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June 19, 2000 Council Meeting June 19, 2000 .. 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 Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Budget Officer Greg Van Antwerp, 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 Representative Carol Cowan, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Rick Carroll of Bethel Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Councilman Lnenicka and Chief Williams who presented a certificate of appreciation to Mr. Jonathan Maguire for his heroic efforts during a fire on March 20, 2000. Councilman Lnenicka thanked Mr. Maguire for his valor. Mr. Maguire thanked the City of Smyrna. Mayor Bacon introduced Judge Adele Grubbs, candidate for Superior Court Judge, who reminded everyone that the election is July 18, 2000 and urged everyone to vote. Judge Grubbs stated that she has been a resident of Smyrna for thirty-one years. Mayor Bacon introduced Ms. Diane Grey, Clerk of the State Court of Cobb County, who urged everyone to vote for her on the Republican Primary. Mayor Bacon introduced Ms. Angie Davis, Chief Deputy Clerk, who is running with Ms. Grey. Ms. Davis urged everyone to vote for her and Ms. Grey. .. Mayor Bacon introduced Ms. Ginger Collins, candidate for State Representative, who urged everyone to sign her petition for election and asked for volunteers to gather signatures. Mayor Bacon introduced Ms. Laurie Smith and Ms. Kay Harrell who stated that they are running for Chief State Clerk and Chief Deputy Clerk and asked for everyone's support. Mayor Bacon introduced Mr. Frank Cox, candidate for Chief Magistrate in the republican primary, who stated that he would appreciate everyone's vote. Mayor Bacon introduced Mr. Dan Cavellier, candidate for District 2 Cobb County Commissioner, who stated that Cobb County needs a commissioner with big business expenence. Mayor Bacon recognized Mr. Floyd Millis, 1878 Wynridge Drive, who asked if the Veterans Memorial Association is associated with the City of Smyrna and Mayor Bacon stated that the initial association was appointed by the Mayor and Council. Mr. Smith stated that the City is providing overflow space for office use. Mr. Millis recommended that the City of Smyrna hire Spanish speaking police officers and Mr. Smith stated that the City of Smyrna has already been actively hiring Spanish speaking personnel. .. Mayor Bacon introduced Mr. Olen Hembree, Cobb County resident, Co-Chair of the Cobb County Community Services Board Advisory Council, who stated that he has never heard of any problems or complaints of any neighbors of the Cobb County Community Service Centers in the years that he has been involved. Mayor Bacon introduced Ms. Laura Ciprotti, Chairman of the Georgia Mental Health Services Coalition, who stated that she believes that the City's plan to purchase the Brawner property is bigotry and is sending a clear message to the community that Smyrna scorns people with mental disorders. June 19, 2000 2 Mayor Bacon introduced Ms. Swiss Britt, a member of the Community Services Board, who stated that the Mayor and Council's decision regarding the Brawner property will seriously impact the citizens of Smyrna who need assistance and treatment. Mayor Bacon stated that the City of Smyrna has unsuccessfully attempted to reach the Cobb Community Services Board and its chairman for many months and that the City was just recently informed about the proposed offered services. Mayor Bacon recognized Mr. Lee Hardeman, Heritage at Vinings resident, who stated that he is heavily involved with finding residences for adults with mental disabilities and that safety is a definite consideration. Mr. Hardeman stated that he does not feel that the Cobb Community Services Board has evaluated the safety issue. -- Mayor Bacon recognized Mr. Mike Edwards who stated that he has been a patient at the Brawner facility and that he is a productive member of society. Mr. Edwards stated that he also has been a member of the advisory council for the Cobb Community Services Board and that he thinks the Brawner property is the best place to locate the services. Mr. Scott Cochran stated that the letter sent to the Community Service Board mentioned that any program of the Cobb Community Services Board is welcome in the City of Smyrna and that the City would assist in many ways to locate a new site. Mayor Bacon recognized Mr. Bart Starr, president of the National Alliance for the Mentally Ill, who stated that his group would be happy to host an educational discussion of alternative sites for all involved individuals. Councilman Lnenicka stated that the City of Smyrna is not opposed to the treatment