayor Bacon stated the other members of council have not seen this
information. Mayor Bacon stated he wished this had been discussed Thursday night at the
regular agenda meeting. Mayor Bacon stated there is a motion and a second on the floor and
June 21, 1999, meeting - continued
stated to Mr. Newcomb that he thought he should have shared this information with the council
prior to tonight's meeting. Mr. Newcomb stated on the calculations that he did and just handed
out the seven years since the, city began its self-insurance fund the total expenditures in the city
have gone up 46%, personnel services have gone up 47.5%, operating expenses have gone up
48.9 % but our employee insurance costs have gone up 74 % . He stated particularly in the last
four years as indicated on one of the graphs presented the change in the health care costs has
gone up much, much faster than the total expenditure cost for the budget and the change in
personnel services. He stated he feels as though the city has to make some effort now to get the
health care costs reined in. Councilwoman Capilouto stated she has no problem with single
employees paying a premium and in fact was surprised to learn they were not paying anything
and would support a single employee paying an insurance premium just like an employee that
has a family. Councilman Hawkins stated that was a good point and he agreed and although
with the County the single employees do not pay until last year when the County began
charging them $7 or $8 and has no problem with them paying for their insurance but still thinks
there are a lot of options out there and can not understand why the city is having to rush into
doing this. He further stated he thinks the city can work this out before January Pt and sees no
need to push this through tonight and expressed his opinion that once it is approved it will not
back up. Mr. Hawkins stated he thinks the city is making a mistake and the relationship with
the employees has been better and we are going to take another huge step backwards but that is
up to the council. Mayor Bacon stated that for the most part everyone is in agreement about
the single coverage but what concerns him is those employees who do not have coverage in the
city and they are paid by the city $1,200 a year not to elect any coverage which costs the city
about $35,000 a year. Mayor Bacon stated there is not another city in this County nor does the
County have an opt -out clause where the County or the cities actually pay the employees for not
taking insurance. He further stated that is one thing he would like to see the city to look at that
and save $35,000 a year on that and there are some other issues that could probably be
addressed between now and January 15`. Mayor Bacon stated there is a motion and a second on
the table. Councilman Wood restated the motion. Councilman Wood made a motion to
approve the Revised Option B as presented on the agenda effective July 1, 1999, with the
exception on the sheet that HealthStar remain as the provider. Councilman Cramer seconded
the motion. Councilman Newcomb asked if that was Revised Option B New Plan and the
answer was yes. Motion was approved 4-3 with Councilwoman Capilouto, Councilman
Scoggins and Councilman Hawkins opposed.
(C) Approve Resolution Transferring Franchise from Vista Broadband Communications to
Charter Communications
Mr. Smith stated Vista Broadband Communications will be selling Smyrna Cable to Charter
Communications and this requires a franchise transfer on the part of the city and this has been
thoroughly reviewed through the Telecommunications Committee. Mr. Smith stated the city
has required that Customer Service Standards be included as a part of the agreement.
Mayor Bacon said there are representatives from both Vista Communications as well as Charter
Communications and asked them to come forward and asked Councilman Lnenicka to address
the issue.
Councilman Lnenicka stated he wanted to thank a number of people tonight for the proposal
that is before the city. He thanked Neil McHugh, representing Smyrna Cable TV officially
known as Vista Broadband Communications and Ron Johnson, State Director for Charter
Communications and who, if approved, will take over the franchise from Vista
Communications. He also expressed his thanks to the Telecommunications Committee - Jim
Hawkins, Bill Scoggins and himself - for a number of meetings that have been held and the
input of the council and the staff, the citizens and Mr. Smith as well as the Georgia Municipal
Association and in particular Andy Macke, Telecommunications Specialist on their staff. Mr.
Lnenicka stated the document presented tonight is a much better document than the city has
ever had before and includes nine pages of Customer Service Standards for the first time. Mr.
