March 20, 1995 Council Meeting
March 20, 1995
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 Laurel Best, Parks and Recreation
Director Steve Ciaccio, 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 Jim Mitchell, pastor of Smyrna First Methodist Church, followed by the pledge
... to the flag.
Mayor Bacon recognized Mary Ann White, Director of Human Resources. Ms. White introduced
Carolyn Roberts and Clara Tucker, receptionists for the City and recognized them as "Team of the
Month." Both Ms. Roberts and Ms. Tucker were presented with a certificate of appreciation and a gift
certificate in recognition of the excellent job they perform for the city.
CITIZENS INPUT:
Mayor Bacon recognized Murray Glass, Bank Street, who presented the Mayor and Council with a
petition with over 71 signatures requesting that the three-way stop sign at Bank and Hamby Street be
removed.
Mayor Bacon recognized Ralph Hancock, member of the Citizens Advisory Board for Teasley Elementary
School, who came forward and stated he would like to respond to alleged untruths printed in a local
publication concerning the upcoming bond issue for Cobb County Schools. Mr. Hancock stated the
purpose of the article was not to discuss the school bond issue but to urge everyone to vote against a tax
increase. Mr. Hancock then stated the bond referendum was very important and urged everyone to vote
in support of the bond.
Mayor Bacon recognized Allison Black, sophomore at Campbell High School, who spoke in favor of the
school bond referendum.
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Mayor Bacon recognized Anne Brady, Cobb County School Board member, who discussed the various
improvements at the Smyrna area schools and urged everyone to vote in the March 21, 1995, school bond
referendum.
Mayor Bacon recognized Deanna Marshall who stated she was concerned and upset over the recent ruling
in the Smyrna Municipal Court. Ms. Marshall stated she had posted the bond on her credit card for her
friend who was arrested in September of 1994 for disorderly conduct. She stated she and her male friend
appeared in court and he was found guilty. She then alleged no one informed her of how the fine for
the offense was to be paid and she and her friend left the court. She later learned that the bond money,
charged to her credit card, was applied to the fine amount. Ms. Marshall states she feels she is due
reimbursement for the fine amount and the court should proceed to recover the fine amount from the
arrested person. After a lengthy discussion, Councilman Jim Hawkins stated he would convene a meeting
of the Court Services Committee and review the action taken in court relative to that situation.
Councilman Wade Lnenicka asked Ms. Marshall to speak with Chief Hook about the alleged
unprofessional conduct of the arresting officer.
PUBLIC HEARINGS:
(A) Proposed Charter Amendments (Second Reading)
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the proposed
Charter Amendments. There was none.
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Councilman Wood stated the amendments are necessary to remove outdated verbiage and to clarify the
Charter. Mr. Wood then read the proposed charter amendments and stated they would be available for
review in the office of the City Clerk. Councilman Wood made a motion the amendments and changes
to the charter be approved. Mayor Bacon stated that before a second was received on the motion that
this is a public hearing and asked if there was anyone present in opposition to the proposed amendments
to the Charter or anyone who would like to make any comments. There was no opposition and no
comments. Councilman Cramer seconded the motion. Motion was approved 7-0.
March 20. 1995 meeting - continued
(B) Variance Request - 6016 Bordeau Walk - Reduce Front Yard Setback from 20' to 15'
Mr. Thomson stated Mr. Jack Miller, the applicant, is requesting the variance to reduce the front yard
setback from 20 feet to 15 feet on the cul-de-sac side of the yard. Mr. Miller states in his letter of
hardship that he has a contract to build a home on this lot and unless the above variance is granted the
pre-sold house will not fit on the lot. Mr. Miller's application also included a letter from the affected
neighbor saying they do not object to the requested variance.
Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the
granting of this variance. There was no opposition.
Councilman Cramer asked Mr. Miller to briefly state what he plans to do at this location. Mr. Miller
stated this particular lot in Chateau Walk is a narrow lot and they are requesting the front yard setback
reduction in order to allow them to move the house forward on the lot and stated that if the variance is
not granted tht: house would be too close to the lake and would be a hazard. Mr. Miller stated building
in this subdivision is almost complete and the remaining lots are the difficult ones on which to build.