of mental health and that the City of Smyrna has proven to support the treatment historically and that he is very frustrated because he has repeatedly tried to meet with the board and welcomes any assistance in facilitating a meeting. Mayor Bacon recognized Ms. Michelle Marriott, who stated that she is very concerned about the proposed Cobb Community Services Board's location at the Brawner property. fIIIItI PUBLIC HEARINGS: (A) Approval of Proposed Fiscal Year 2001 Budget. Mr. Smith stated that the first reading of the proposed budget was held at the June 5, 2000 Council Meeting. Councilman Hawkins introduced Ms. Edgar who reported the total budget for FY2001 is $38,116,758.00. Ms. Edgar stated that this is an 8.10% total increase. Ms. Edgar stated that the general fund for FY2001 is $27,127,894.00, the special revenue is $1,351,437, and the water and sewer fund is $9,637,427. Ms. Edgar stated that the City is adding eighteen new full time positions that will increase payroll by $399,985.00 and two new part-time positions that will increase payroll by $24,410.00. Councilman Hawkins stated that this balanced budget is based on a millage rate of 10.45% that is a decrease of .25% from last year. Councilman Hawkins stated that the addition of the eighteen employees is the largest addition in recent history because of the City's growth. Councilman Hawkins thanked Ms. Edgar and Mr. Van Antwerp for their assistance with the budget. Mr. Smith thanked the City department heads, finance department and Finance Committee for their hard work and dedication during the budget process. Mr. Smith congratulated Ms. Edgar for winning the Budget Presentation A ward for the ninth consecutive year. Councilman Hawkins stated that the award is for the documentation of all money that is collected and distributed by the City of Smyrna. Councilman Hawkins made a motion to approve the FY2001 budget as presented and Councilman Scoggins seconded the motion. Motion was approved 7-0. ..... (B) Privileged License Request-Retail Package License (Beer and Wine)-North Georgia Convenience Management LLC#736, d/b/a Exxon-2370 Spring Road. June 19, 2000 3 Mr. Smith stated that this request is a change of ownership and that the police investigation does not reveal anything that would deny the request for a privileged license. Mayor Bacon stated that this is a public hearing and asked for any opposition. There was none. Councilman Newcomb stated that this location has been cited for alleged under age alcohol sales during a sting operation and has not appeared in a show cause hearing. Councilman Newcomb made a motion to table the request until the July 3, 2000 council meeting for a privileged license for a retail package license for beer and wine for North Georgia Convenience Management LLC #736 d/b/a Exxon at 2370 Spring Road and Councilman Cramer seconded the motion. Motion was approved 7-0. ... (C) Privileged License Request-Retail Package License (Beer and Wine)- North Georgia Convenience Management LLC#716, d/b/a Exxon-677 Concord Road. Mr. Smith stated that this request is a change of ownership and agent and that the police investigation does not reveal anything that would deny the request for a privileged license. Mayor Bacon stated that this is a public hearing and asked for any opposition. There was none. Councilman Newcomb stated that this location has been cited for alleged under age alcohol sales during a sting operation and has not appeared in a show cause hearing. Councilman Hawkins made a motion to table the request until the July 3, 2000 council meeting for a privileged license for a retail package license for beer and wine for North Georgia Convenience Management LLC #716 d/b/a Exxon at 677 Concord Road and Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Privileged License Request-Retail Package License (Beer and Wine)- Torey Business Inc., d/b/a South Cobb Drive Food Mart-2691 South Cobb Drive. Mr. Smith stated that this is a new ownership and Ms. Annie Virginia DuvallCharter will be the agent for this establishment. Mr. Smith stated that the police investigation showed no reason to deny the request for a privileged license. Mayor Bacon stated that this is a public hearing and asked for any opposition. There was none. .. Councilman Cramer stated that Ms. Charter has been issued a privileged license before and is familiar with the privileged license ordinance. Ms. Charter stated that this establishment was visited during a sting operation and passed. Councilman Cramer made a motion to approve the privileged license request for retail package license for beer and wine for Torey Business Inc., d/b/a South Cobb Drive Food Mart at 2691 South Cobb Drive