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December 16, 1991 Council Meeting December 16, 1991 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 16, 1991 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 except Jack Shinall. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Community Relations Director Kathy Barton, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Library Director Laurel Best, Communications Director Steve Ciaccio, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Public Works Administrative Assistant Brenda Barrett, Candis Joiner and representatives of the press. ... Invocation was given by Eric Matheson, Pastor of Norton Park Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Ms. Sara Hodge, a property owner at 855 Wayland Court, stated she had heard a rumor that the City was considering selling our Fire Department to the County and asked if there was any truth in that rumor. Mayor Bacon responded that this was simply a rumor and that there was absolutely no truth to the rumor. Ms. Hodge expressed her relief that the fire department would be kept by the City. Mr. Richard Day, President of the Smyrna Business Association, representing the local businesses and Jay Wallace, owner of Smyrna Pawn Shop, expressed their concern and dismay over the recent increase in the commercial sanitation fees and the drastic increase in the license fee for the pawn broker shops in Smyrna. After a lengthy discussion, Mayor Bacon indicated the increase was based on sound business judgement and was totally necessary. ... Mr. Harry Mickleboro of the Smyrna First United Methodist Church stated a committee from his church had been involved for the last five years in writing the history of the church and presented the Mayor and Council a copy of the History of the Smyrna Methodist Church for the Library. Mr. Mickelboro indicated this copy is dedicated to the memory of Ms. Maizy Whitfield Nelson, a long time resident of Smyrna and a member of their church and a former librarian to the City of Smyrna. Mr. Mickleboro stated the church is the oldest, continuous business in the City of Smyrna and they wanted the city to have a copy of this history. Mayor Bacon thanked Mr. Mickleboro for the book. Senator Hugh Ragan was present and stated he wanted to say thanks to the three outgoing council members for their work and dedication over the years of service to the City and also to wish everyone a Happy Holiday. PUBLIC HEARINGS: (A) Annexation of Property Spring Street/Spring Road Melinda Dameron indicated Mr. Feldman has requested annexation of his property located at 1725 Spring Road. The petition was validated at the November 18, 1991, meeting and all the legal ads have been made. This is in Mr. Bill Scoggins ward. Mayor Bacon stated this is a public hearing and asked if there was anyone here in opposition. There was no opposition. .. The City received a letter from the property owner, Mr. Aaron Feldman, requesting the annexation of the property located at 1725 Spring Road be tabled to a future date. Councilman Scoggins made a motion that this annexation be tabled until the January 6, 1992, council meeting. Wade Lnenicka seconded the motion which was approved 6-0. (B) Implementation of Smyrna's Comprehensive Plan Mayor Bacon recognized Michael Hughes, Cobb County Planning and Zoning Department as being here to discuss this plan. December 16, 1991, meeting - continued Melinda Dameron indicated that on September 16, 1991, the Mayor and Council adopted the Smyrna Comprehensive Plan for the years 1991 to 2001. The document presented tonight is the implementation strategy for the first five years to allow the city to systematically implement the plan according to priority items. This is in Mr. Bob Davis' committee. Councilman Bob Davis asked Michael if he would explain the strategies that are proposed in this plan. Michael Hughes explained this plan provides the general direction for the City of Smyrna from 1991 until 2001. The plan addresses six components essentially, future land use in the city, community facilities, housing, natural and historical resources and economic development. As part of the preparation of this plan, it includes an implementation strategy which we have refined. This plan is part of the Georgia Planning Act that was passed in 1989 and this is simply a method of setting priorities for implementing the plan. The Council will be updated on an annual basis as to what has been accomplished during the past calendar year. Tonight I am asking you to endorse in concept the implementation strategy proposed to you. fIII1IIfJI Mayor Bacon indicated this is a public hearing and asked if anyone would like to have any input or public