Loading...
January 3, 2000 Council Meeting January 3, 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 were City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott A. Cochran and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: - Mayor Bacon recognized Congressman Johnny Isakson. Congressman Isakson thanked the Mayor for the opportunity to speak and congratulated the Mayor and Council on a job well done. Congressman Isakson recognized State Representative Don Wix, State Representative Randy Sauder, Judge Ken Nix, and Judge Adele Grubbs. Congressman Isakson pledged his assistance to the city. NEW BUSINESS: (A) Introduction of Council Members Mayor Bacon introduced Judge Ken Nix. Judge Nix administered the Oath of Office to Mayor Bacon and the Council members. (B) Recommendations and Approval of Appointed Positions Mayor Bacon then made the following recommendations: (A) City Attorney .... Mayor Bacon expressed his sorrow over the death of former City Attorney, Charles E. Camp. Mayor Bacon recommended that Scott Cochran of the law firm, Cochran, Camp and Snipes be appointed as the City Attorney. Councilman Lnenicka made the motion to appoint Scott Cochran as the City Attorney. Councilman Newcomb seconded the motion. Motion was approved 7-0. Judge Nix administered the oath to Mr. Cochran. (B) Municipal Court Judge Mayor Bacon recommended that Mr. Alton Curtis, Jr. is appointed as the Municipal Court Judge. Councilman Hawkins made the motion to appoint Mr. Curtis as the Municipal Court Judge, and Councilman Wood seconded the motion. Motion was approved 7-0. Judge Nix administered the oath to Mr. Curtis. (C) City Clerk Mayor Bacon recommended that Mrs. Candis Joiner be appointed as City Clerk. Councilman Lnenicka made the motion to appoint Mrs. Joiner as City Clerk, and Councilman Hawkins seconded the motion. Motion was approved 7-0. Judge Nix administered the oath to Mrs. Joiner. (D) Solicitor .... Mayor Bacon recommended that Mr. John Isom be appointed as City Solicitor. Councilman Lnenicka made the motion to appoint Mr. Isom as City Solicitor, and Councilman Hawkins seconded the motion. Motion was approved 7-0. Judge Nix administered the oath to Mr. 150m. Judge Nix expressed his appreciation to the council for allowing him to administer the oath this evenmg. January 3, 2000 council meeting - continued OLD BUSINESS: PUBLIC HEARINGS: (A) Variance Request - Dunkin Donuts - 3300 South Cobb Drive - To Use Two Non-earth Tone Colors. Mr. Smith stated the Gerald Tirella, the architect for Dunkin Donuts, was present this evening. Mr. Smith stated the variance is being requested because the colors are not in compliance with the South Cobb overlay district requirements that earth-tone colors be used. Mr. Smith stated the applicant is requesting to be allowed to use the Dunkin Donuts corporate colors on the building. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. -- Councilman Hawkins recognized Mr. Tirella, architect, and Mr. Matthew Kobyoski, regional manager for Allied Domecq Retailing USA. Mr. Tirella stated they are planning to renovate the existing Dunkin Donuts location and applied for their permit several weeks ago. He stated they were told at that time the colors they wished to use for the awning were inappropriate. Mr. Tirella stated there are approximately 6500 Dunkin Stores nationwide and they try to coordinate their colors to better identify the chain. Councilman Hawkins stated a similar situation came up recently involving the use of non-earth tone colors on the HESS station located at South Cobb Drive and Concord Road and that issue was tabled to allow the applicant and the city time to meet and resolve the issue. Councilman Hawkins asked Mr. Tirella if he would be agreeable to tabling this issue to the January 18 council meeting. Mr. Tirella stated he would be agreeable to that. Mr. Hawkins stated he would like to suggest the Community Development Committee schedule a meeting prior to the next council meeting and ask Mr. Tirella to attend this meeting. Mr. Hawkins stated a building permit was approved with the stipulation that no agreement had been reached regarding the color scheme. Councilman Hawkins made a motion to table the variance request for Dunkin Donuts - 3300 South Cobb Drive - until the January 18 council meeting. Councilman Wood seconded the motion. Motion to table was approved 7-0. (B) Variance Request - 619 Burbank Circle - Reduce Rear Yard Setback from 30 Feet to 5 Feet. ...., Mr. Smith stated the applicant, Jane Trevino, is requesting the variance in order to build an addition onto their home for storage space. Mr. Smith states that Ms. Trevino's mother has had pacemaker surgery and may need to move into their home. Mayor Bacon stated that this is a public hearing and asked if there was opposition to this variance. There was no opposition to the variance request. Councilman Cramer asked Ms. Trevino to explain why the variance is needed. Ms. Trevino stated that she would like to build a double garage on her property, which would allow them to remove two temporary buildings and park her cars in the new garage. Councilman Cramer verified that her home is very small and the property is triangle shaped. Councilman Cramer asked Ms. Trevino if the variance is approved would she be able to park her cars in the garage. She agreed to park all automobiles in the garage and stated she would no longer need to park her cars in such a way that would interfere with sidewalk access and she also agreed to remove the two storage buildings. Councilman Cramer made the motion to approve variance request at 915 Burbank Circle to reduce the rear yard setback from 30 feet to 5 feet. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Zoning Amendment - Kelsey Manor Subdivision - Streets to Be Made Public. Mr. Smith stated this variance request involves some ongoing discussion that the streets in Kelsey Manor be made public. Mr. Smith introduced Mr. Leiferman, Pulte Homes, who was representing the Kelsey Manor Subdivision. Mayor Bacon stated that this is a public hearing and asked if there was any opposition to this variance. There was no opposition. ..." Councilman Lnenicka stated that the property in Kelsey Manor Subdivision had been rezoned last year and is located near Camp Highland Road and the East West Connector. Councilman Lnenicka asked Mr. Leiferman if the variance is approved would be enough room for the cars to be parked in their driveway. Mr. Leiferman stated that would not be a problem even with the size of the standard luxury vehicle. Councilman Lnenicka stated that the distance from the January 3, 2000 council meeting - continued back of the curb to the house is 19 feet in the Kelsey Manor Subdivision. Mr. Lnenicka stated this distance would allow enough room for utility installation and maintenance. Councilman Lnenicka made a motion to approve the variance request to make the streets public in Kelsey Manor Subdivision. Councilman Wood seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Mayor's Appointment to Smyrna Housing Authority. -- Mayor Bacon recommended that Mr. Joe Bland be re-appointed to the Smyrna Housing Authority. Councilman Hawkins made the motion to appoint Mr. Bland to the Smyrna Housing Authority, and Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Mayor's Appointment to Parks and Recreation Commission Mayor Bacon recommended that Mr. Wayne White be re-appointed to the Parks and Recreation Commission. Councilman Hawkins made the motion to appoint Mr. White to the Parks and Recreation Commission, and Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Appointment to the Water Authority Councilman Hawkins made the motion that Mayor Bacon be appointed to serve the four year term on the Water Authority as the Smyrna representative. Councilman Hawkins stated this term will begin August 14,2000. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Appointment to the DDA Authority Mayor Bacon recommended that Mrs. Melinda Dameron be appointed to the DDA Authority. Councilman Hawkins made the motion that Mrs. Dameron be appointed to the DDA Authority, and Councilman Newcomb seconded the motion. Motion was approved 7-0. ... (E) Appointment of the Mayor Pro Tem Mayor Bacon recommended that Councilman Hawkins be appointed as Mayor Pro Tem. Councilman Scoggins made the motion to approve Councilman Hawkins as Mayor Pro Tem, and Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Hawkins abstained). COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of December 20, 1999, Minutes (B) Approval to Request Bids - Property and Casualty Insurance (C) 2000 Committee Assignments -- Councilman Lnenicka made a motion to remove item (C) from the Consent Agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion to approve the revised Consent Agenda (Items A and B). Councilman Wood seconded the motion. Motion was approved 7-0. Mayor Bacon then announced the Committee Assignments for the term beginning January 3, 2000 as follows: January 3, 2000 council meeting - continued Finance and Administration /Purchasing/ Alcoholic Beverage License/Telecommunications/ Annexation/Technology Jim Hawkins, Chairman Pete Wood Wade Lnenicka Human Resources Jack Cramer, Chairman Bill Scoggins Jim Hawkins ..... Public Works/Keep Smyrna Beautiful/Historical Review Bill Scoggins, Chairman Ron Newcomb Wade Lnenicka Community Development Ron Newcomb, Chairman Bill Scoggins Wade Lnenicka Parks and RecreationlLibrary/Community Relations/Cemetery Pete Wood, Chairman Jim Hawkins Charlene Capilouto Police/911/Fire Wade Lnenicka, Chairman Jack Cramer Charlene Capilouto Court Services Charlene Capilouto, Chairman Jack Cramer ....., Veterans Memorial Jack Cramer, Chairman Bill Scoggins Wade Lnenicka Economic Redevelopment Pete Wood, Chairman Ron Newcomb Charlene Capilouto Mayor Bacon then asked the representatives from Charter Communications to come forward and identify themselves. Mr. Rick Ferrell introduced Mr. Jim Brown, new general manager of Charter Communications in Smyrna and Mr. Jason Nunn, plant manager. Mayor Bacon stated the reason Charter representatives have been invited is due to the number of complaints that the City is receiving regarding Charter Communication's service. Mayor Bacon stated the city is receiving more complaint calls than ever before. Mayor Bacon stated representatives from Charter consistently told the city about the many positive changes they planned, establishment of a management team and then a month later that entire team is gone. Mayor Bacon stated the city has been patient but are now back to square one with service problems. Mayor Bacon stated Howard Smith spends most of his days talking with people about their Charter Communications complaints and stated the city is at a point where they must see an immediate change, an immediate improvement - a consistent change - in the service to the community. Mr. Smith acknowledged that when Charter Communications took over Vista Broadband, there were problems and citizens were assured they would begin to see improvements in the system. Mr. Smith stated there were some improvements for a short period of time. Mr. Smith then reviewed three of the agreed upon conditions of the Customer Services Standards which are a part of the franchise agreement as follows but have not been complied with: ..." 1. All incoming calls should be answered in four rings 2. No call is placed on call for longer than thirty seconds ... .. ... January 3, 2000 council meeting - continued 3. A transferred call should take no longer than thirty seconds Mr. Smith stated he would like to ask Council to put Charter on notice if the city does not see an improvement in the immediate future and that formal notification be sent to Charter Communications in order to start the process to have the problems corrected. Mr. Ferrell stated Charter fully understands the issues they have and acknowledged they had taken over a cable system that was in chaos. Mr. Ferrell stated they did not want to come before the council with problems and guaranteed the council they will see progress and also made a commitment to attend the January 18, 2000 meeting and report what they have done to improve service. Mr. Ferrell stated the equipment necessary to improve the quality of service did arrive today and will be installed and operational. Mr. Ferrell continued that there would be a direct fiber link from city hall back to their head-in facility. Mr. Smith asked about the inability of customers to reach any customer service representative regarding problems. Mr. Ferrell stated that Charter did have problems in that area and had gone to a temporary agency for staff and acknowledged they are not trained, as they should be. Mayor Bacon stated that the City of Smyrna had a wonderful relationship with the original cable provider, Smyrna Cable but does not have that type of relationship now. However, Mayor Bacon stated, the City is at the point now where a solution must be achieved. Mr. Ferrell stated that there are two reasons for the failure in customer service. First, Mr. Ferrell stated, due to the completion of an equipment upgrade, the phone volume increased. Second, Mr. Ferrell stated that Ann Shurette left the Charter organization and he was only available for a couple of days a week. Mr. Ferrell said that he felt the loss of Ann Shuretle is causing unacceptable customer service, and is currently attempting to hire representatives for customer service. Mr. Ferrell also stated that Charter Communications installed a new phone system two months ago. Mr. Ferrell stated that part of the problem with unanswered phone calls was a local service provider and that Charter is currently returning their telephone service to BellSouth. Mayor Bacon asked when Smyrna residents would see an improvement. M r. Brown answered that by training his current staff and hiring rour additional scrvicc rcprcscntativcs, an improvcmcnt should bc seen in two weeks. Councilman Newcomb stated that many Smyrna residents feel that Charter does not want to communicate with the residents, and that there are many people who feel that they are a captive audience. Councilman Newcomb said that the City needs to do whatever we can to encourage competition. Councilman Newcomb stated that some residents are already turning to alternatives such as putting in satellite dishes. Councilman Newcomb challenged the telecommunications committee to look at ways to stimulate competition even though he knew that it was unlikely due to cost of installing wire. Councilman Newcomb stated that he is frustrated with Charter Communications due to the many calls he receives from residents complaining and does not feel that it is that complicated to answer the phone. Councilman Newcomb stated that the representatives from Charter tonight are saying the same things that previous Charter representatives have said and he would like to see results. Mr. Brown said that the reason that Charter is here tonight is to give results and his job is to satisfy the customers of Charter. Mr. Brown promised to do his best to get the phones answered and will be happy to come back at anytime to give updated reports. Mayor Bacon stated that the problem has been the" revolving door" of Charter managelllent. Mr. Ferrell stated that Charter did not begin operating until September even though the franchise was transferred in June. Mr. Ferrell guaranteed that he, Mr. Brown and Mr. Nunn would be staying with Charter in Smyrna. Mayor Bacon explained that Mr. Dean of Smyrna Cable attended most Council Meetings during the twenty years he was with Smyrna Cable, and he would like to see Charter Communications have that type of relationship with the City of Smyrna. Mr. Ferrell and Mr. Brown stated that they too would like that type of relationship. Councilman Lnenicka spoke of the number of voice mail messages that he had exchanged with Mr. Ferrell. Councilman Lnenicka said that he appreciates the kind words, but he is unbelieving and skeptical and on behalf of the citizens of