September 7, 1993 Council Meeting
September 7, 1993
The regular scheduled meeting of Mayor and Council was held September 7,1993 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present. Also
present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp, Parks and Recreation Director Steve Ciaccio, Library
Director Laurel Best, Police Chief Stanley Hook, Public Works Administrative
Assistant Brenda Barrett, City Engineer Ken Hildebrandt, Fire Chief Larry
Williams, Personnel Director Mary Ann White, Finance Director Jim Triplett and
representatives of the press.
... Invocation was given by Gary Ellison, pastor of Calvary Baptist Church followed
by the pledge to the flag.
Citizens Input:
Personnel Director Mary Ann White presented the Employee of the Month award to
Engineer Steve Wilkins of the Smyrna Fire Department.
Mr. Bill Sommers thanked the City for its cooperation in his eleven years of
business in the City. Mr. Sommers, owner of Red Dot Package Store, stated he
closed at 2:00 p.m. today and just wanted to come by and say goodbye.
Mayor Bacon asked Ron Newcomb to read a proclamation on behalf of the American
Business Woman's Association proclaiming September 22, 1993, National Business
Woman's Day in celebration of the 44th year of the organization. Ms. Betty
Turley received the proclamation on behalf of the organization.
Public Hearings:
(A) Agent Change - Alcoholic Beverage License - Aunt Fanny's Cabin
Mr. Thomson stated New South Management, Inc. has submitted a new application for
retail pouring of beer, wine and liquor. Mr. Thomas Monroe Posey is the
owner/manager and has been the owner of the establishment for some time. The
... Police Department has completed the investigation and has found nothing that
would preclude him from obtaining the license for which he has applied.
Mayor Bacon then asked Mr. Posey to step forward and asked if anyone was present
in opposition to this requested beverage license change. There was no one
present in opposition. Mayor Bacon then called on Mr. Newcomb.
Councilman Newcomb stated Mr. Posey will be the manager on site as required by
our new ordinance. Mr. Newcomb then asked Mr. Posey to explain how he would
ensure that they comply with the provisions of the Alcoholic Beverage Ordinance.
Mr. Posey stated that all servers are made aware of the laws of the City and that
their jobs would be at risk if they violate the laws of the City of Smyrna. Mr.
Newcomb then asked Mr. Posey if he had read the ordinance and Mr. Posey responded
that he had read it and does understand it.
Mr. Hawkins asked Mr. Posey if Aunt Fanny's now has a dinner theater and Mr.
Posey responded yes they do.
Mr. Lnenicka asked Mr. Posey if he understood that as the license holder, he
would be personally responsible for the proper execution and operation under the
license, whether it is he or one of his employees that does or doesn't do
something, he will be held responsible. Mr. Posey stated he did understand that.
Mr. Newcomb made a motion to approve the application for an agent change for the
retail pouring of beer, wine and liquor at Aunt Fanny's Cabin at 2155 Campbell
... Road. The motion was seconded by Wade Lnenicka. Motion was approved 7-0.
(B) Variance Request - 1047 Windy Hill Road - Reduce Side Yard Setback
from 10 feet to 1.78 Feet
Mr. Thomson stated that Quintero Brothers, Inc. is requesting these variances to
remodel the old building formerly housing the Mindis Recycling Center. Mr.
Thomson also stated that a letter of hardship presented indicates the front of
the building will be renovated for a restaurant and the rear portion of the
building will house a travel agency and other retail shops.
September 7, 1993 Meeting - continued
Mayor Bacon asked if Mr. Quintero was present and asked him to step forward.
Mayor Bacon also stated this is a public hearing and asked if anyone was present
in opposition to the granting of this variance request. There was none.
Mr. Hawkins recognized Dan Holland and asked him what capacity he held with Los
Americas restaurant. Mr. Holland responded he is the project coordinator. Mr.
Hawkins asked Mr. Holland if he was going to remodel the Mindis Recycling Center
site and Mr. Holland responded yes. Mr. Hawkins stated this is the same type
situation that the Council has faced many times when a new owner purchases
property and due to necessary renovations the variances are required by the City
as they are making changes to the property. Mr. Hawkins also stated he ....,
understood that they are requesting a variance from Section 1101 which allows
only one primary building on a lot and the second variance is from Section 802 -
side yard setback for the building on the back. The building is currently
sitting 1.78 feet from the line and no addition to the building is planned, the
renovations will be internal.
Mr. Holland recognized the Qunitero brothers and stated their family has a
restaurant here in Smyrna.
