February 5, 1996 Council Meeting
February 5. 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. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public
Works Director Ray Curtis, Police Chief Stan Hook, Library Director Michael Seigler, Parks and
Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful
Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief
Building Official Scott Stokes and representatives of the press.
...
Invocation was given by Reverend Frank Hammond of Mt. Zion Baptist Church, followed by the pledge
to the flag.
Mayor Bacon recognized Tom Sconzo, Smyrna West Soccer Association. Mr. Sconzo presented Steve
Ciaccio with a plaque in appreciation for the work Mr. Ciaccio and his staff have performed in
conjunction with the Smyrna West Soccer Association.
Chief Hook and Chief Williams presented Ron Waddell, Smyrna Police Officer, with the "Life Saver"
award for his efforts on December 5, 1995. Mr. Waddell performed CPR to a person on Cumberland
Circle who was suffering from cardiac arrest. When the paramedics from the fire department arrived,
Officer Waddell was administering CPR and as a result Mr. Harry Morris recovered and so far is doing
well.
Officer Waddell expressed his appreciation to the departments responsible for presenting the award.
CITIZENS INPUT:
There was none.
PUBLIC HEARINGS:
(A) Variance Request - 3536 Atlanta Road - Reduce Required Number of Parking Spaces
... Mr. Thomson stated this variance request is for the southwest corner of Ridge Road and Atlanta Road
and the variance is necessary due to the topography of the area. He stated the applicants, Branch
Development, are requesting the variance in order to build a pharmacy at this location. Mayor Bacon
asked the applicant to come forward and stated this is a public hearing and asked if there was anyone
present in opposition to the granting of this variance request. Mayor Bacon then asked those persons to
come forward and be sworn in if they wish to speak for or against this issue. Mr. Camp administered
the oath to those persons.
Councilman Lnenicka stated Mr. Bob Preston, Preston Philips Partnership, Inc, is present and asked him
to explain what they are requesting and why it is necessary.
Mr. Preston, representing Branch Properties, stated there is a relationship between the variance request
and the curb cut on Ridge Road. He stated the curb cut has not yet been resolved and further stated he
had met this afternoon with the City Engineer to further pursue the curb cut and to look at a more
restrictive curb cut. He stated they are in the process of preparing new drawings which the City Engineer
has agreed to review and comment on by the middle of this week. Mr. Preston stated that given that
information, he is really requesting deferral on this variance request based on the results of the curb cut
issue. He stated he would be more than happy to answer any questions concerning the parking variance
and indicated he thought it would be appropriate to refer any questions concerning the curb cut issue to
the City Engineer.
...
Mayor Bacon stated he had received a letter from Mr. Preston's office today stating they were going to
withdraw their request for the curb cut and that it would not be needed. Mr. Preston responded that was
correct butZthat there is a one-week deadline for withdrawing such requests and he did not make that
deadline.
Councilman Lnenicka stated that Section 1303.Z of the Code of Ordinances did stipulate the one-week
notice for withdrawal of variance requests. Mr. Preston stated that was why he was before Council
requesting a deferral.
Councilman Hawkins asked if the reason Mr. Preston can not get the required number of parking spaces
on the property is due to the curb cut. Mr. Preston stated it was due to the topography and the
February 5, 1996 meeting - continued
differential in grade of about a 35 foot drop at the rear of the property and substantial grades that make
it impossible to utilize the property and stated he is losing about 25 % of the site due to topographical
features of the site. Mr. Hawkins then asked if he dropped the curb cut (on Ridge Road) would it allow
him to have any more parking spaces. Mr. Preston responded if he dropped the curb cut, he could
possibly pick up three spaces and still would not meet the requirement for parking spaces.