McHugh stated the city now has the opportunity to work with the fastest growing cable
company in the United States but more importantly the most innovative in a technology
standpoint and the most flexible, easy to deal with company. Mr. McHugh stated the current
staff will remain in Smyrna with the same basic contacts as always and many things will go
forward. Mr. Johnson stated Charter's goal is to improve service. Councilman Lnenicka asked
Mr. Johnson if he thought Smyrna would become the worldwide headquarters of Charter
Communications and he responded probably not. Councilman Lnenicka stated one of the things
discussed was the cable television company's continued support of the community with local
access Channel 13. Mr. Johnson responded that will be continued and further stated they are a
June 21, 1999, meeting - continued
good corporate citizen in every community they are in and certainly that is their goal in
Smyrna. Mr. Lnenicka asked Mr. Johnson if they have plans to continue or to accelerate the
upgrades that Vista has been doing and perhaps interconnecting systems to link the city on a
broader base. Mr. Johnson responded yes they plan to do all of the above. Councilman
Lnenicka asked Mr. Johnson to summarize why this is better for the citizens of Smyrna if the
franchise is approved tonight. Mr. Johnson stated the first thing the citizens' gain is in the
document itself in the form of Customer Service Standards. Mr. Johnson state that about half
of those standards are better than those required by the Federal Communications Customer
Service Standards. Mr. Lnenicka asked Mr. Johnson if he was willing to commit in writing
that Smyrna will certainly get better than minimum quality service and Mr. Johnson stated he
had already done that when he agreed to the document. Councilman Lnenicka made a motion
to approve the proposed resolution consenting to the transfer of control of the city's franchise to
erect, maintain and operate a cable television system in the City of Smyrna from Vista
Broadband Communications, LLC, to Charter Communications, LLC. Councilman Wood
seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Bid Award (Bid #99012) - Water Meters and Back Flow Preventors - Public Works
Department
Councilman Hawkins stated the Public Works Committee met on June 14 and recommends the
bid be awarded to Delta Municipal Supply which is the overall low bidder meeting
specifications. Councilman Hawkins made a motion to award the bid for water meters and back
flow preventors to the overall low bidder meeting specifications, Delta Municipal Supply, for a
total cost of $10,000. Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Bid Award (Bid #99014) - Paper Products Inventory - Public Works Department
Councilman Hawkins stated the Public Works Committee met on June 14 and Fulton Paper and
Don Swann were almost equal in price but Fulton Paper was one day quicker on delivery and
therefore the Committee recommends the bid be awarded to Fulton Paper Company.
Councilman Hawkins made a motion to award the bid for paper products inventory for the
Public Works Department to the overall low bidder, Fulton Paper Company. The total cost for
the paper product inventory is approximately $6,600. Councilman Wood seconded the motion.
Motion was approved 7-0.
(C) Bid Award (Bid #99015) - Pipes, Fittings and Valve Inventory - Public Works
Department
Councilman Hawkins stated this bid covers several areas and there were four vendors
responding. Mr. Hawkins stated after reviewing the bids it appears each one of the companies
was low in certain categories and those suppliers were contacted and indicated they are willing
to split the bid. Councilman Hawkins stated the Committee is recommending that the bid be
split and awarded to the four vendors to buy the lowest priced items from each vendor.
Councilman Hawkins made a motion to award the bid to the various vendors responding to the
bid. Councilman Cramer seconded the motion. Motion was approved 7-0.
(D) Bid Award (Bid #99016) - Petroleum Products - Public Works Department
Councilman Hawkins stated bids were solicited from fourteen vendors with two responses -
Metro Petroleum and S. A. White with Metro Petroleum being the overall low bidder and the
Committee recommends awarding the bid to Metro Petroleum. Councilman Hawkins made a
motion to award the bid for petroleum products for the Public Works Department to Metro
Petroleum for an approximate annual cost of $100,000. Councilman Wood seconded the
motion. Motion was approved 7-0.
June 21, 1999, meeting - continued
(E) Bid Award (Bid #99017) - Replacement Fire Hose
Councilman Newcomb stated seventeen bids were mailed and seven vendors responded. He
further stated this is routine replacement of fire hose. Councilman Newcomb sated the Fire
Committee has met and reviewed the bids and are recommending the bid be awarded to the
vendor bidding on the ANGUS brand of hose - Tennessee Fire Equipment - with a total cost of
$12,936.22. Councilman Cramer seconded the motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of June 7, 1999, Minutes
(B) Approval to Use council Chambers, June 22, 1999 - 7:00 - 9:00 p.m. - Windy Hill
Road Meeting
(C) Renewal of Street Sweeping Contract
(D) Approval to Obtain Additional Asbestos Sampling - Four City -owned Buildings in
Downtown Area (Fire Station #1, Must Ministries, Former Museum and 2640 Atlanta
Road)
(E) Approval to Use Water/Sewer Bond Funds for Sanitary Sewer (Contract Unit Pricing)
For Bell Drive and Woodland Terrace
(F) Approval to Use Water/Sewer Bond Funs for Water Main (Contract Unit Pricing) for
Bell Drive
(G) Approval to Obtain Sewer Easements - Woodland Terrace and Bell Drive
(H) Approval to Request Bids for Grading Services for Downtown Retail
(I) Approval to Request Bids for Geo-Technical Services for the Downtown Area
(J) Approval of FY2000 One -Percent Road Improvement Budget
(K) Approval to Enter an Agreement with Cobb County for the 1999 LARP Resurfacing
(L) Approval to Install a Water Meter on Cooper Lake Road
(M) Approval to Purchase High-speed Printer for Utility Services
(N) Approval to Advertise for Abandonment of Right -of -Way (Old Pasadena Boulevard)
(0) Approval to Request Bids - Magnetic Locks for Probation Offices
(P) Approval to Request Bids - Picnic Tables for Church Street Center
(Q) Extend Inspection Period for City Landfill Property from June 7,1999, to June 25,
1999
(R) Approval to Use Council Chambers, Monday, June 28, 1999 - 10:30 a.m. - 1:00 p.m.