comment concerning the implementation of the Smyrna Comprehensive Plan. There was none. Bob Davis thanked Michael Hughes and our staff for their work on the Comprehensive Plan and made a motion that the city adopt the strategies for the Smyrna Comprehensive Plan. Bill Scoggins seconded the motion. The motion was approved 6-0. (C) Privilege License Smyrna Roswell Road Package beer and wine sales at 777 Food Store, 1649 Mayor Bacon stated Mr. Jae Son Kim, owner, and his attorney are present for this hearing. This item has been tabled in order for the applicant to clear up a couple of alleged food stamp violations. This is in Mr. Scoggins ward. I don't think we need any more background information on this issue. Councilman Scoggins told Mr. Smith, attorney for Mr. Kim, that he personally believes this issue has dragged on for too long for both the business owner and the City. Mr. Smith apologized for his client's absence at the last meeting and indicated Mr. Kim had been involved in an accident on his way to the meeting. Councilman Scoggins stated Mr. Kim had decided not to litigate the issue of qualification and surrendered his food stamp authorization. Mr. Scoggins indicated he felt this was not the case according the results of our police department investigation. As this is a direct violation of our City Code, Section 3-53, subsection (c), and asked Mr. Camp to read this section of our Code. For the record Mr. Camp read this section of the Alcoholic Beverage Code. f/IIIII1IIJ Councilman Scoggins stated there are now eight violations against this business. Mr. Scoggins made a motion that the application for beer and wine at 777 Food Store at 1649 Smyrna Roswell Road be denied. The motion was seconded by Jim Hawkins. The motion for denial of this license was approved 6-0. Mr. Smith, attorney for Mr. Kim, indicated he would be in contact with us regarding this issue. (D) Variance Request for side yard setback - 855 Concord Road Melinda Dameron stated Mr. Rob Berry is requesting a variance for a side yard setback requirements from 33 1/3 feet to 20 feet to facilitate an addition to Concord Paint store. This will be a 2400 square foot addition for storage purposes only. This is in Mr. Hawkins ward. ..., Mayor Bacon stated this is a public hearing and asked if anyone was here in opposition to granting this variance request. There was none. Councilman Hawkins asked Mr. Berry to briefly describe what he planned to do at this location. December 16, 1991, meeting - continued Mr. Berry indicated they warehouse that will be a tenant on a long lease. be an asset to the City. would be adding a 2400 square foot, masonry part of the paint store and occupied by a national The tenant will maintain this warehouse and it will Mr. Hawkins stated it was his understanding that it is almost a prerequisite that he build this storage facility in order to obtain a tenant. Mr. Berry responded this is correct. .... , Mr. Hawkins asked if Mr. Berry would be adding on to the back of what used to be a 711 store, that is now a paint store, and that he understands Mr. Berry will not be corning any closer to Lusk Drive than the current building is. Mr. Berry responded this is correct. The side line will run right in line with the existing wall and in line with the existing rear wall. Mr. Hawkins reaffirmed that this in no way would intrude on the vision of Lusk Drive going down into the shopping center. The present building is probably 20 feet from Lusk Drive. This store has been at this location for a number of years. Councilman Lnenicka asked if this is no closer to the side than it already is, is this really a side yard setback. The side yard variance is required because the existing building is a grandfathered nonconforming use. The addition will be no closer to Lusk Drive. Mr. Hawkins made a motion that the variance request at 855 Concord Road be reduced from 33 1/3 feet to 20 feet. Motion was seconded by Wade Lnenicka. Approved 6-0. FORMAL BUSINESS: (A) Amendment to Water Supply Contract .. Melinda Dameron stated the Cobb Marietta Water Authority is requesting an amendment to the 1952 Water Supply Agreement in order to comply with the ARC regional water supply plan. The amendment will allow the Authority to institute a new rate structure in the form of a surcharge during peak usage months. This comes under the Finance and Administration Committee. Councilman Hawkins stated he has had conversations with the City Attorney on this issue and we have some problems with the vagueness of the amendment. The ARC has mandated to local governments and in our case the Marietta Cobb Water Authority that they implement a surcharge on water used in excess of the normal usage. The concept is to conserve