Councilman Lnenicka stated there was a public meeting January 18 to discuss this issue and based on the
public input asked Mr. Preston if he had revised or re-submitted any of his plans or drawings pertaining
to this site. Mr. Preston responded the only plans previously submitted were site plans and no building
plans have been submitted since then. He stated he had already submitted building plans for the building
permit. Mr. Preston said he is waiting for comments back from the engineer in reference to the site
plans. Mr. Lnenicka asked Mr. Preston if he has had several conversations with the City Engineer about
the site plans and Mr. Preston stated he had but they were inconclusive about what has been approved
and what has been denied. He stated he would prefer to defer to the City Engineer and that they had met
this afternoon and reached an agreement to revisit a more restrictive curb cut and submit it by the middle
of this week for review and comment. Mr. Lnenicka then asked Mr. Preston if he had submitted plans
to Cobb County for review. Mr. Preston responded he had. Mr. Lnenicka asked if the County had
responded. Mr. Preston responded they have provided written comments which he has not been privy
to although he has had discussions with Cobb County. Mr. Lnenicka asked Mr. Preston if he has a civil
engineer consulting with him that has seen the comments from Cobb County. Mr. Preston responded
that was correct. Mr. Lnenicka stated he has not seen the comments but understands Cobb County said
basically that they were concerned about the sight distance at the curb cut and were not convinced that
the sight distance was achievable and based on the sight distance not being proven they were
recommending denial of the curb cut on the site. Mr. Preston stated their first initial review was
recommending denial but that was without any input. Mr. Preston stated he had received those comments
but that Cobb County has since come back and stated this is not the typical curb cut due to a guard rail
which the County has requested be included. He stated the guard rail is not currently on Ridge Road and
there are a number of locations where the guard rail could be placed - 2 feet from the curb, 8 feet from
the curb or 15 feet from the curb - and the right of way varies considerably from the bottom of Ridge
Road to the top and the exact placement of the guard rail impinges on the sight distance. He further
stated Cobb County has offered they go ahead and actually grade and clear the right of way such that they
could make a visual inspection at the top of the hill to confirm whether or not sight distance would be
a problem. He stated that was why he had met with the City Engineer today to discuss the placement
ofthe guard rail. Mr. Lnenicka asked if Cobb County had given him permission to grade that sight and
Mr. Preston said no. Mr. Preston stated Cobb County suggested that given this was more than the typical
curb cut, it was taking a little more time to research, analyze and evaluate and because of the gradient
and the curve in the road, they suggested that possibly the best thing to do would be to grade it and then
do a visual inspection after it was graded. Mr. Lnenicka stated from the City of Smyrna's perspective
they have not yet seen any revised plans or amendments for the city to review. Mr. Preston stated that
was correct. Mr. Preston stated he had been denied that opportunity because he had not received any
comments from Cobb County until Thursday of last week. He further stated he had spent most of Friday
on the phone with Cobb County trying to ascertain exactly what their comments are and then he started
back on it as recently as today trying to reach a resolution. He stated it isn't possible, given that the curb
cut is currently inconclusive, and they are still in discussion with the City Engineer as to what may be
viable. Mr. Lnenicka stated that was true that he is still in discussion, but at this point Mr. Preston still
has not presented Mr. Hildebrandt with any new or amended plans for him to review, comment on,
approve or disapprove based on any of this. Mr. Lnenicka then asked City Attorney Mr. Camp about
Mr. Preston's statement that he had been denied an opportunity because he was waiting on Cobb County
to comment on his plans even though he chose to submit those plans to Cobb County for their comment,
has the city somehow denied him due process because he sought some review or comment from Cobb
County on this. Mr. Camp responded he knew of no such requirement that he submit those plans to
Cobb County. Mr. Preston asked if order to build a curb cut, he did not have to have Cobb County's
approval. Mr. Camp responded not on a city street. Mr. Preston stated the street is maintained by Cobb
County and was under the impression it is Cobb County's right of way. Mayor Bacon stated he
understood that the jurisdiction for that road is 100% City of Smyrna and that Cobb County would not
have that much to do with it and that our engineering department would have final say so about it. Mr.
Lnenicka stated he had talked with Commissioner Joe Lee Thompson and Mr. Thompson had told him
the city had total jurisdiction. Mr. Preston asked if our City Engineer had communicated that to Cobb
County D.O. T. Mr. Lnenicka stated he had communicated with Commissioner Thompson on that issue.
Mr. Preston stated he had been under the false impression that Cobb County is still a part of this decision
process. Mr. Lnenicka stated Mr. Preston had said he submitted plans to Cobb County for their review
and comments. Mr. Preston stated that was done at the request of Cobb County. Mr. Preston stated he
would much rather deal with the City of Smyrna and not Cobb County. Mayor Bacon asked why Cobb
W1IIfIIl
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Februarv 5. 1996 meetin~ - continued
County requested him to submit plans to them. Mr. Preston responded he had talked with Janice Killian,
Cobb County D.O. T., who said it was a Cobb County maintained road and that it is Cobb County right
of way. He stated she further indicated the Transportation Department has the right to approve, albeit
in this situation, they were doing so in conjunction with the City of Smyrna. He further stated it was still
his understanding, and again he stated he would like to defer to Mr. Hildebrandt on this.