Mayor Bacon asked if the renderings of the restaurant attached to the application
was a good indication of how the building would look after renovations. Mr.
Holland responded yes.
Mr. Hawkins asked what the seating capacity would be and Mr. Holland responded
approximately 40 - 49 seats. The restaurant will serve Mexican food.
Mr. Hawkins made a motion that the variance request for 1047 Windy Hill Road be
granted. Mr. Patrick seconded the motion. Mr. Newcomb asked for clarification
about the retail spaces indicated in the application. Mr. Holland responded
there will be three retail stores at this location with the deli and restaurant
located in the front of the building. Mr. Lnenicka asked if there would be a
need for an additional variance for signage at this location and Mr. Holland
responded he did not think that would be necssary as he thinks the sign as
indicated on the application will be in conformance with City codes. Mr. Holland ....
stated if the sign did not conform they would go along with whatever is required
by Code and does not anticipate coming back before Council. Vote on the motion
was approved 7-0.
(D) Variance Request - 3885 Honeysuckle Drive - Reduce Side Yard Setback
from 10 Feet to 5 Feet
Mr. Thomson stated Mr. and Mrs. Hayes are requesting this variance in order to
enlarge their existing carport to accommodate two cars. The hardship letter
furnished by the Hayes' indicates the pine rosin which falls from the trees is
destroying the finish on their cars.
Mayor Bacon asked Mr. and Mrs. Hayes to come forward and asked if anyone was
present in opposition to the granting of this variance request. There was no
opposition.
Mr. Wood asked the Hayes' to explain what they plan to do to their carport.
Mr. Hayes responded they plan to extend their driveway to make it a double
driveway and to enlarge their single carport to a double carport which will be
enclosed.
Mr. Wood stated he has a letter from Mr. Coakley, the neighbor at 3871
Honeysuckle Drive, stating he has no objection to the granting of this variance
request. Mr. Wood made a motion that the variance request at 3885 Honeysuckle ....,
Drive to reduce the side yard setback from 10 feet to 5 feet be approved. Motion
was seconded by Jim Hawkins. Motion was approved 7-0.
September 7, 1993 meeting - continued
Formal Business:
(A) Appointment to Smyrna Cemetery Commission
Mr. Scoggins made a motion to appoint Ms. Nancy Hancock as the Chairperson of the
Historical Review Committee. Jim Hawkins seconded the motion. Motion was
approved 7-0.
Ms. Hancock thanked the Mayor and Council for the opportunity to serve on the
Smyrna Cemetery Commission.
...
(B) Bid Opening - (Bid 93015) Water Meters - utility Services Department
Mayor Bacon asked if there were any bids in the audience. There were none.
Three bids were received and opened and read as follows:
Hughes Supply Incorporated (Alpharetta) submitted a bid on Hersey meters:
3/4" Meter
1" Meter
1 1/2" Meter with Flange
1 1/2" Female Meter
2" Meter with Flange
2" Female Meter
3" Meter with Flange
3" Female Meter
4" Meter
6" Meter
8" Meter
10" Meter
Davis Meter and Supply (Kennesaw)
...
3/4" Meter
1" Meter
1 1/2" Meter with Flange
1 1/2" Male Meter
2" Meter with Flange
2" Male Meter
3" Meter with Flange
3" Female Meter
4" Meter
6" Meter
8" Meter
10" Meter
$24.75
$74.70
$193.95
$193.95
$280.00
$280.00
$485.00
Not available
$777.00
$1,478.00
$5,985.00
$9,710.00
$24.64
$54.00
$130.00
$130.00
$194.00
$194.00
$373.00
Not available
$585.00
$1,105.00
$1,459.00
No Bid
Southern Meter and Supply Company (Stockbridge)
..
3/4" Meter
1" Meter
1 1/2" Meter with Flange
1 1/2" Female Meter
2" Meter with Flange
2" Female Meter
3" Meter with Flange
3" Female Meter
4" Meter
6" Meter
8" Meter
10" Meter
All bid prices quoted are without
$25.28
$51. 95
$126.00
$130.00
$185.00
$185.00
$516.00
Not available
$845.00
$1,460.00
No Bid
No Bid
connections.
Mr. Scoggins made a motion that the bids be turned over to the Public Works
Committee with a recommendation to be brought back to Council at the next
meeting. Motion was seconded by Pete Wood. Motion was approved 7-0.
September 7, 1993 meeting - continued
Formal Business:
(C) Bid Opening (Bid 93016) - Air Conditioning Unit - Church street Center
Mayor Bacon asked if any bids were in the audience. There were none.