with Ms. Charter as the agent. Councilman Wood seconded the motion. Motion was approved 7-0. (E) Privileged License Request-Retail Pouring License (Beer, Wine and Liquor)-Suite Tenant, Inc., d/b/a Sumner Suites- Galleria- 2876 Springhill Parkway. Mr. Smith stated that this request is an agent change only and that Ms. Deborah Appling is the applicant. Mr. Smith stated that the police investigation does not show any reason to deny the request. Mayor Bacon stated that this is a public hearing and asked if there was any opposition. There was none. .. Councilwoman Capilouto asked Ms. Appling if she has been given a copy of the alcoholic beverage ordinance and Ms. Appling stated yes. Councilwoman Capilouto asked Ms. Appling if she has ever been an agent before and Ms. Appling said no. Councilwoman Capilouto asked what the percentage of alcohol sales at Sumner Suites and Ms. Appling stated that it was a very minimum. Councilwoman Capilouto made a motion to approve the privileged license request for retail pouring license for beer, wine and liquor for Suite Tenant, Inc., d/b/a Sumner Suites Galleria at 2846 Springhill Parkway with Ms. Appling as the agent. Councilman Newcomb seconded the motion. Motion was approved 7-0. (F) Rezoning Request-1519 Whitfield Street and 1498 Roswell Street-from R-15 and F.C. to RTD Conditional. Councilman Scoggins stated that the applicant has submitted a letter asking that the rezoning be withdrawn without prejudice and made a motion to withdraw the rezoning request for 1519 Whitfield Street and 1498 Roswell Street from R-15 and F.C. to RTD Conditional. Councilman Cramer seconded the motion to withdraw. Motion to withdraw was approved 7-0. June 19, 2000 4 (G) Land Use Change Request--1519 Whitfield Street and 1498 Roswell Street-from Low Density Residential to High Density Residential. Councilman Scoggins stated that the applicant has withdrawn the rezoning request and therefore no action is needed on this item. (H) Land Use Change Request-Land Lot 596, Collier Drive- 13.301 Acres- 17th District, 2nd Section, Cobb County, Georgia- from Medium Density Residential to Low Density Residential. Mr. Smith stated that this request is due to a recent rezoning that reduced the density on the future land use map. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. There was none. -- Councilman Lnenicka made a motion to approve the land use change request of land lot 596 on Collier Drive for the 13.301 acres 17th District, 2nd Section, Cobb County, Georgia from medium density residential to low density residential. Councilman Wood seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Smyrna Hospital Authority- Ward 5. Councilman Cramer made a motion to table the appointment to the Smyrna Hospital Authority for Ward 5 until the July 3, 2000 and Councilman Lnenicka seconded the motion. Motion to table was approved 7-0. (B) Authorize Mayor to Sign Memorandum of Agreement with the Atlanta Regional Commission on a Storm Water Education Program. Mr. Smith stated that the Environmental Protection Agency has required all metropolitan communities to engage in a public education act regarding storm water discharge. Councilman Scoggins made a motion to authorize the Mayor to sign a memorandum of agreement with the Atlanta Regional Commission on a storm water education program and Councilman Lnenicka seconded the motion. Motion was approved 7-0. ..., (C) Authorize the Acquisition of the Property Located at 3180 Atlanta Road Smyrna, Georgia 30080 through Negotiations and/or Eminent Domain. Mr. Smith stated that the Mayor and Council have been discussing acquiring this property for public uses for green space and recreation. Councilman Hawkins stated that the Mayor and Council have discussed building a tennis center on the Brawner property for approximately two years. Councilman Hawkins stated that the plans for a tennis center have been on hold until the Cobb County Commissioners decided to place a 1 % tax for parks and sidewalks on the ballot this fall. Councilman Hawkins stated that if the tax is approved, the Mayor and Council would like to utilize the money to fund a tennis center on the Brawner property. Councilman Hawkins stated that City Officials are more than willing to work with the Cobb Community Service Board to find a suitable location for their programs. Councilman Hawkins made a motion to authorize the acquisition of the property located at 3180 Atlanta Road Smyrna, Georgia 30080 through negotiations and/or eminent domain. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Validation of Petition for Annexation- Land Lots 329 and 392- Near Cooper Lake Road-17th District, 2nd Section, Cobb County, Georgia. ..., Mr. Smith stated that Mr. Barnett, Ms. Langley and Mr. Dwyer have submitted a petition for annexation on this 1.3-acre tract. Councilman Wood stated that this small tract of land directly abuts property that has been annexed into the City and made a motion to approve the validation of petition for annexation for land lots 329 and 392 near Cooper Lake Road, 17th District, 2nd Section, Cobb County, Georgia. Councilman Cramer seconded the motion. Motion was approved 7-0. June 19, 2000 5 COMMERCIAL BUILDING PERMITS: (A) Raymond Fowler Requests a Commercial Building Permit for the Construction of a 5,000 Square Foot Warehouse. Councilman Hawkins made a motion to approve the commercial building permit for the construction of a 5,000 square foot warehouse and Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: .. (A) Bid A ward- Painting Services for Community Center. Councilman Wood stated that bids were sent to eight vendors with two responses. Councilman Wood stated that the Parks and Recreation staff has reviewed the bids and recommends the bid be awarded to Drinnon Painting. Councilman Wood made a motion that the bid for the painting services at the Community Center be awarded to Drinnon Painting, because of the company's prior experience in delivering quality work at the Community Center, for a total cost of $8,850. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award-Shuffleboard Construction at Church Street Center. Councilman Wood stated that bids were sent to three vendors with one response. Councilman Wood stated that the Parks and Recreation staff has reviewed the bids and recommends the bid be awarded to the only bidder meeting specifications, Nidy Company. Councilman Wood made a motion that the bid for the shuffleboard courts and park benches at the Church Street Center be awarded to the Nidy Company, for a total cost of $17,665. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: ..., (A) (B) (C) (D) (E) (F) (G) (H) Approval of June 5, 2000 Minutes. Approval of FY200 lOne Percent Road Improvement Budget. Approval to Request Bids to Purchase a 5 Gas Analyzer for City Garage. Approval to Request Bids for the Milling and Resurfacing of Bell Drive. Approval to Request Bids for Purchase of a Garbage Truck. Approval to Request Bids for Replacement Office Furniture from State Contract. Approval to Request Bids for Traffic Signal at Atlanta Road and Collier Drive. Approval to Use Council Chambers June 20, 2000 for a Ward 6 Homeowners' Meeting. Councilman Scoggins made a motion to approve the consent agenda and Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood stated that he is happy to be attending the council meeting and recognized Ms. Jennifer Bennett who stated that the concert on June 16th went great. Ms. Bennett reminded everyone that there will be a concert on July 14th. ... Councilman Wood recognized Mr. Seigler who presented the circulation and attendance numbers for the Smyrna Library. Mr. Seigler thanked Charter Communications for installing four cable modem Internet stations. Mr. Seigler stated that the Friends of the Smyrna Library has made the Congressional Record and that the Smyrna Library is hosting a children's summer reading program, and Internet classes. Mr. Seigler stated that Ms. Amelia Brissett and Ms. Beverly Smith both have art exhibits at the Library. Councilman Wood introduced Mr. Ciaccio who stated that the parks and recreation commission is working on a proposed document, Youth Sports Facilities Use Agreement, which could be utilized as a business document between the parks and recreation department and the organizations. Councilman Lnenicka welcomed Councilman Wood and congratulated Councilman Cramer on his marriage. June 19, 2000 6 Councilman Lnenicka stated that in reference to Item (G) on the Consent Agenda, the developer will be paying for the signal at Collier Drive and Atlanta Road up to $60,000. Councilman Lnenicka wished Katie Freeman, daughter of Mr. Larry Freeman, good luck during the Miss Georgia competition in Columbus. Councilman Cramer introduced Mr. Bill Lnenicka who stated that 137,000 Veterans Memorial brochures were mailed out this week. Councilman Cramer introduced Mr. Corey who announced the job openings for the City of Smyrna. Councilman Hawkins introduced Ms. Edgar who reminded the citizens of the water ban. Ms. Edgar commended Mr. Van Antwerp on his work on the budget. ...., Councilman Scoggins welcomed Councilman Wood back. Councilman Scoggins introduced Ms. Kirk who reminded everyone of the summer clean up day. Ms. Kirk stated that the walking trail around the duck pond has begun. Ms. Kirk invited the public to visit the sensory garden at the Community Center. Councilman