...
Mayor Bacon then asked those in opposition or favor of the variance request to come forward. The
following persons spoke in opposition to the granting ofthe variance request. Mr. Charles Perkins, 1741
Point Pleasant, Mr. George Mercurius, 5000 Ridgehurst Drive, Donald Necovsky, 3510 Cedar Valley
Drive, Mr. Joseph Dicorpo, 4230 Ridgehurst Drive, citing safety concerns.
Councilman Lnenicka stated the city is charged with promoting the health, safety and welfare, order and
prosperity of present and future inhabitants of the city. He further stated the need for the variance
request is based on the site plan submitted to the city which includes a curb cut on Ridge Road. He
stated the council has heard from citizens tonight concerned about safety issues and further stated the City
Engineer has not approved the plans submitted. He further stated the City Engineer has expressed
concerns about the traffic flow around the building and other issues. Mr. Lnenicka stated Mr. Preston
has requested this variance be tabled but 1303.2 of Appendix A clearly states that the applicant has the
authority to request withdrawal if submitted in writing seven days prior to the hearing and Mr. Preston
has not complied with that Section. Councilman Lnenicka stated he has a petition with 33 or 34
signatures protesting the variance request. Councilman Lnenicka made a motion the variance request for
the CVS site at 3536 Atlanta Road to reduce the number of parking spaces be denied. Councilman
Cramer seconded the motion. Motion to deny was approved 7-0.
(B) Variance Request - 5002 Rose Court - Reduce Front Yard Setback from 20 Feet to 11.5 Feet
Mr. Thomson stated Mr. Charles Jackson, builder, is making a request to reduce the front yard setback
by 8.5 feet. He further stated the letter of hardship indicates that the lot was laid out by another builder
and not discovered until later . Mayor Bacon stated this is a public hearing and asked if there was anyone
present in opposition to the granting of this variance request. There was none.
.. Councilman Cramer asked Mr. Jackson to briefly describe the hardship and why the variance is
requested. Mr. Jackson stated in order to build the house on the lot, there is just not enough room
without the variance. Mr. Jackson stated this house is being built in the Chateau Walk Subdivision.
Councilman Cramer asked how many lots are still to be built on and Mr. Jackson responded there were
three. Mr. Cramer asked how many houses are in the development and Mr. Jackson responded 154 and
the cost of the homes is $120,000. Councilman Cramer stated there are letters from the adjoining
property owners stating they have no objections to the variance requested.
Councilman Cramer made a motion the variance request at 5002 Rose Court to reduce the front yard
setback from 20 feet to 11.5 feet be approved. Councilman Scoggins seconded the motion. Motion was
approved 7-0.
(C) Variance Request - 2125 Berryhill Circle - Reduce Rear Yard Setback from 15 Feet to 12 Feet
Mr. Thomson stated the applicants, Ric O. and Cynthia M. Stewart, are building an addition for an
elderly relative who is unable to climb stairs. He stated the addition will be built where the wooden deck
is currently located. Mayor Bacon stated this is a public hearing and asked if there was anyone present
in opposition to the granting of this variance request. There was none.
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Councilman Wood asked Mr. Stewart to come forward and briefly explain why he is requesting the rear
yard setback. Mr. Stewart stated primarily they have one downstairs bedroom area and want to increase
the value of the house. He stated they propose to build some kind of Florida room that will be heated
and cooled as well as being used as some type sleeping area temporarily and intermittently for someone
who will not be there full time. He stated there is that possibility that his mother, who is elderly and can
not go up and down stairs, will use the addition. Councilman Wood stated he had visited that site and
there is not a home on either side of this property in the Paces Lake Subdivision. Mr. Stewart stated they
have talked with the homeowners association and received their approval for the proposed addition as well
as the house directly behind them. Councilman Wood made a motion the variance request at 2125
Berryhill Circle to reduce the rear yard setback from 15 feet to 12 feet be approved. Councilman Cramer
seconded the motion. Motion was approved 7-0.
February 5. 1996 meeting - continued
(D) Variance Request - 1258 Cliffwood Drive - To Build an Oversize Accessory Structure
Mayor Bacon stated that Items 3-D and 3-E pertain to the same address and will be handled together.
Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the
granting of this variance request. There was none.
Councilman Hawkins asked the applicant, Joe Buckner, to briefly explain the variance requests. Mr.
Buckner stated he had built a shed on the back of his lot for his camper and boat. He further stated there
is a huge tree on the back of his lot that prevents his backing his trailer to the shed (24' x 30'). The shed
will exceed 25 % of the size of his home and the height exceeds the allowable height. He stated he could
have built a shed with a sloped roof and not requested the variances, but in order for the storage building
to match his home and to look better, he is building the shed with a gabled roof which causes the height
to exceed the allowable height. He stated his neighbors had no objection to the building being 5 feet
from the property line and he has letters from his neighbors stating they have no objections. Councilman
Hawkins made a motion the variance request at 1258 Cliffwood Drive to build an oversize accessory
structure (to allow the height to be 18' and the square footage to be 1008) be approved. Councilman
Lnenicka seconded the motion. Motion was approved 7-0.
.."..
(E) Variance Request - 1258 Cliffwood Drive - Reduce Side Yard Setback from 10 Feet to 5 Feet
Councilman Hawkins made a motion the variance request at 1258 Cliffwood Drive to reduce the side
yard setback from 10 feet to 5 feet be approved. Councilman Wood seconded the motion. Motion was
approved 7-0.
(F) Alcoholic Beverage License Request - Agent Change Only - Sun Global, Inc. (d/b/a
Smyrna Super Market) - 2957 Atlanta Road
Mr. Thomson stated this request is for an agent change only. He further stated Mr. Rajendra Amin has
been given a copy of the Alcoholic Beverage Ordinance and Lt. Joe Martin stated the Police Department
investigation revealed nothing that would preclude the issuance of this license. Mayor Bacon stated the
applicant is present and that this is a public hearing and asked if anyone was present in opposition to the
granting of this license request. There was none. .....,
Councilman Scoggins asked Mr. Amin if he is the on-site owner and will be agent if approved. Mr.
Amin stated that is correct. Councilman Wood asked Mr. Amin if he has served as an agent before. Mr.
Amin stated no. Mr. Wood then asked him if he was familiar with the rules regarding the sale of
alcoholic beverages and the hours of operation. Mr. Amin responded yes and that he maintained the
philosophy to be sure no one is buying alcohol that should not be. Councilman Scoggins stated the
Smyrna Police Department has investigated Mr. Amin and found nothing that would precl ude the issuance
of this agent change request. Mr. Scoggins made a motion the alcoholic beverage license request for an
agent change only with Mr. Amin being the agent at Sun Global, Inc. (d/b/a Smyrna Super Market) at
2957 Atlanta Road be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0.
(G) Alcoholic Beverage License Request - Agent Change Only - Morrison Restaurants (d/b/a
Ruby Tuesday) - 3197 South Cobb Drive
Mr. Thomson stated the applicant, Theresa Ann McGlade, will be the agent and she has been given a
copy of the Alcoholic Beverage Ordinance and the background check revealed nothing that would
preclude the issuance of this agent change request. Mayor Bacon recognized Ms. McGlade and stated
this is a public hearing and asked if anyone was present in opposition to the granting of this agent change
request. There was none.
Councilman Hawkins asked Ms. McGlade if she has ever been an agent before and she responded no but
has been working for Morrison's for six and a half years. She stated she had been an agent for
Morrison's when she was located in Norcross. Councilman Hawkins stated the background check .....,
conducted by the Smyrna Police Department revealed nothing that would preclude the issuance of this
agent change request. Councilman Hawkins asked Ms. McGlade if she was aware of the responsibilities
of being the agent and she responded she did. Councilman Hawkins made a motion the alcoholic
beverage license request for an agent change only at Morrison Restaurant with Ms. McGlade being the
agent. Councilman Cramer seconded the motion. Motion was approved 7-0.
February 5. 1996 meeting - continued
(H) Alcoholic Beverage License Request - Agent Change Only - Savji & Brothers, Inc.
(Spring Road Package) - 1669 Spring Road
Mr. Thomson stated Mr. Patrick Muscarnere, the applicant, has been given a copy of the alcoholic
beverage ordinance and this request is for an agent change only. He further stated the Police Department
investigation revealed nothing that would preclude the issuance of this agent change request. Mayor
Bacon recognized the applicant and stated this is a public hearing and asked if anyone was present in
opposition to the granting of the agent change request. There was none.