Two bids were received, opened and read as follows:
Cobb Heating and Air Conditioning, Inc.:
Total delivered price $5,344.00
.....
J. R. Nichols and Company:
Total delivered price $6,970.00 with two notations as follows:
1. The City can deduct $250 if the City hauls
away the old unit.
2. The City can deduct $250 if the City lifts
the new unit into place.
Mr. Cramer made a motion that the bids be turned over to the Parks and Recreation
Committee with a recommendation brought back to Council at the next meeting.
Bill Scoggins seconded the motion. Motion was approved 7-0.
(D) Ordinance Amendment - Amend Ordinance 8-2
Mr. Hawkins read the proposed change as follows: Be it ordained by the Mayor and
Council of the City of Smyrna, Georgia, that Section 8-2 of the Code of
Ordinances of the City of Smyrna, Georgia, be amended so that such section shall
read as follows:
Section 8-2. Same -- On information; waiver of warrant; failure of arrested
person to appear after notice. An officer shall not make an arrest until a
warrant has been issued in any case where information of an offense against any ...
of the provisions of this Code or other ordinance of the city is derived from
another person. In case such offender shall fail to appear on notice, he shall
be guilty of contempt of court, and it shall be the duty of the police to arrest
and bring him to trial. (Code 1957, Ch.2 ~ 2).
Mr. Hawkins stated the purpose of the proposed amendment is to clean up the
language of the old ordinance and that this revised section says what the old
ordinance was intended to say. He explained this basically will prevent police
officers from being able to issue warrants based on another person's word. Mr.
Hawkins made a motion that the proposed ordinance amendment be approved. Bill
Scoggins seconded the motion. Motion was approved 7-0.
(E) Approval of 1% Road Project List
Mr. Scoggins announced the total amount of 1993-1994 1% Road Improvement Project
list is $796,522. He also stated that some of the projects are carried over from
last year but wanted the citizens to know that this is a significant amount for
our curb/gutter, paving, traffic signals, and turn lane projects. Mr. Scoggins
then made a motion that the 1% Road Project List for 1993-1994 be approved. Mr.
Newcomb seconded the motion.
Mr. Newcomb stated he wanted to be sure that the citizens know this is 1% money
that has come back to Smyrna from the Cobb County 1% tax for that purpose.
Mr. Lnenicka asked if the optional items included in the list are to be included .....
in the approved list.
Mr. Scoggins stated that each councilman knows his own project list and urged
each councilman to check the list and if anything was omitted to be sure and add
it to the list and indicated that yes, the options are to be included in the
approved list.
Mr. Lnenicka said he would not support the motion because he does not feel the
Council had the opportunity to discuss any individual items on the list and felt
there were a lot of unanswered questions concerning the projects.
September 7, 1993 meeting - continued
Mr. Thomson stated the list was prepared by the Public Works Department and the
City Engineer's recommendations based on the needs of the wards and the condition
of the streets.
Mayor Bacon stated the list had been circulated for some time asking the Council
members to submit their list for approval and has been in the works for some
time. Mr. Lnenicka stated he would very much like to see the memos as he has not
received any of them. He did indicate he had a copy of a July 30 memo on the 1%
road projects with the understanding that the list would be discussed at a later
date. Mayor Bacon indicated that was five weeks ago and sufficient time had
... passed to allow each member of council to submit their projects.
Mr. Hawkins reminded everyone that last year, as Chairman of the Public Works
Commi ttee, he had recommended the list be compiled by the Public Works Department
in conjunction with the City Engineer based on the condition of the street and
the need for the projects.
Councilman Scoggins made /a motion that the 1% Road Projects list be approved.
Motion was approved 6-1 with Mr. Lnenicka opposed.
(F) Bid Opening - Public Works Building Addition
Mayor Bacon asked if there were any bids in the audience. There were none.
Eight bids were received, opened and read as follows:
...
B. L. Law Company, Mableton
Southern Building Systems, Sandy Springs
Paulding Commercial Builders, Hiram
Dan Williams Construction Co., Smyrna
Metric Constructors, Marietta
(with two exclusions)
Hatcher & Sons Construction
All Span Builders, Fayetteville
Joe Blaydes & Wayne Moody
$75,300
$85,127
$80,922
$89,465
$114,200
$98,056
$76,700
$96,460
Bill Scoggins made a motion the bids be turned over to the Public Works Committee
and a recommendation brought back to the Council at the next meeting. Motion was
seconded by Pete Wood. Mr. Thomson explained the addi tion is to better
coordinate engineering and public works functions at the Public Works Complex.