- Veterans Memorial Association of Georgia, Inc., Meeting
Councilman Wood made a motion that the Consent Agenda be approved. Councilman
Lnenicka seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilwoman Capilouto announced she is having a Ward 1 meeting on Thursday evening,
June 24, 1999 at 7:30 p.m. at the Community Center. Councilwoman Capilouto announced
that her voice mail at the city has been malfunctioning and she will be returning those phone
calls as soon as possible. Councilwoman Capilouto stated she had previously mentioned a
gentleman who represented himself as an employee of ADT and the intimidating flyer that he
was leaving at residences. She further stated she had received a letter from the attorney who
represents ADT advising this company and Mr. Shah that he was falsely identifying himself as
an ADT Security Systems employee and they were in breach of their authorized dealer
agreement. Ms. Capilouto stated that problem has now been taken care of and expressed her
appreciation to the citizens who mailed the flyer to her so she could get the name of the
gentleman and his phone number.
Councilman Newcomb asked Chief Hook for a report from the Police Department. Chief Hook
announced that the Police Department has received some awards over the last couple of months
as follows: Officer William Hegwood and Detective K. K. Wrozier were selected by their peers
as the Outstanding Officers of the Year and presented plaques by the Optimist Club at their
weekly breakfast meeting on May 14; Officer Frank Durrance traveled as a guest of the
Governor's Office of Highway Safety and represented that office in Illinois at a recent week-
long conference; Lt. Doug Carlson, STEP Unit, received an award from the University of
Georgia Extension Service for -the STEP Unit's work on the usage of seatbelts; Captain Fred
Brack received a plaque from the Cobb County Bar Association for his continuous cooperation
over many years; Lt. Mike Brown will attend a week-long conference in Washington, D.C.,
presented by the National Institute of Justice on Technology compliments of the Department of
June 21, 1999, meeting - continued
Justice. Chief Hook then announced that the International Brotherhood of Electrical Workers,
Local 613, donated $500 for the purchase of one vest for an officer. Chief Hook then reported
the statistics for the month of May as follows: Homicides remained stable; rapes - 2 compared
to one the previous year; robberies - 3 compared to 16 in 1998; aggravated assaults went down
one; other assaults went down 17; burglaries were up by four; thefts were down from 142 to
127; stolen cars were up 23 versus 26 and overall the crime statistics dropped 14%. Chief
Hook stated his department investigated 290 accidents with 73 injuries; wrote 1882 tickets; 28
DUI's and 309 people passed through the jail.
Councilman Newcomb asked Chief Larry Williams for an update on the fire station. Chief
Williams reported they are probably a few days behind schedule but the station will still be
ready a couple of weeks before they need it for their grand opening. He stated the new fire
trucks that are on order have been inspected and will be delivered in about three weeks. Mayor
Bacon stated he thinks Choate Construction has done a great job on keeping the fire station on
schedule.
Councilman Newcomb stated there was no report from the Court Services Department this
evening and expressed his appreciation to Deputy City Clerk Candis Joiner for attending the
meeting this evening.
Councilman Scoggins asked Mike Seigler for a report from the Library. Mr. Seigler reported
there were 11,508 items circulated in May and 14,260 people visited the library in May. He
then announced there are a couple of new items in the library - Children's Internet computer,
which is filtered, and is designated for children but adults are required to accompany children
when they are using the computer; new software has been installed that has a database that goes
directly into the search engine and will allow patrons to reserve books themselves and check the
status to see what they have currently checked out. Mr. Seigler stated classes will be held on
the new software the first Tuesday of every month at 10:30 a.m. and encouraged everyone to
attend. Mr. Seigler reported registration for the Special Programs for the Summer Reading
Club will be June 26 at 9:00 a.m. Mr. Seigler announced that on June 26 at 1:00 p.m. the
Pandean Players will provide a free concert which will be held outside at the Gazebo if the
weather permits or indoors if the weather is not cooperative. Mr. Seigler expressed his
appreciation to Frank Adams and Fred Brack for their assistance recently in providing
community service workers and inmates to assist the library in moving the 90,000 books and
shelves in the library while it was being painted.
Councilman Scoggins asked Steve Ciaccio for a report from the Parks Department. Mr.