... Councilman Scoggins asked Mr. Muscarnere to come forward. Mr. Scoggins asked Mr. Muscarnere if
he understood he would be responsible if anything occurred in violation of the alcoholic beverage license
he would be held liable. Mr. Muscarnere responded yes. Mr. Scoggins then asked him if he had
received any training as an agent and Mr. Muscarnere replied he had. Councilman Scoggins asked the
applicant if he would be on site very much and he replied if his boss was not there, he would be there
running the store. Councilman Scoggins made a motion the alcoholic beverage license request for an
agent only at Savji & Brothers, Inc. (d/b/a Spring Road Package) with Mr. Muscarnere being the agent,
at 1669 Spring Road be approved. Councilman Lnenicka seconded the motion. Motion was approved
7-0.
(I) Alcoholic Beverage License Request - Agent Change Only - Winn-Dixie Atlanta (Winn
Dixie #1821) - 2350 Spring Road
Mr. Thomson stated Mr. Dickie Lee Langston, the applicant, has been investigated by the Smyrna Police
Department and they found nothing that would preclude the issuance of this agent change request. Mayor
Bacon asked the applicant to come forward and the applicant was not present.
Councilman Newcomb stated the ordinance requires the applicant to be present and since he was not
present. Councilman Newcomb made a motion to table the alcoholic beverage license request for an
agent change only for the Winn-Dixie #1821 at 2350 Spring Road be tabled till February 19, 1996.
Councilman Lnenicka seconded the motion. Motion to table the request was approved 7-0.
...
(J)
Business License Request - EI Trebol Billares - 1036-1040 Windy Hill Road
Mr. Thomson stated the application is for a billiards and pool hall license. He further stated Benjamin
Guttierez is the applicant and has been given a copy of the ordinance. Mayor Bacon asked the applicant
to come forward as well as his attorney, Mr. Hector Cora. 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 Hawkins asked Mr. Guttierrez if he is planning to come back at a future date to request an
alcoholic beverage license for this location. Mr. Guttierrez stated they will come back at a later date.
Mr. Hawkins asked Mr. Guttierrez if he was aware there are changes in the layout of the business once
an alcoholic beverage license request is applied for. Mr. Guttierrez responded yes. Councilman Hawkins
stated the billiards/pool hall license falls into the privilege license category. Councilman Hawkins stated
the Police Department investigation revealed nothing that would preclude the issuance of this license to
Mr. Guttierrez. Mr. Hawkins asked Mr. Guttierrez if he is a US citizen and he replied he is and
produced his naturalization papers. Councilman Lnenicka asked Mr. Guttierrez what type games he
would have. Mr. Cora responded for Mr. Guttierrez and stated there are eight tables and no coin
operated machines in the business. Mayor Bacon asked who would be the day-to-day manager and Mr.
Guttierrez replied his wife would be the manager.
....
Councilwoman Capilouto stated she is opposed to granting this license because Mr. Guttierrez' son came
before Council for the license and it was denied. She further stated he had indicated he would be
managing the billiard hall and now the applicant is stating his son will not be managing the business. Mr.
Cora stated he did not know why Dennis Guttierrez had taken it upon himself to apply for the business
license because he has been enrolled at West Georgia College and plays football and soccer for the school
and has not graduated yet.
Councilman Lnenicka asked about the signage for the business and requested that they be in English.
Councilman Hawkins made a motion the business license request for EI Trebol Billares at 1036-1040
Windy Hill Road be approved. Councilman Scoggins seconded the motion. Motion was approved 6-1
with Ms. Capilouto opposed.
February 5. 1996 meeting - continued
FORMAL BUSINESS:
(A) Bid Opening (Bid 96001) - Trailer Mounted, Self-Contained 25-Yard Leaf Collector (Public
Works Department)
Mayor Bacon asked if there were any bids in the audience. There were none. Mayor Bacon stated there
were two bids received.
Councilman Scoggins stated the bids are for a trailer mounted, self-contained 25-yard leaf collector for
the Public Works Department. The leaf collector is necessary due to the State mandate that after
September, 1996, no leaves can be taken to a landfill. Councilman Scoggins asked Ms. Kirk to briefly
explain the leaf collector. Ms. Kirk stated this would be the vacuum to collect leaves and use them as
mulch. Ms. Kirk stated a leaf-grinder will be purchased at a later date in order to make the leaves usable
as mulch. Ms. Kirk also stated the machine can be used to vacuum out the storm drains that may
possibly be clogged with leaves. The bids were opened and read as follows.
.""".
Municipal Equipment Sales, Woodstock, Georgia $26,620
($25,620 for the equipment and $1,000 for freight charges)
ODB Products, Richmond, Virginia $19,900
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their
review and a recommendation to be brought back before Mayor and Council. Councilman Wood
seconded the motion. Motion was approved 7-0.
B) Bid Opening (Bid 96002) - John Deere 510D Loader Backhoe (Public Works Department)
Mayor Bacon asked if there were any bids in the audience. There were none. Public Works Assistant
Director Ray Curtis stated this equipment will be used by the Sewer Department. Mayor Bacon stated
he hoped that in the 1997 budget, funds are allocated for the purchase of possibly three or four pickup
trucks for the Public Works Department. Mayor Bacon also expressed his appreciation to Larry Dunn,
Ray Curtis, Frank Martin and "Wormy" for their efforts Friday and Saturday night due to the bad
weather. The bids were opened and read as follows:
.....,
Metrac, Inc., Atlanta, Georgia
$79,970
Industrial Tractor Company, Inc., Jacksonville, Florida
$83,874
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their
review and a recommendation to be brought back before Mayor and Council. Councilman Wood
seconded the motion. Motion was approved 7-0.
(C) Approval of Contract for Church Street Aquatic Center
Bob Thomson stated this is the formal approval by Council for the contract with T. E. Quinn and the
swimming pool contractor and deferred to Councilman Wood.
Councilman Wood stated the total projected cost is approximately $670,000 for this project to be funded
by CDBG funds. He further stated the mayor and council have previously approved the project but at
that time the bids had not been received and this will modify that previous approval and to establish a
budget of approximately $670,000 for this project plus $30,000 which will be required for the
furnishings. He stated the funds will come from the CDBG project years, 1990, 1993, 1994, 1995 and
part of 1996. He also stated this will not take away from other projects, these are funds from prior years
that were not officially allocated. Councilman Wood made a motion to authorize the Mayor to sign all
contracts, documents and agreements required to move this project to completion. Councilman Hawkins
seconded the motion. Motion was approved 7-0.
....,
COMMERCIAL BUILDING PERMITS:
(A) Young Contracting - CVS Pharmacy Store - 3536 Atlanta Road
Councilman Lnenicka stated the variance request (Item 3-A) was denied and the Smyrna Code stipulates
that building permits are only issued if they are in conformance with Section 1302 of Appendix A. He
February 5. 1996 meeting: - continued
further stated the proposed variance and site plan and the size and location of the building are not in
conformance with the city's ordinances. Councilman Lnenicka made a motion the building permit for
Young Contracting - CVS Pharmacy Store - 3536 Atlanta Road be denied. Councilman Cramer seconded
the motion. Motion to deny the building permit was approved 7-0.
(B) Merit Construction - Eckerd Drug Store - 2113 South Cobb Drive
..
Councilman Cramer made a motion the building permit for Merit Construction - Eckerd Drug Store -
2113 South Cobb Drive be approved. He stated this will be on the corner of Pat Mell Road and South
Cobb Drive and is for $537,000. Councilman Scoggins seconded the motion. Motion was approved 7-0.
BID AWARDS:
There were none.
CONSENT AGENDA:
(A) Approval of January 16, 1996, Minutes
(B) Approval to Use Council Chambers - Sunday, February 11, 1996 - 6:30 - 9:00 p.m. -
Ward 6 Meeting (Cumberland Vail Homeowners Association)
(C) Approval to Use Council Chambers - Tuesday, February 20, 1996 - 7:00 - 9:00 p.m. -
Ward 6 Meeting (Argyle Estates)
(0) Set Public Hearing Date to Close and Abandon Davis Street
Councilman Lnenicka made a motion to approve the consent agenda. Councilman Wood seconded the
motion. Motion was approved 7-0.
COMMITIEE REPORTS:
..
Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr.
Ciaccio apologized for any inconvenience closing the Community Center on February 3 and 4 may have
closed. He stated they felt it was in the best interest to close the center due to the inclement weather.
Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler thanked
everyone involved in the Mystery Dinner Theater held at the Library on February 2 and apologized for
the inconvenience that may have been caused by closing the Library on February 3. He also announced
there will be a book discussion group meeting on February 6 and the tax counseling for the elderly will
begin on Wednesday, 02-07, from 12:00 noon - 4:00 p.m. and it is not strictly for the elderly. He stated
there will be someone there to assist with tax returns until April 10, 1996; the Genealogy Class is full;
the literacy tutor class trained 17 tutors with four students; the art exhibit this month is pastels by Susan
Deryemer; The brothers Frank and Dave Diacheysn have a basketball card collection, including first
rookie cards on Michael Jordan, Shaquille O'Neal, and several others on exhibit in the display case;
Linda Grice has a display of African masks and headdresses that have been prepared by Griffin Middle
School students in the downstairs display case; Government documents are starting to arrive and the
Peachnet is up and running.
Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms.
White stated the city is recruiting for lifeguards and swimming instructors for the Parks and Recreation
Department.
Councilman Newcomb asked Scott Stokes, Chief Building Official for a report. Mr. Stokes reported the
year end figures for the Community Development Department.
...
Councilman Newcomb announced the houses that have been purchased on Spring Road for the widening
project have all been sold by Cobb D.O.T. to folks who will either move them or strip and demolish
them. He stated the County will grade what is needed for the project and leave the remainder in tact and
take advantage of the landscaping that has been there for years.
Councilman Newcomb then extended his condolences to the family of C. J. Burke, a ten year old boy
who was struck by a car as he attempted to cross Spring Road at Glenroy Drive.
Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms.
Kirk announced there were 23 participants in the Adopt-a-Mile program on Saturday, January 27. These
February 5. 1996 meeting: - continued
volunteers picked up 25 bags of litter along a five mile stretch of South Cobb Drive and Atlanta Road.
Ms. Kirk extended her thanks to those dedicated persons who participated. Ms. Kirk announced through
the efforts of herself and Councilman Scoggins, the residents of Smyrna who have junked automobiles
on their property can contact the American Kidney Foundation and they will pick up those automobiles.
Ms. Kirk announced there are free compost bins available at the Recycling Center.
Councilman Scoggins expressed his appreciation to the Public Works Department for their efforts in
inclement weather. Mayor Bacon stated he felt the city should purchase something for the workers to
sleep on when they have to spend the nights at the complex during inclement weather, in order to be
available to spread sand, etc. ......
Councilman Hawkins asked Nancy Hancock for a report on the Cemetery Association. Ms. Hancock
announced the bricks for the Pathway of Honor will be available through the month of February.
Councilman Hawkins stated the Court Services Department since January has reported to the State 1796
cases responsible for $115,877 in fines collected for the City. He stated they are also looking into
collection of parking ticket fines. He also announced the Community Services workers (since January)
have provided 140 manhours in the Smyrna Cemetery, assisted with the tree-chipping program and as
weather permits will assist in cleaning out the storm drains and curbs along the city streets.
Councilman Cramer stated there is no report from the Fire Department this evening. He stated the
response time in the last five years has gone from 4 minutes to 3:40 minutes; and the total number of
calls since 1991 (2,041) they have responded to over 3,900 calls.
Councilman Lnenicka thanked the Public Works Department for their work this past weekend. Chief
Hook reviewed the statistics for the Police Department.
Councilman Lnenicka announced there will be a Ward 6 (Cumberland Vail) meeting in the Council
Chambers on Sunday, February 11 from 6:30 - 9:00 p.m.; Ward 6 (Argyle Estates) meeting on Tuesday,
February 20 from 7 - 9 p.m.
Councilman Wood expressed his appreciation to the Public Works Department, Police and Fire ....,
Departments and Emergency Management Department for their efforts this past weekend during the
inclement weather.
Councilman Wood reported the city has just reviewed the first six months financials and reported the city
is operating within the budget and Ms. Edgar will give a report on the results of the first six months at
the next council meeting.
City Clerk Melinda Dameron reported the City of Smyrna does have a $10,000 tax exemption that is
available if you are 62 years of age or older or if the resident is totally disabled. Ms. Dameron reported
that once you have qualified, it is not necessary to come in and re-apply, but if you have never qualified
until this year, the resident needs to come apply at City Hall by April 1.
Mayor Bacon expressed his appreciation to Reverend Frank Hammond who remained for the entire
meeting.
With no further business, the meeting adjourned at 9:27 p.m.
....,
February 5. 1996 meeting - continued
A. MAX BACON, MAYOR
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MELINDA DAMERON, CITY CLERK
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CHARLENE CAPILOUTO, WARD 1
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BILL SCOGGINSf ARD 3
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RON NEWCOMB, WARD 2
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~rACK CRAMER, WARD 5
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