The City expects to derive a considerable income once the existing office space
occupied by Community Development/Inspections Departments is leased by a new
tenant to help offset the cost of the building addition. According to Mr.
Thomson at least half the cost of the addition should be offset by the income
derived from the existing building on Atlanta Road. Mr. Hawkins suggested
placing ads in the paper to notify potentially interested persons of the office
space that will be available once the move is made. Motion was approved 7-0.
Commercial Building Permits:
There were none.
Bid Awards:
(A) Rubber Tire Loader
..
Mr. Scoggins made a motion that the bid will be awarded to the low bidder even
though it did not meet specif ications . The Public Works Director and the
Committee inspected the equipment and felt the machine at a cost of $11,000 less
than the next bid the bid should be given to Burch-Lowe for $72,981 on a Kobelco
Rubber Tire Loader. The motion was seconded by Ron Newcomb.
Mr. Hawkins stated he has some reservations about awarding the bid to a vendor
that did not meet specs but would support the bid award based on his
conversations with Mr. Broyles; however, he hopes the Council is not setting a
precedent by awarding a bid to the low bidder who did not meet specs.
September 7, 1993 meeting - continued
Mr. Newcomb stated this issue was very unusual in that low bid did not meet
specifications and in another sense this is not quite right. He stated the
specifications were for a John Deere rubber tire loader but in the fine print of
the bid document we stated the specs are just general guidelines and deviations
to the specs would be acceptable if the bidder stated how his product deviated
from the requirements. The low bidder did read the fine print and did comply
wi th the legal language that did meet the specs. Mr. Newcomb stated for a
difference of $11,000 he felt it was the best choice. Mr. Newcomb further stated
the bid document would be reviewed for a possible change in the language.
Mr. Lnenicka stated for the record he would be abstaining from the vote and __
discussion on this bid award because the salesman for Burch-Lowe, Eddie Hellmann
is a personal friend of his and was his campaign manager during the last
election.
Mr. Newcomb commended Mr. Lnenicka for his actions in abstaining from the vote
on this bid award. Mr. Newcomb stated he had chaired a state-wide task force
made up of representatives from other municipalities, sponsored by the Georgia
Municipal Association, and had spent a good deal of time looking at proposed
ordinances dealing with ethics and feels Mr. Lnenicka's actions are entirely
correct. He further stated it would have been appropriate for Mr. Lnenicka to
disclose the relationship with Mr. Hellmann and continue to vote but commended
Mr. Lnenicka from his abstaining from the vote and any discussion concerning the
bid award and feels his actions are very commendable.
Vote on the motion was approved 6-0-1 with Mr. Lnenicka abstaining.
(B) Garbage Truck
Mr. Wood stated the Public Works Committee has reviewed the bids that were
submitted for a 25 yard garbage truck. The Committee recommends the bid be
awarded to Consolidated Disposal Systems, Inc. for a 1994 GMC with dempster DRK2
at a cost of $72,250. Mr. Wood stated this is the low bid and meets all the
specifications. Motion was seconded by Jack Cramer. Motion was approved 6-0-1 ...
with Mr. Scoggins abstaining.
Consent Agenda:
(A) Approval of August 16, 1993 minutes
(B) Approval to solicit bids - Replace roof at Fire Station 2
(C) Approval to solicit bids Chassis for Sanitation Dept. Equip.
(D) Approval to solicit bids Jet truck for Water/Sewer Dept.
(E) Approval to solicit bids Flail Mower - Public Works Dept.
(F) Approval to solicit bids "410" Backhoe for Water/Sewer Dept.
(G) Approval to solicit bids - Carpet for Meeting Rooms 1, 2, and
3 and Hallway in the Community Center
(H) Approval to solicit bids - Upgrade Sound System - Community Center
(I) Approval of stop signs on Church Road at Davis, Stephens, & Reed Streets
Mr. Hawkins stated that on item (I) of the consent agenda the stop signs should
be installed at Davis street, Stephens street and Flagler Circle with Stephens
Street and Flagler Circle having advance warning lights and asked that Item (I)
be changed to reflect that. This is based on the recommendations of the City
Engineer Ken Hildebrandt.
Mr. Hawkins made a motion to approve the consent agenda. Motion was seconded by
Jack Cramer. Motion was approved 7-0.
Committee Reports: ...