water but the problem I have with this document is that the documents states the Water Authority can determine from time to time the peak usage months. In other words they can pick the months and the percentage of the average use in the base period. I feel the vagueness is similar to signing a blank check and object to that. I have asked our attorney to contact the Cobb Marietta Water Authority to see if we can eliminate some of the vagueness of the amendment. Councilman Hawkins made a motion that this be tabled and asked that our attorney contact the Cobb Marietta Water Authority and clear up some of the vagueness of this amendment. Wade Lnenicka seconded the motion. Approved 6-0. (B) Ordinance Amendment - Section 15-6 - Public Indecency .. Mayor Bacon stated this is an ordinance that was drafted several weeks ago and at that time we decided to delay our vote on this until the ruling that Judge Shoob gave us a little over a week ago on our nude dancing issue. The nude dancing issue was resolved and our ordinance was upheld in its entirety. I would like to commend Mr. Camp and Mr. Cochran for the job that they did on this ordinance. Mayor Bacon asked Ai Cochran to come forward to answer any questions that might come up regarding this issue. Councilman Hawkins stated he talked with our attorneys today and there still might be some questions regarding this ordinance and feels that before we act on this we should review it again for accuracy. December 16, 1991, meeting - continued Mr. Cochran indicated this is correct and stated he would like more time to look over this and make sure we do not disturb the ruling of Judge Shoob. Councilman Hawkins made until January 6, 1992. approved 6-0. a motion that this Ordinance amendment be tabled Motion was seconded by Bob Davis. Motion was (C) Modifications to Sick Leave Policy Melinda Dameron indicated that several years ago the Council modified the Employee Sick Leave Policy from 4 days a year sick leave which was allowed to accrue up to 30 days, to a 10-day a year sick leave policy with a buy back at the end of the year. It has been suggested that the plan be changed again back to an accrual method of up to 30 days and eliminate the buy back. This is in Mr. Hawkins committee. ...., Councilman Hawkins stated that when this policy was put into effect two years ago resulted in a 46% decrease in sick leave days used city-wide. Even though this item is under my name on the agenda I can not support it at this time. I do not think it is going to save us any money. I think the sick leave days will increase again and especially in police and fire where you have to bring in a person on overtime to cover for the person who is out. Councilman Hawkins moved that the unused sick leave policy remain in effect as it presently is. Wade Lnenicka seconded the motion. Mayor Bacon stated the program has not worked the way it was intended to work. I feel it is a give away program and is costing the city $100,000 a year. As far as I am concerned the program has been abused and I don't think the city can afford a $100,000 a year give away program. Councilman Hawkins stated he respected the mayor's opinion but felt that the $100,000 was always in the budget but was not shown as a line item and was not seen. All we see now is t.he payout for the sick leave program. I would like to see the program stay intact and perhaps look at it again next year. My motion stands. Wade Lnenicka stated he wanted to second Mr. Hawkins motion because I want this issue discussed in public. This represents the kinds of choices we have to make. When this policy was implemented two years ago I voted against it. We have to be careful when awarding or taking away benefit.~ with our employees. I personally think ten days of sick leave is too many. I'm not in favor of paying people for sick leave. I think sick leave days should be used only when they are out sick. OUr Department Heads need to be very strict in asking our employees to operate within the spirit and letter of this policy because any abuse makes us consider revoking any benefits altogether. This is a very ticklish issue and one of several things we need to consider when we make our decisions about budget cutbacks. I do support Jim Hawkins motion because I would like to see it considered as part of a broader package of cuts. I am not ready to do this at this time. -- Councilwoman Jordan stated that government is so different from the private sector that it has been hard for me to understand. I oppose Mr. Hawkins motion as I know of no business in the private sector that pays for unused sick leave. Councilman Scoggins commented that we have a tremendous group of good employees. I do know of abuse of this policy. I believe sick leave should be used just for sick leave. I do not think we should compensate someone for not using their sick leave. This is part of our attempt to control the budget and necessary to help the city down the road. Councilman Wood stated we are not taking sick leave away from the employee. The sick leave is still there, we are only saying we are not buying back that which is not used. If you vote against this you are saying we want the employees to have the benefit we just don't want to buy back the days that are not used. .- December 16, 1991, meeting - continued Councilman Hawkins stated again he does not feel this is a cost cutting program and will not save the city one penny because the sick leave days were there before we implemented this program you just were not aware of them. I am for cutting the budget, cutting expenses and we are going to have to do it. The proposal as I understand it is that we are going back to allowing the employees to accrue 30 days sick leave, and when the employee leaves the city they will be paid for the accrued balance only when the employee retires. If you look at the long term buyout, I still feel it will cost us money to buy back the 30 days. Councilman Wood stated he feels the accrual is intended to allow the employee protection against loss of wages in the event of a long term illness. ... Councilman Hawkins asked everyone to keep in mind one thing before they vote on this issue. At the time we instituted this policy we also instituted Short Term Disability for which we are paying $65,000. By stopping the accrual of sick leave days, the employee was not covered for the first 30 days they were off, now after being off 14 days the Short Term Disability Program begins, now if we revert to the accrual policy we are going to hold them in protection and let them accrue 30 days sick leave when their short term disability can kick in two weeks prior to that. Councilman Wood stated that you must have 14 consecutive days of illness before the Short Term Disability program kicks in. Councilman Hawkins said he wanted it clearly understood that if we go back to the 30 day accrual policy if we defeat this method and I feel this is a step backward. Mayor Bacon asked if there was any other discussion. There was none. Motion failed 2-4 with Pete Wood, Kathy Jordan, Bill Scoggins and Bob Davis opposed. The Mayor stated he would entertain another motion to approve the modifica- tion to the sick leave policy. So moved by Bill Scoggins, seconded by Kathy Jordan. Motion was approved 4-2 with Councilmen Hawkins and Lnenicka opposed. ... (D) Amendment to Building Code Melinda Dameron stated that recently Council re-adopted all the building and fire codes in order to comply with the new state statute that all cities have uniform construction codes. Within the building code it was determined that several revisions were needed to delete some outdated and repetitive material. This falls within the Community Development Committee chaired by Bob Davis. Councilman Davis stated he feels there is a verbage problem in this particular change and feels it should go back to committee for further study and moved this be tabled until a later date. Jim Hawkins seconded the motion. Mayor Bacon suggested this item be tabled until the January 20 Council meeting. Councilman Davis amended his motion that this item be tabled to the January 20, 1992, council meeting. Wade Lnenicka seconded the motion. Motion was approved 6-0. (E) Transfer of Franchise Agreement - Smyrna Cable TV ... Ms. Dameron stated that Cable Holdings of Georgia, Inc., are requesting a transfer of the franchise granted to Smyrna Cable TV pursuant to the Ordinance of 1984 to Alexcom Limited Partnership (tlAlexcomtl). This is in the Finance and Administration Committee chaired by Jim Hawkins. Councilman Hawkins asked Wendell Dean to come forward and explain this request. Wendell Dean stated they are refinancing their company and combining the Tennessee operation with the Georgia operation. Our attorneys nave discussed this with the City attorneys. December 16, 1991, meeting - continued Councilman Hawkins asked if this would affect the citizens of Smyrna in any way and was told it would not affect them at all. Mr. Cochran indicated that all the company is doing is refinancing. Mr. Hawkins stated that based on Mr. Ai Cochran's recommendation there is nothing detrimental to the City's interest or to the citizens of Smyrna, would make a motion that the transfer of the franchise agreement be approved. Bob Davis seconded the motion. Mr. Cochran then stated he felt the motion should contain the provision authorizing the Mayor to execute such an agreement. Jim Hawkins stated he would make the authorization a part of his motion, that we give the Mayor the authority to execute this agreement. Bob Davis seconded the amended motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: -- (A) Quality Tape and Label Ms. Dameron stated Quality Tape and Label is requesting a permit for a 3200 square foot addition. The estimated cost is $60,000. This is in Mr. Wood's ward. Councilman Wood stated that the staff has reviewed this permit and has found everything to be in order. Unless there is any objection I move that this permit be approve. Bill Scoggins seconded the motion. Approved 6-0. (B) Emission Inspection Station - Old Zayre Parking Lot - South Cobb Drive Ms. Dameron stated that Ken Meissner has requested a temporary permit for an emission inspection station to be located at the old Zayre's parking lot for a six month period. This is in Ms. Jordan's ward. Ms. Jordan asked Mr. Meissner if he currently operated an and he responded that they had operated one on Windy Hill not planning to reopen it. Ms. Jordan made a motion that for a temporary Emission Inspection Station be approved. seconded the motion. Motion was approved 6-0. inspection station Road but they are the building permit Wade Lnenicka BID AWARDS: ... (A) Bucket Truck for Public Works Department In Mr. Shinall's absence Kathy Jordan stated we had received two bids at our last council meeting. Ms. Jordan made a motion that the bid be awarded to Smyrna Truck and Body, the low bid, for $55,858. Jim Hawkins seconded the motion. Approved 5-0 with Bill Scoggins abstaining. CONSENT AGENDA: (A) Approval of December 2, 1991, Minutes Mr. Davis requested that item B be voted on first as he was absent at the last council meeting. (B) Accept Right of Way - Vineyard Way Mr. Wood made a motion that Item 7(B) of the consent agenda be approved. Motion was seconded by Kathy Jordan. Motion was approved 6-0. Mr. Lnenicka made a motion that the minutes of the December 2, 1991, minutes be approved. Pete Wood seconded the motion. Motion was approved 5-0 with Mr. Davis abstaining. COUNCIL INPUT: ... Mr. Lnenicka stated he had a report from the Library indicating that the City had issued a total of nine individual and four family non-city resident library cards and the interesting thing is to date totals $1400 in non-budgeted revenues has been received by allowing non-city residents to purchase library cards to use our library. He also wished the outgoing council members the best in their future endeavors. Mr. Lnenicka wished all the employees and citizens of Smyrna a happy holiday season. December 16, 1991, meeting - continued Mr. Scoggins also wished the outgoing council members the best of luck in the future. Mr. Scoggins asked Kathie Barton for a report for the Community Relations Department. Ms. Barton reminded everyone of the chipping date of January 4, 1992. Mr. Scoggins thanked the Parks and Recreation Department for the excellent Christmas programs hosted this past week and complimented all the staff of the Parks Department. ... Mr. Hawkins said he wanted to clarify a confusing issue on South Cobb Drive. If you are travelling south on South Cobb Drive the speed limit is 45 mph and travelling north on South Cobb Drive the speed limit is 55 mph. The state of Georgia has reduced the speed limit from 1-285 north to Pat Mell Road, from 55 mph to 45 mph. The state will be replacing all the 55 mph speed limit signs and just haven't replaced them yet. Ms. Jordan reminded everyone to attend the open house celebration at our new fire station and police precinct tomorrow from 11:30 a.m. - 1:30 p.m. The Public Works Department had nothing to report. Chief Williams reminded everyone to exercise caution during the holiday season in reference to fire hazards. Ms. Jordan wished everyone Happy Holidays. Mr. Wood wished the outgoing council members good luck in the future. He expressed his thanks to the other members of council for their support during his short term of office. He also mentioned to both Richard Day, SBA, and Jay Wallace, Smyrna Pawn Brokers, that it was the intent of this Council to work with the local businesses in Smyrna. Mayor Bacon said he wanted to congratulate Nathan Mize, the son of Harold and Becky Mize. Nathan attended Wills High School and graduated yesterday from Georgia State with honors with a degree in Political Science. The reason I'm mentioning this is because Nathan is going to be my son-in-law as he will be marrying Ashley in June. With no further business, this meeting adjourned at 9:13 p.m. ... A. MAX BACON, MAYOR !J{,kz,I(}- 1tfJ4u~ ;:G~:~~ WADE S. LNtNICKA, ARD 2 ~J//~ i~ ~J& ~ r/'" {},6 BOB DAVIS, WARD 1 ~t?L. ~ JAMES M. HAWKINS, WARD 4 ! JACK SHINALL, WARD 5 ~~~ ....