March 1, 1993 Council Meeting
March 1, 1993
The regular scheduled meeting of Mayor and Council was held March
1, 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, Assistant Public Works Director Larry Dunn, Community
Relations Director Kathy Barton, Library Director Laurel Best,
Athletic Coordinator Michael Justus, Police Chief Stanley Hook, Ci ty
Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel
Director Mary Ann White, Finance Director Jim Triplett,
Communications Director Steve Ciaccio and representatives of the
... press.
Invocation was given by Councilman Jim Hawkins followed by the
pledge to the flag.
CITIZENS INPUT: Michael Justus recognized Angela Pryor, Emily and
Ashley LaBudde, Coaches Ray Pryor and Bruce LaBudde, members of the
Smyrna Youth Track program for their accomplishments and presented
trophies to each of them.
PUBLIC HEARINGS:
(A) Business license - Action Cab, 25 Osborne Road
Bob Thomson stated that Philip J. Hebert is requesting a license to
operate Action Cab in the City with vehicles dispatched from their
office at 25 Osborne Road in Marietta. Mr. Hebert meets the
requirements of the ordinance and the police investigation was
favorable. There was no opposition.
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Councilman Pete Wood said Mr. Hebert's application indicated the
business was a corporation but did not have the names of the
officers listed. Mr. Hebert said they are in the process of being
incorporated and he would be the President. When the other officers
are named they will also be submitted to the licensing department.
Councilman Wood asked Mr. Hebert if he was aware that all operators
must be permitted. Mr. Hebert replied that he was, and was familiar
with all other requirements of the code. Mr. Hebert said that he
would not operate a taxi himself; he would remain in the roofing
business that he has owned and operated since 1978.
Councilman Bill Scoggins asked if the taxis would be parked in the
area between calls. Mr. Hebert said they did not operate that way,
their vehicles will be dispatched from their office.
Councilman Jim Hawkins told Mr. Hebert that this is a privilege
license and all employees are subject to a police background
investigation. Additionally, any statements made in the application
that are false or misleading will be grounds for revocation.
After further discussion Pete Wood made a motion the license be
approved. Bill Scoggins seconded the motion which carried 7-0.
(B) Variance request - Foodmax - exceed square footage for free
standing business sign
Bob Thomson stated that FoodMax Super Market is requesting a
variance to increase the size of their existing sign of 120 square
feet. The variance would provide for an additional 80 square feet
.. of copy area needed for new businesses. There was no opposition.
Diane O'Connor represented Konover South on behalf of FoodMax and
stated that FoodMax is renovating the remainder of the shopping
center and they need additional signage for 10 new tenants.
Signage is essential because the Chinese restaurant and old theater
partially block the view of the stores from the street.
After further discussion Councilman Jack Cramer made a motion the
variance be approved with a stipulation that portable signs not be
March 1, 1993 meetinq - continued
allowed. Pete Wood seconded the motion which carried 7-0.
(C) Variance request - reduce rear yard setback - Cobb Center Pawn
& Jewelry, 2175 Old Concord Road
Bob Thomson stated that Wallace Coopwood is requesting a variance
to reduce the side yard from 26.66 to 20 feet, another side yard
from 10 to 5 feet and the rear yard from 30 to 6 feet for an
accessory structure at 2175 Old Concord Road. There was no
opposition.
Mr. Coopwood said the building would be constructed at the back of
the pawn shop and used to clean up vehicles for resale, with no
major mechanical work, painting, oil changes, etc. being done.
Letters have been received by all affected property owners stating
they have no objections. Mr. Coopwood said they will be closing at
a reasonable hour, probably 5:00 or 6:00 in the afternoon and had
also agreed to placing a 6 foot wooden fence along the back
property line to eliminate the visual impact to the homes behind
them.
......
Councilman Jack Cramer made a motion the variance be approved as
requested with a stipulation that a 6 foot wooden fence on the rear
property line be erected and that no mechanical work be conducted
at the location. Jim Hawkins seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Ratify decisions of Buildings Hearing Officer from January 1,
1992 forward
Bob Thomson stated that Alton Curtis's term as Buildings Hearing
Officer had expired and council action was taken on homes at 1119
Medlin Street, 2677 Knoll Road and 915 Woodland Trail subsequent to
that.
Councilman Ron Newcomb made a motion that council ratify those
decisions made by the Hearing Officer and Council as reflected in
the minutes of the October 5, 1992 meeting. Bill Scoggins seconded
the motion which carried 7-0.
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(B) Appoint Buildings Hearing Officer
Councilman Ron Newcomb stated that Article 4 of the Health and
Sanitation ordinance provides for the establishment of a Hearing
Officer to serve at the pleasure of Mayor and Council. Alton
Curtis was appointed in September, 1991, and Councilman Newcomb
made a motion that Alton Curtis be re-appointed to serve the term
concurrent with the existing administration which will expire
December 31,1995. Jim Hawkins seconded the motion. Councilman Wade
Lnenicka said he would not support the motion and while he agreed
that Mr. Curtis has done a good job was a little concerned that the
City was paying him to serve in this capacity while at the same
time he may be advising clients in other actions against the City.
Vote on the motion carried 6-1 with Wade Lnenicka opposed.
(C) Appoint Smyrna Housing Authority representatives, Wards 1 & 2
Councilman John Patrick made a motion that Charlene Capilouto be
appointed to the Housing Authority representing Ward 1. Councilman
Wade Lnenicka seconded the motion which carried 7-0.
......
Councilman Ron Newcomb made a motion that Ray Tubach be appointed
to the Housing Authority representing Ward 2. Councilman Wade
Lnenicka seconded the motion which carried 7-0.
(D) Bid opening - chipper for Public Works Department
Bids were opened, read and recorded as follows:
March 1, 1993 meetinq - continued
Southeastern Equipment
$15,736 Model 200
$16,200 Model 250
$16,701 Model 200
$16,999 Model 250
$18,490 Model 1250
$19,125 Model 1250
Vermeer Sales
Vermeer Sales
1320 Gresham Road
.. Councilman Bill Scoggins made a motion the bids be turned over to
the committee for their recommendation back to full council.
Councilman Pete Wood seconded the motion which carried 7-0.
Councilman Jack Cramer made a motion the rules be suspended to
approve the purchase of a van for the Parks Department. Jim Hawkins
seconded the motion which carried 7-0.
Councilman Cramer said that sealed bids were opened February 26th
on a para-transit bus to be funded through the CDBG program. The
recommendation is that the bid be awarded to Shields Southeastern
Sales at $50,696, the low bid meeting specifications. The van will
transport 22 persons and had a hydraulic lift for the handicapped.
Councilman Cramer made a motion the bid be awarded to Shields
Southeastern Sales. Councilman Bill Scoggins seconded the motion
which carried 6-0, with Wade Lnenicka abstaining due to the lack of
time to review the bids and specifications at the meeting.
COMMERCIAL BUILDING PERMITS: Nothing to report.
BID AWARDS: Nothing to report.
CONSENT AGENDA:
..
(A) Approval of February 15, 1993 minutes
(B) Approval of CDBG subrecipient agreement
(C) Approval to request bids for protective vests Police
Department
(D) Approval to use council chambers - March 16, 1993 from 7:00 to
10:00 p.m.
(E) Approval to transfer CDBG funds from Rose Garden improvements
to handicapped ramps at City-owned buildings
(F) Request for sealed bids for sale of 1971 and 1975 fire trucks
(G) Approval to authorize Smyrna Housing Authority to advertise
for TEFRA hearing
Councilman Jim Hawkins made a motion the consent agenda be
approved. Bill Scoggins seconded the motion which carried 7-0.
COMMITTEE REPORTS: Councilman Pete Wood called on Finance Director
Jim Triplett for a report. Mr. Triplett provided an' update on the
Water and Sewer revenue fund and stated that budget packets would
be distributed this Thursday to department heads.
...
Councilman Wade Lnenicka called on Steve Ciaccio for a report.
Mr.Ciaccio reported on recent storm damage and stated the city has
pamphlets available to inform the public regarding the warning
signals and their functions during inclement weather. Mr.Ciaccio
also urged that citizens not call 911 when the signals are sounded,
but instead they should tune in to a local television or radio
station for further information.
Councilman Lnenicka said tonight the council approved the bid
request for protective vests for our police officers. These vests
are expensive and must be replaced every 5 years. A new material
is now available and while the cost is over $500 the warranty is
twice as long and they also provide added protection to the wearer.
March 1, 1993 meetinq - continued
Councilman Lnenicka recognized several officers in our police
department who have received letters of commendation from citizens
and also read a letter from the U.S. Justice Department praising
our detective division for the assistance they provided them in
solving a case recently.
Councilman Lnenicka said he has also received complaints about dogs
running loose in his ward and the Ashwood Drive area and would ask
the animal control officer to spend more time patrolling that area.
Councilman Jack Cramer made a motion the rules be suspended to
consider a request for proposals for fireworks for the 4th of July.
Jim Hawkins seconded the motion which carried 7-0.
.....
Councilman Cramer made a motion that council authorize the City to
request proposals for the fireworks display for the 4th of July
activities. Bill Scoggins seconded the motion which carried 7-0.
Councilman Cramer called on Michael Justus for a report from the
Parks Department. Beginning next week, fees will be charged for
open gym time for non-residents and if problems continue, we may
need to discontinue the open gym policy completely. Mr. Justus said
he had also met with Georgia Power to discuss the outdoor lighting
needs around the Community Center and Library and would probably
budget those improvements in 1994.
Councilman Cramer said his next neighborhood meeting will be March
30 at 7:00 p.m. and it will also be televised.
Councilman Jim Hawkins called on Chief Larry Williams for a report
from the Fire Department. Chief Williams recognized the members of
his department who responded to the construction cave-in on
February 8th and rescued the person who was partially buried.
Certificates of recognition were presented to each.
Councilman Bill Scoggins called on Larry Dunn for a report from
Public Works. Mr. Dunn said the light on Atlanta Road at Pat Mell
is up and would be operational this Friday.
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Councilman Scoggins also called on Kathy Barton for a report from
Community Relations. Mrs. Barton said "Earth Day" is April 22 and
on that day, a "Wa'ste in the Workplace" workshop is being conducted
at the Community Center.
Councilman Ron Newcomb called on Ken Hildebrandt for a report from
Community Development. Mr. Hildebrandt said that since the tree
protection ordinance was adopted, three sets of plans were
submitted that were reviewed and made to comply.
Councilman Newcomb outlined the procedure that has been used when
complaints are received from a citizen regarding junk cars and
overgrown yards which usually takes 4 to 6 months before a court
date is set. The committee has been working on streamlining those
procedures and now have that time down to 6 weeks. Councilman
Newcomb said he thought the resident would see a marked difference
in the time frame from their date of original complaint until the
case is tried.
Councilman Newcomb called on Mary Ann White for a report from
Personnel. Mrs. White reported on job openings in the City and also
presented.a plaque and gift to Michael Justus for Linda Green, as
Employee of the Month.
.....
Councilman John Patrick called on Laurel Best for a report form the
Library. Ms. Best welcomed the new Childrens Librarian, Tonda
Morris.
Mayor Bacon congratulated .the Campbell High School Basketball team
for their winning season which will take them to the State
tournament.
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