Mr. Patrick stated that the Smyrna Library will be holding a Senior Survival
Workshop and is designed for citizens 60 years of age or older. The seminar
will be held September 23 at 2:00 p.m. and the speaker will be Roy Higgs of
Scottsdale, Arizona. Mr. Patrick then called on Laurel Best for a continued
report on the Library. Ms. Best stated the September artist is Ron Causey of
Smyrna and the title of the exhibit is "Portraits and Re-creations." Laurel
reported that story hour sign up will be September 13 - 24 and urged all
interested to come and register. She also stated there will be another book
September 7, 1993 meeting - continued
discussion group beginning the first Tuesday of the month. The first session
will be October 5 and the book is "A Thousand Acres" by James Smiley; the library
is also going to offer computer training on the first Saturday of each month also
beginning in October and there is a small charge for this two hour session.
Laurel indicated that as a result of the recent citizen's survey, the Library had
a 79% rate of satisfaction but there were 17% who indicated they were unaware of
the library services. Ms. Best also announced that beginning November 1 the
Library will be open on Sundays from 1:00 p.m. to 6:00 p.m.
Mr. Newcomb called on Mary Ann White for a report on the Personnel Department.
... Ms. White indicated that as a result of the survey the citizens indicated that
82% were either satisfied or more than satisfied with the courteous treatment
they received by City employees.
Mr. Scoggins reported that Vic Broyles, Public Works Director is on vacation and
that Kathie Barton is absent due to a Clean City Commission Meeting being held
tonight. In Ms. Barton's absence, Mr. Scoggins reported that 177 citizens who
responded to the recent survey included comments about our recycling efforts and
more than half of those who responded indicated they would like the City to
collect more materials for recycling.
Mr. Hawkins called on Larry Williams for a report on the Fire Department. Chief
Williams responded that as a result of the citizens survey less than 1% of the
respondents were dissatisfied with the Fire Department services.
Mr. Cramer called on Steve Ciaccio for a report on the Parks and Recreation
Department. Mr. Ciaccio reported on the results of the citizens survey as it
pertained to his department. Generally, the response was favorable with some
negative comments about the cleanliness of the rest room facilities at the parks.
The Community Center received mostly positive remarks with a small number of
requests for a non-resident policy for use of the center.
Mr. Lnenicka read two letters complimenting the Animal Control Off icer and
Officer Keller and Lt. Carlson of the Police Department. Mr. Lnenicka then
.. called on Chief Hook for a report on the Police Department. Chief Hook indicated
his department had reviewed the comments that related to his department and was
working to correct the areas of concern expressed in the survey. Chief Hook
further stated that some of the comments indicated the Police Department wrote
too many tickets in an effort to enhance revenue and help pay for the Community
Center. The Chief stated neither he nor his department had ever been instructed
to write tickets to increase revenue.
Mr. Wood called on Jim Triplett for a report on the Finance Department. Mr.
Triplett reported that as a result of the citizens survey there were several
issues of concern that affected his department. He has reviewed the comments
that pertained to his department and explained that most of the complaints were
directly associated with the cost of water and sewer, and questions about taxes.
He explained the method of computing water/sewer costs and stated that for the
last three years the City has lowered the tax millage rate, however, the taxes
are computed based on the assessment provided to the City by the Cobb County
Board of Tax Assessors.
Mayor Bacon asked Mr. Triplett about the extended hours for the Water Department
and Mr. Triplett explained the water department is open Monday through Friday
until 6:00 p.m. Mayor Bacon also asked about the possibility of citizens being
able to have their water bill paid through a draft on their checking account.
Mr. Triplett will look into this and report back at a future council meeting.
Mr. Thomson stated there was a question on the survey asking if they felt they
.. were served effectively by the City government and in response to that question,
76% were either satisfied or more than satisfied and only 2% were more than
unsatisfied.
September 7, 1993 meeting - continued
Mayor Bacon thanked all the citizens who responded to the survey and expressed
his appreciation to the Department Heads for their review of the comments and for
responding to those areas of concern tonight. He assured everyone the City will
continue to work to improve the services it provides to the citizens. Mayor
Bacon his appreciation to Jennifer Gilman who prepared the survey and tallied the
results as a project for the City.
With no further business the meeting adjourned at 9:25 p.m.
/~
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MELINDA DAMERON, CITY CLERK
A. MAX BACON, MAYOR
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~J N PATRICK, WARD 1
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RON NEWCOMB, WARD 2
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BILL SCOGGINS, WAR
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CHARLES PETE WOOD, WARD 7 ~
....,
....,