01-05-2009 January 5, 2009
January 5, 2009
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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 were City Administrator Wayne Wright, City Clerk
Susan Hiott, City Attorney Scott Cochran, and representatives of the press.
Invocation was given by Pastor Alan Scott from Cumberland Community Church, followed by
the pledge to the flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
Mayor Bacon recognized Mr. Bob Ott, and Mr. Ott provided details to those present concerning
steps he is taking to serve his constituents in his capacity as a member of the Cobb County Board
of Commissioners.
LAND ISSUES/ZONINGS/ ANNEXA TIONS:
There were none.
PRIVILEGE LICENSE:
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There were none.
FORMAL BUSINESS:
(A) Appointment of Ward 6 representative to the Downtown Development Task Force
MOTION: Council Member Lnenicka made a motion to approve appointment of Mr. Byron
Powell as Ward 6 representative to the Downtown Development Task Force. The motion was
seconded by Council Member Wood. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of December 15,2008 minutes
(B) Approval of use of Council Chambers on Thursday, January 15,2009 from 6:00-9:00 PM
for a Ward 6 Meeting (The Heritage at Vinings HOA)
MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The
motion was seconded by Council Member Smith. Motion was approved 7 - O.
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January 5, 2009
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COMMITTEE REPORTS:
Council Member Pritchett wished everyone a Happy New Year.
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Council Member Newcomb wished everyone a Happy New Year.
Council Member Anulewicz wished everyone a Happy New Year.
Council Member McNabb yielded the floor with no report.
Council Member Smith expressed condolences to the family ofMr. Cliff Yeager, Sr., who
recently passed away.
Council Member Lnenicka expressed condolences to the family of Mr. Raymond Cash, who
recently passed away. Council Member Lnenicka announced the new Smyrna American Legion
Post 160 recently opened, and thanked Atkins Park, Zucca's, Cafe Michel, King Springs Chinese
Restaurant, Fortunado Pizzeria, Honey Baked Ham, Atlanta Bread Company, Atlanta Ribs and
Chik-fil-a for contributing refreshments for the New Year's Eve opening of this new facility.
Council Member Wood expressed condolences to the family of former council member Homer
Kuhl, who recently passed away. Council Member Wood stated he is hopeful about prospects for
the new year.
Mr. