August 19, 1996 Council Meeting
August 19. 1996
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 except Charlene Capilouto who was absent due to illness. Also present was City Clerk
Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia
Edgar, Public Works Director Larry Dunn, Police Major Kent Sims, Library Director Michael Seigler,
Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel
Director Mary Ann White, City Engineer Ken Hildebrandt, Community Development Department
Administrative Assistant Carol Cowan and representatives of the press.
-..- Invocation was given by Scotty Davis, pastor of Sharon Baptist Church, followed by the pledge to the
flag.
CITIZENS INPUT:
Mayor Bacon asked Pete Wood to read a proclamation recognizing Representative Randy Sauder. Mr.
Wood stated Mr. Sauder represents District 29 and is completing his first term. Pete Wood read the
resolution in recognition of Mr. Sauder's accomplishments during this term. Councilman Wood moved
to approve the resolution. The motion was seconded. The motion was approved 6-0. Mayor Bacon
expressed his appreciation to Representative Sauder and stated it was nice to have someone representing
Smyrna who the city could contact and thanked Mr. Sauder for keeping the city informed on matters of
interest to the City. Representative Sauder then thanked the Mayor and Council for their support and the
resolution.
Mayor Bacon recognized Jack Cramer. Councilman Cramer thanked everyone publicly for their support
during his time of need over the loss of his mother.
Parks and Recreation Director Steve Ciaccio introduced Marge Rogers and the gymnasts from Smyrna
who attended a competition in New Orleans recently. Marge Rogers stated the team won the State
competition on June 22 and then travelled to New Orleans to participate in the National Junior Olympic
Games. Ms. Rogers stated this was a very exciting event with over 10,000 athletes participating in the
Super Dome.
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PUBLIC HEARINGS:
(A) Variance Request for 3103 Sports Avenue To Reduce the Required Number of Parking Spaces
From 172 to 150
Mayor Bacon stated this is in Ward 1 but Councilwoman Charlene Capilouto is not here due to illness.
Mayor Bacon then asked the applicant to step forward. Mayor Bacon stated this is a public hearing and
asked if anyone was present in opposition to the variance request. There was none.
Councilman Ron Newcomb recognized Tom Cobb, representing Homestead Village. Councilman
Newcomb stated this property is on Spring Road, next to the Blackeyed Pea. Mr. Cobb stated Homestead
Village was rezoned and granted a building permit several months ago. Mr. Cobb stated when the
rezoning and building permit were approved, they were asked to voluntarily increase the front building
set back to be equal to that of the Blackeyed Pea. He further stated that by doing that and maintaining
the landscaping area in front of the yard, they would lose thirteen parking spaces. He further stated by
deleting those thirteen spaces, they would only have 47 feet of landscaped area between the front of the
building and Spring Road. He further stated in order to reduce the grade change adjacent to the adjoining
apartment complex and by deleting nine spaces along that setback line, they could move the retaining wall
farther away and reduce the height of the wall which would create a safer situation for all persons in that
area.
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Councilman Newcomb made a motion that the variance request for 3103 sports Avenue to reduce the
required number of parking spaces from 172 to 150 be approved. Councilman Scoggins seconded the
motion. Motion was approved 6-0.
(B) Variance Request - 1106 Medlin Street - To Build an Oversize Accessory Structure
(C) Variance Request - 1106 Medlin Street - To Reduce the Side Yard Setback from 10 feet to 4 feet
(D) Variance Request - 1106 Medlin Street - To Reduce the Rear Yard Setback from 5 feet to 2 feet
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting
of these variance requests. There was none. Mayor Bacon then recognized Councilman Hawkins.
August 19. 1996 meeting - continued
Councilman Hawkins asked Mr. Jose Angel, owner of the property, to come forward. Mr. Angel Said
he was building the same size structure as the existing old garage. Mr. Hawkins stated this property has
been in disarray for years and there have been problems with keeping the appearance of the property
clean. Mr. Hawkins further stated a lot of construction has already taken place which will improve the
appearance of the property. Mr. Hawkins stated for the record that he does have signed letters from the
adjacent property owners who state they have no objections to the variances being granted. Mayor Bacon
stated he had been advised by the City Marshall that as many as six men may be living on the property
and he has some concerns about that. Councilman Hawkins made a motion to table the variance requests
until the October 7, 1996, Council meeting. Motion was seconded by Councilman Cramer. Motion to
table the variance requests at 1106 Medlin Street was approved 6-0.
...
(E) Variance Request - 905 Sharon Circle - To Build an Oversized Structure
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition. There was
none. Councilman Hawkins asked the applicant, Mr. James Kelso, to explain why he wanted to build
an oversized structure. Mr. Kelso stated he needs a 14 foot x 20 foot building for storage. Councilman
Hawkins stated he has visited the property and in the past there have been problems with the appearance
of the property. Mr. Hawkins stated for the record that he has signed letters from the adjoining property
owners stating they have no objections to the granting of the variance request. Councilman Hawkins
made a motion that the variance request at 905 Sharon Circle to build an oversized structure be approved.
Councilman Newcomb seconded the motion. Motion was approved 6-0.
(F) Adoption of 1996 Tax Millage Rate
Councilman Wood stated in June at the adoption of the budget, the city set a tentative millage rate of
11.50 mills. Councilman Wood stated the actual growth in the tax base for this fiscal year was well above
what had been anticipated and therefore the millage rate will be reduced to 11.40 mills. Mayor Bacon
asked ifthere was anyone present who would like to comment on the proposed 11.40 millage rate. There
was none. Councilman Wood made a motion that the millage rate for the 1996 tax year be set at 11.40
mills. Councilman Hawkins seconded the motion. Motion was approved 6-0.
(G) Approval to Close and Abandon a Portion of Mill Pond Road
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Mayor Bacon asked Councilman Wood to read a letter from Barry Teague withdrawing his request for
the abandonment of Mill Pond Road. Mr. Teague notified the City Clerk on August 16th that he was
officially notifying the city that he was withdrawing their request for the road abandonment at Mill Pond.
Councilman Wood made a motion that this item be removed from the agenda at the request of Mr. Barry
Teague. Motion was seconded by Councilman Lnenicka. Motion was approved 6-0.
(H) Approval to Permanently Close Park Circle at Spring Road
Councilman Newcomb stated this was part of the D.O.T. proposal along Spring Road to close a number
of streets along Spring Road to help the traffic movement. Councilman Newcomb asked for any
questions or comments. There was none. Councilman Newcomb made a motion that the city close Park
Circle at Spring Road. Councilman Cramer seconded the motion. Motion was approved 6-0.
(I) Privilege License - Fitzgerald Food Store #102 - 2096 Atlanta Road (Agent Change Only)
Mayor Bacon asked the applicant, Mr. Gary Franson, to come forward. Mayor Bacon stated this is a
public hearing and asked if anyone was present in opposition to the granting of this business license
request. There was none.
Councilman Cramer asked the applicant if he had read the Alcoholic Beverage Ordinance and if he
understood it. Mr. Franson responded he had read the ordinance and understood the requirements.
Councilman Cramer made motion that the request for an agent change at Fitzgerald Food Store #102 with
Mr. Gary Franson as the agent be approved. Councilman Wood seconded the motion. Motion was "IIIlIIlI.
approved 6-0.
August 19. 1996 meeting - continued
FORMAL BUSINESS:
(A) Bid Opening (Bid #96013) Pick Up Trucks (6) for Public Works
and (1) Community Development.
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and
read as follows:
Chuck Clancy Ford
Hardy
$104,093.10
$109,445.00
$107,772.00 without trim
$ 15,255.20 each
$109,830.00
...
Wade Ford
Jim Tidwell Ford
Councilman Wood made a motion that the bids be turned over to the Public Works Committee and
Community Development Committee, with a recommendation to be brought back at the next council
meeting. Councilman Scoggins seconded the motion. Motion was approved 6-0.
(B) Bid Opening (Bid #96014) 3/4 Ton Truck for Public Works Department
Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and
read as follows:
Wade Ford
Jim Tidwell Ford
Chuck Clancy Ford
Hardy
$19,627.30
$19,721.00
$20,151.50
$19,795.00
Councilman Cramer made a motion that the bids be turned over to the Public Works Committee, with
a recommendation to be brought back at the next council meeting. Councilman Scoggins seconded the
motion. Motion was approved 6-0.
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(C) Appointment to Civil Service Board
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Councilman Lnenicka stated Civil Service Board is made up of three individuals, one appointed by the
Mayor and Council, one appointed by the Police and Firefighters, who in turn appoint a third member.
The two-year term of Mr. Charles Perkins, resident of Point Pleasant, has expired. Councilman Lnenicka
recommended re-appointing Charles Perkins for another two year term. Councilman Wood seconded the
motion. Motion approved 6-0.
(0) Approval of Resolution and Contract with Georgia Municipal Association for Telecommunications
Management
Councilman Wood stated that the Georgia Municipal Association has a Telecommunications Management
Service available to assist cities in the state. Councilman Wood then made a motion that the Mayor be
authorized to sign a contract with Georgia Municipal Association for Telecommunications Management
Service. Councilman Cramer seconded the motion. Motion was approved 6-0.
(E) Approval to Exercise Option to Purchase Property at 2620 Atlanta Road
Councilman Wood stated that this property is currently being leased by the city with the city retaining
the option to purchase the property at a later date. Councilman Wood stated it is the city's desire to now
purchase this property and made a motion to approve the option to purchase the property at 2620 Atlanta
Road. The motion was seconded by Councilman Lnenicka. The motion was approved 5-0-1 with Ms.
.. Capilouto being absent and Councilman Scoggins abstaining.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Pool Equipment for Church Street Aquatic Center
August 19. 1996 meeting - continued
(B) Lockers for Church Street Aquatic Center
Councilman Newcomb stated he would address both issues at the same time. He further stated that the
Parks Committee had received six bids on the pool equipment. Mr. Newcomb stated the bid could not
be awarded to the low bidder because all the items were not included in the package. Councilman
Newcomb stated it is the recommendation of the Parks and Recreation Committee to award the bid to
Spectrum Pool Products for a total cost of $5,517.60. Councilman Scoggins seconded the motion.
Motion approved 6-0.
Councilman Newcomb stated that the Parks and Recreation Committee has reviewed the bids to purchase
stainless steel lockers for the Church Street Senior Aquatic Center. Mr. Newcomb further stated it is the
recommendation of the Parks and Recreation Committee to award the bid to American Lockers and
moved that the bid be awarded to American Lockers, Snellville, Georgia, for a total cost of $12,650.70.
Councilman Cramer seconded the motion. Motion was approved 6-0.
....
(C) Vinyl Siding for Fire Station
Councilman Cramer stated the Fire Committee recommends the bid be awarded to the low bidder meeting
specifications. Mr. Cramer made a motion the bid be awarded to American Gutter Siding for a total
price of $9,500.00. Councilman Hawkins seconded the motion. Motion was approved 6-0.
(D) Laser Guns for Police Department
Councilman Lnenicka stated that there were only two manufacturers of the Laser Guns. Mr. Lnenicka
stated it is the recommendation of the Police Committee to award the bid to the low bidder meeting
specifications. Mr. Lnenicka made a motion that the bid be awarded to Kustom Pro Laser, for a total
cost of $12,030.00 for the purchase of three (3) Prolaser II's. The motion was seconded by Councilman
Cramer. Motion was approved 6-0.
CONSENT AGENDA:
(A)
(B)
(C)
(D)
Approval of August 5, 1996, Minutes
Approval of Expenses to Relocate to New Municipal Services Building
Approval to Request Bids - Sidewalks on Bank/Hamby Streets
Approval to Request Bids - Installation of Decorative Lighting
for Municipal Services Building
Approval to Request Bids - Vehicle for Utility Services
....
(E)
Councilman Wood made a motion the consent agenda be approved. Councilman Hawkins seconded the
motion. Motion was approved 6-0.
COMMITTEE REPORTS:
Councilman Newcomb asked Mary Ann White for a report on Human Resources. Ms. White stated that
there were several job announcements tonight but stated she was pleased to announce that Sue Blaydes
has joined the staff in Human Resources. Ms. White then announced there were two openings in the
Library; one in Court Services; and two part time positions in the Public Works Department.
Councilman Newcomb stated Carol Cowan is here tonight representing the Community Development
Department and there is no report from that department this evening.
Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms.
Kirk stated they had the Work Glove luncheon on August 7th at Ryan's and thanked the five businesses
for door prizes that they donated for the city employees. Ms. Kirk then stated the following businesses
donated the prizes: Mexico Lindo Restaurant, King Springs Cleaners, King Cinema, Ryan's Family
Steak House, Po Folks. She stated the Smyrna Clean and Beautiful Commission also donated door prizes.
Ms. Kirk stated the month of July was the best recycling month to date with 120 tons being saved from
going to the land fill thus saving the city $3,472.00 in tipping fees. Ms. Kirk stated a letter concerning
collection of limbs and brush will be mailed in the September water bill as well as the schedule.
.",.
Councilman Scoggins recognized Public Works Director Larry Dunn who stated there is no report from
the Public Works Department tonight.
Councilman Cramer stated that Larry Williams had no report from the Fire Department.
August 19, 1996 meetin~ - continued
Councilman Lnenicka stated that Chief Hook was out of town, and that Major Sims was there
representing the Police Department but there is no report for tonight.
Councilman Lnenicka stated that Saturday, Cedar Cliffs had a neighborhood party and he attended and
met a lot of nice people. He then thanked the neighborhood for inviting him. Councilman Lnenicka
expressed his condolences to the Cramer family on the recent death of Ann Cramer.
Councilman Wood asked Finance Director Claudia Edgar for a report. Ms. Edgar stated that with the
adoption of the millage rate the tax bills will be going out by the end of the week.
...
Councilman Wood expressed his condolences to the Cramer family and the Hook family. Chief Hook's
father-in-law passed away recently.
Mayor Bacon stated that the city will have one more meeting before the dedication of the new Municipal
Services Building. He stated the dedication is scheduled for September 8, 1996, at 2:00 p.m. Mayor
Bacon also announced the dedication of the Senior Aquatics Center will be September 9, 1996, at 2:00
p.m.
Mayor Bacon stated that Michael Seigler had no report from the Library.
Mayor Bacon asked Steve Ciaccio for a report from the Parks Department. Mr. Ciaccio stated the "Parks
Chatter" is forthcoming for the months of September, October and November. Mr. Ciaccio stated there
will be an insert in the "Parks Chatter" containing information about the Aquatics Center.
With no further business, the meeting adjourned at 8:54 p.m.
A.MAXBACON,MAYOR
~dAJ ~4~"'~
ELINDA DAMER N, CITY CLERK
CHARLENE CAPILOUTO, WARD 1
L\2.... t0~
RON NEWCOMB, WARD 2
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CHARLES PETE WOOD, WARD 7
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