Ciaccio announced there will be a Red Cross Blood Drive on June 22 between 2:30 and 7:30
p.m. at the Community Center. Mr. Ciaccio announced the day camp at Tolleson Park began
today with 42 children in attendance; the therapy exercise program at the aquatics center began
today; the summer/fall activities program information brochure will be out in a couple of
weeks.
Councilman Hawkins stated there is no report from the City Engineer this evening.
Councilman Hawkins asked Robin Broyles for a report from the Community Development
Department. Mr. Broyles reported the May permit numbers as follows: estimated construction
costs - $33,287,000 last year and this year $73,245,000; actual building permit costs last year -
$126,192 and this year $258,999 and announced they are still extremely busy.
Councilman Hawkins stated that he had mentioned in the work session last Thursday night that
if the city passed the cost of insurance on to the employees, which has been done, he would
think that this council ought to come back and consider an across the board cost of living raise.
Mr. Hawkins stated he had waited and purposely did not ask that that this item be placed on the
agenda to see the results of tonight but added that he will make a request to have on the next
council meeting in addition to the 4% merit raise, which will take effect in July, giving the
employees a 2% across the board cost of living raise effective at the next council meeting to
help offset the cost that they are going to incur so at least they will break even or maybe take
home a little bit more in their paychecks. Mr. Hawkins stated under the present plan beginning
January 1 employees will be taking home less money than what they are taking home today.
Councilman Hawkins stated he will have this item on the agenda provided that this vote tonight
is still standing by the time of the next council meeting.
Councilman Cramer stated he would like to announce that thanks to the Mayor's help, the
Governor of the State of Georgia has transferred funds in the amount of $10,000 from his
June 21, 1999, meeting - continued
discretionary fund for the Veterans Memorial Association of Smyrna, Inc. and noted that
Chairman Bill Lnenicka has already sent in a reply to the Governor. Mr. Cramer expressed his
appreciation also to Representative Randy Sauder for his assistance in securing this funding.
Councilman Lnenicka stated there is no report from the Finance Department this evening but
there will be one in July. Councilman Lnenicka announced the city had received a letter dated
June 8 from Roy Fowler of the Cobb Marietta Water Authority concerning a water use
advisory. Mr. Lnenicka read excerpts from the letter which stated there is a voluntary water
ban on outside watering between the hours of 4:00 p.m. - 10:00 p.m. weekdays and weekends.
Mr. Lnenicka stated again this is a voluntary advisory and the water authority has asked the city
to implement this advisory. Mr. Lnenicka stated the Water Authority will give the city as
much advance notice as possible should a mandatory water advisory become necessary and
expressed his appreciation to the citizens who will cooperate with the voluntary reduction of
water usage during the hours between 4 - 10 p.m.
Councilman Lnenicka stated the council struggled tonight with some tough issues but as much
as they sometimes argue, they struggle with the issues because they really care. Mr. Lnenicka
stated in the last month the council has put in a lot of late hours but he is pleased they have the
ability to express themselves in the meetings, state their opinions, have strong opinions but they
do it because they care about not only the employees but also the taxpayers and the other
elected officials they serve with and feels that is a point of strength of council and not
weakness. Councilman Lnenicka commended the council for continuing to work together
through these difficult issues, for the willingness to put in the hours and effort and time that
these issues have required from them.
Councilman Wood asked Human Resources Director Chris Corey to announce the current job
openings. Mr. Corey announced there are currently openings for a Records Clerk in the Police
Administration Department; SMURFS in the Parks and Recreation Department; Part-time
receptionist in City Hall Administration; Part-time temporary Housing Inspector for the
Community Development, Communications Operator and Laborer 11 in the Sanitation Division
of the Public Works Department. Mr. Corey also stated the city does have a job hotline and
announced the phone number as 770-432-2811.
Councilman Wood extended congratulations to Mr. Jim Wooten who is a long time Smyrna
resident and a resident of Ward 7. Mr. Wood stated Mr. Wooten recently retired from the
Georgia National Guard as a Brigadier General with 30 years of service, 24 years in the
Georgia Guard and a tour of duty and active duty. Mr. Wood stated both Jim and Anne
Wooten are very active citizens in the community and Mr. Wooten is the editorial page editor
of the Atlanta Journal and Constitution and again extended congratulations to him on his
retirement and announced Mr. Wooten was also presented the Legion of Merit decoration.
Mayor Bacon announced the recent concert was excellent and there were approximately 2,000
people in attendance.
ADJOURNMENT
With no further business, the meeting adjourned at 10:15 p.m.
June 21, 1999, meeting - continued
A. MAX BACON, MAYOR
MELINDA DAMERON, CITY CLERK
CHARLENE CAPIL UTO, WARD 1 RON NEWCOMB, WARD 2
9ACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7