Councilman Cramer made a motion the variance request at 6016 Bordeau Walk to reduce the front yard
setback from 20 feet to 15 feet be approved. Councilman Patrick seconded the motion. Motion was
approved 7-0.
FORMAL BUSINESS:
(A) Approval of General Contractor - Phase II
Councilman Pete Wood stated five proposals were received for the Phase II development of the downtown
area. He further stated a review committee composed of the City Administrator Bob Thomson, Director
of Court Services Melinda Dameron, Chief Building Official Scott Stokes, Police Chief Hook and Win
Zeliff, a reprt:sentative from the architectural firm of Sizemore-Floyd, reviewed the bids and made a
recommendation to the Mayor and Council for selection of the general contractor.
Councilman \Vood asked Mr. Zeliff to make a brief report and recommendation to the Mayor and
Council about the Phase II development. Mr. Zeliff made a brief report and recommended the bid be
awarded to Metric Constructors as the Construction Manager at Risk for the huilding of the new
municipal services and public safety facility. Mr. Zeliff further stated Metric Constructors is committed
to the completion of both buildings prior to the 1996 Olympics. He also stated they are committed to
establish the Guaranteed Maximum Price within the project budget which is hasically the allocated bond
monies and their overall fee for the work, when taken as a whole. was the lowest of the fees quoted to
the city. The fee for the work was 2.9% ofthe construction costs and this as compared to the others was
right in the middle range. The cost of the pre-construction services will be at cost and is hudgeted right
now between $30,000 and $50,000 assuming a three to four month pre-design phase. He also stated they
have committed that there will be no fees to be charged on change order works if there are any change
orders up to a total of one million dollars. He also stated that generally in a Guaranteed Maximum Price
contract it is typical to have a split of any savings between the owner and the contractor and it is usually
a 50/50 split and in this contract they are saying that all monies will be returned back to the city for use
in the project. He then stated that hased on the above facts, they are recommending the contract be
awarded to Metric Constructors for Phase II of the downtown redevelopment.
Councilman Wood asked if the review committee also recommended the bid be awarded to Metric
Constructors. Mr. Zeliff responded it was the unanimous recommendation of the review committee to
award the contract to Metric Constructors.
Councilman Wood made a motion that the proposal of Metric Constructors, Inc., be approved as the CM
at Risk for the project and be awarded the contract for the Phase II work. Councilman Newcomb
seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS: There was none.
BID AWARDS: There was none.
CONSENT AGENDA:
(A) Approval of March 6, 1995, Minutes
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March 20, 1995 meeting - continued
(B) Approval to Use Council Chambers March 28, 1995 (7:00 - 9:00 p.m.) for Ward 6 Meeting
(C) Temporary Road Closure - Ridge Road at Atlanta Road April 1 - 24, 1995 (Atlanta Road
Widening Project)
(D) Set Date for Show Cause Hearings
(E) Approval to Purchase Computer Software - Court Services/Communications
Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the
motion. Motion was approved 7-0.
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Mayor Bacon stated the date for the show cause hearings will be April 3, 1995.
Councilman Lnenicka reminded the residents of his ward that the Atlanta Road intersection with Ridge
Road will be closed from April 1 - 24, 1995, and urged them to use an alternate route during that period
of time.
COMMITTEE REPORTS:
Councilman Patrick stated there is no report from the Library this evening.
Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms.
White stated she had received good news about the city's Worker's Compensation Experience Rating and
that the expected primary losses and the actual primary losses, the difference on the positive side was
$57,000. She also stated there are four current job ~penings: Part-time Control Desk Receptionist at
the Community Center; Heavy Equipment Operator, Light Equipment Operator and Recycling Center
Attendant for the Public Works Department. She stated the closing date for job applications is March
24, 1995. She also stated the Parks Department is accepting applications for seasonal jobs as lifeguards
and swimming instructors.