Scoggins introduced Mr. Stokes who announced the new sanitation schedule that goes in effect on August 1, 2000. Mr. Stokes reminded everyone to use paper bags for their yard waste. Councilman Newcomb thanked Mr. Stokes for the work on the Spring Road median. Councilman Newcomb introduced Ms. Cowan who announced the building statistics for the month of May. Ms. Cowan read a letter from Mr. Broyles regarding certificates of residency in relation to landscaping during the drought. Ms. Cowan announced the policy on construction work hours. Councilman Newcomb thanked Councilman Hawkins and Ms. Edgar for their work on the budget. Councilman Newcomb stated that Mr. Smith's leadership during the budget process is greatly appreciated. ...., Councilwoman Capilouto asked Ms. Kirk to describe the best method of mulching trees during this drought. SHOW CAUSE HEARINGS: (A) Leroy's Liquors-2230 South Cobb Drive-Leroy Burns, Agent. Mr. Smith stated that this establishment was charged with the sale of alcohol to a minor in August 1999 and that the establishment was accessed a four day suspension and a five year probation. Mr. Smith stated that on December 21, 1999 an eighteen-year-old informant purchased one pint of Busch Beer from the store clerk without being asked for any identification. Mayor Bacon introduced Mr. Begner, council for Leroy's Liquors, who stated that he would like a continuance until the court case is settled. Mayor Bacon asked Mr. Cochran if this case could be heard tonight or should it be heard after the case is settled and Mr. Cochran stated that the Mayor and Council could decide when to hear this case. Councilman Newcomb questioned Mr. Cochran if the City Ordinance specifies the legalities of show cause hearings and Mr. Cochran stated that in the vast majority of cases in the last few years the show cause hearing was held prior to the adjudication. Mr. Begner placed a constitutional objective because he would like the show cause hearing to be held after the court case is settled because prior cases have had the opportunity to delay their hearing. Mr. Begner stated that he objects to going forward because the informant is not present to prove that he is a minor. Mr. Begner stated that the sixth amendment allows for the right to cross-examine the informant at an administrative hearing. Mr. Begner stated that his client's fifth amendment right is being denied because this hearing is being heard prior to the criminal case being settled. ...., Mayor Bacon asked Mr. Begner if he believes the informant used falsified identification during the sting operation and Mr. Begner stated that he has no idea because he has not had the June 19, 2000 7 opportunity to speak with the informant. Councilwoman Capilouto asked Mr. Begner if he is disputing the fact that this incident actually happened, and Mr. Begner stated that there is no evidence to prove that the incident happened. Councilman Hawkins asked Mr. Begner why Ms. Parmam would not testify and Mr. Begner stated that Ms. Parman is being charged with a state misdemeanor and if she was forced to testify it would violate her fifth amendment right to silence. Mr. Begner stated that he would raise this objection anytime that a show cause hearing is held prior to adjudication. - Mr. Cochran stated that he does not believe the informant needs to be present for the City to make its case and that one of the officers in the case has had a family emergency and has not arrived yet. Councilman Lnenicka asked Mr. Begner if a date has been set for state court and Mr. Begner stated that he does not have a date yet. Mayor Bacon asked Mr. Begner if he would be agreeable to continuing the show cause hearing to July 3, 2000 and Mr. Begner stated that he would. Councilman Newcomb stated that this incident occurred 6 months ago and there have been many delays in the court process and that the council should only allow this last continuance. Mr. Begner stated that the Smyrna code provides for a right to a jury case for code violations. Councilman Hawkins stated that he would like everyone present that is necessary for the hearing on July 3, 2000. Councilman Cramer made a motion to table the show cause hearing for Leroy's Liquors 2230 South Cobb Drive, until July 3, 2000 and Councilman Wood seconded the motion. Councilman Newcomb stated that the Mayor and Council take underage sale of alcohol to minors very seriously. Motion was approved 7-0. ... ... June 19, 2000 ADJOURNMENT the meeting adjourned at 9:43 p.m. A. MAX BACON, MAYOR -oq--- ~) ~~--' SCOGGINS, W 3 JACK CRAMER, WARD 5 ~&4/~ CHARLES PETE WOOD, WARD 7 ,7... J.../L-- RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 8 'WII/I ...., """'"