not only Smyrna but also Vinings, Oakdale and the surrounding conununities. Councilman Lnenicka stated that Mr. Brown is now the sixth manager that the council has spoken with since July. The franchise transfer was approved in June based on the promises and conunitments of Charter at the time. Charter had stated that they could do many things which would be easy to do and agreed to reach a level of customer service available in . other cities. Councilman Lnenicka believes that Smyrna has been treated with disrespect with the many managers such as Ron Johnson, Phil Jackson, Rhonda McGlamery, Ann Shuretle, Rick Ferrell and now Jim Brown. It has not been a revolving door but a training ground or dumping ground. He expressed frustration that there is no one to call when they have problems. Ann Shurette as good as she was, was here temporarily, was never meant to stay here and her absence shouldn't have been any surprise. No management member lives here, so no one cares and the price increase that was implemented January I, 2000, is unconscionable. Charter has taken their problems and put them on the citizens or this city and then raised their prices to boot. He suggested that Charter correct their problems and then talk about the pricing. January 3, 2000 council meeting - continued He then challenged Charter to immediately rescind that price increase until it is demonstrated through performance that the prohlems with the system have heen corrected. He stated citizens are going to different alternatives for their systems and from the City's standpoint, what does that matter to us? He continued that it matters hecause when they no longer subscrihe to Smyrna Cable TV, they no longer have access to our council meetings or the special events that Charter and Smyrna Cable TV have televised and provided for them including the advertisement of City events, Park and Recreation events. When customers switch off Smyrna Cable TV, they have no idea to a great extent what is going On in this community because they lose the service that was provided concerning city happenings. The city has been waiting six months now for improvement. He continued that to have a phone system, that doesn't work makes absolutely no sense in the United States in the twenty-first century. He then suggested to council that the City give Charter verbal notification tonight, and follow it up with written notification that the City intends to provide formal notice as provided under the franchise agreement that Charter is failing to remedy and fix the service problems. He continued this could lead the City to invoke the provisions of the franchise agreement that ultimately could lead to cancellation of that franchise. Councilman Lnenicka stated that as a memher of the telecommunications committee, he feels this should be the course of action that is taken now. Mr. Ferrell said that he fully understood and that Charter Communications brought Mr. Brown in to help and stated that if there are no improvements, his and Mr. Brown's job are in jeopardy. Councilman Lnenicka asked for the price increase to he removed again. Mayor Bacon asked Mr. Nunn ahout the viewers' guide channel. Mr. Nunn stated that due to the boxes used by Vista not being compatible, Charter had to remove the viewers' guide. Mr. Nunn was unahle to give a definite answer as to when the viewers' guide would begin working. Mr. Ferrell said the problems with Charter would be corrected. ... COMMITTEE REPORTS: Mayor Bacon thanked his family, fliends, Godparents and Mr. Bobhy Martin for their attendance tonight and their support. He then stated he looks forward to serving the citizens of Smyrna for the next four years. Councilwoman Capilouto thanked the citizens of Ward I for their help and support and stated she, too, looks forward to serving another four-year term. ... Councilman Newcomh verified that Smyrna had successfully survived the Y2K conversion. Councilman Scoggins had not report this evening. Councilman Hawkins looks forward to representing Ward 4 and looks forward to working with the City of Smyrna employees. He stated he helieves that the employees of the City of Smyrna are the hest anywhere. Councilman Cramer thanked the citizens for returning him to Ward 5. He also commended the city employees. Councilman Lnenicka apologized for his earlier outburst regarding Charter Communications customer service standards. . He also verified that there would not he an increase in water rates this year. He thanked his family for attending this evening's meeting and wished his sister Susan a speedy recovery from her hattle with cancer. Councilmnn Wood thanked his f.'lmily and friends for attending as well as thanking the voters of Ward 7 for allowing him to return for another term. Mr. Howard Smith introduced his wife, Susan and stated he looks forward to working with the Mayor and Council for the ensuing term. Mr. Scott Cochran stated he is very proud to he appointed to serve as the City Attorney and looks forward to the future. ..... Mrs. Candis Joiner thanked everyone for the opportunity to serve as City Clerk and introduced the new Deputy City Clerk, Kellie Harber. ADJOURNMENT With no further husiness, the meeting adjourned at 9:30 p.m. CHARLENE CAPILOUTO, WARD 1 .. ~~~D3 K CRAMER, WARD 5 ~U~~~ CHARLES PETE WOOD, WARD l' .. .. ---e ~>-' U RON NEWCOMB, WARD 2