Councilman Newcomb announced there will be a combined meeting of the residents of Wards 1 and 2
on March 28 at the Community Center.
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Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms.
Kirk reported the hand bill stickers are ready for distribution and will be mailed out at the end of this
week with a letter of explanation for their use. Ms. Kirk expressed her appreciation to Christopher
Durham, David Harris, Eddie Harris, Joey Lands, Sonya Lumpkin, Lakisha Smith, Deidra Stephens,
Vanetia Tetterton, Antoine Washington, Jennifer Jardine, Andrea Blackwell and Kayla Jackson, students
of King Springs Elementary School who assisted her in the preparation of this mailing.
Ms. Kirk reported "Spring Into Recycling" will be held April 8 at Southeast Recycling Incorporated, 816
Pickens Industrial Drive in Marietta, and she is in need of volunteers. The event starts at 9:00 a.m. and
concludes at 4:00 p.m.
Councilman Scoggins announced Ms. Kathie Barton is scheduled to return to work tomorrow and we are
looking forward to her being back at work.
Councilman Scoggins announced that the city's chipper program, through the first six months of this
fiscal year, has brought in 68 tons of chipped wood and asked that the citizens separate their trash from
limbs for that program.
Councilman Hawkins asked Chief Larry Williams for a report from the Fire Department. Chief Williams
reported last week there was a city garbage truck that was on fire and was emitting vapors that adversely
affected people. Chief Williams stated with the use of the Carbon Monoxide Monitor that the City
purchased they were able to determine what the vapors were. He also stated his department's four-wheel
... drive vehicle responded to a call for aid for a seriously injured biker who was several miles off the road
and without the four-wheel drive vehicle his rescue would not have been possible. He stated his
paramedics were able to reach the individual and stabilize him until he could be airlifted to the hospital.
He also stated there was recent accident on Anderson Circle and mentioned that one of the Smyrna Cable
TV workers was the first on the scene and actually removed the young girl from the ravine but
unfortunately the young lady did not survive the accident. He expressed his appreciation to the Mayor
and Council for providing his department with the necessary tools required for his department to perform
their job.
Councilman Cramer asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr.
March 20, 199:5 meeting: - continued
Ciaccio reported this Saturday, March 25, is the Smyrna Little League Opening Day parade and season
opener at Brinkley Park. He also stated on Saturday, April 1, Tolleson Pool will open for water aerobics
and open swim; Saturday, April 8, from 9:00 a.m. - 4:00 p.m. the Community Center will host the
antique bottle show and admission is $1; Wednesday, April 12, at 7:00 p.m. the American Legion and
the Parks Department will sponsor an Easter egg hunt at Legion Field for children aged 6 and under only.
He also announced Smyrna Night at the Braves is scheduled for April 18 and the tickets are $15. The
Braves will host San Francisco that evening.
Councilman Lnenicka asked Chief Hook for a report from the Police Department. Chief Hook announced
the last six employees hired under the COPS grant reported for work this week and there is one
remaining candidate who will come on board next week.
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Councilman Lnenicka stated on Friday, March 17, the latest presentments from the Grand Jury were
printed in the Marietta Daily Journal. He further quoted from the article "Our committee was
accompanied by Chief Stanley Hook on an informative and pleasant tour of the facility. Overall the
members felt the jail was clean, safe and well-maintained. A number of cells did appear as if in need
of fresh paint. Especially impressive was the state of the art 911 System as well as the Are You OK'
Prog:ram for the elderly. Plans are in effect for a new facility which should be sufficient to meet the
community's need. We concur with the former Grand Jury report that Chief Hook is an outstanding
administrator. "
Councilman Wood stated there is no report from the Finance Department. He stated the budget process
is moving full-speed ahead and the department budget meetings are scheduled to begin the first week in
April.
With no further business, the meeting adjourned at 8:58 p.m.
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MELINDA DAMERON. CITY CLERK
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A. MAX BACON , MAYOR
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RON NEWCOMB, WARD 2
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BILL SCOGGINS, W 3 :A M. HAWKINS, WARD 4
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JACK CRAMER, WARD :5
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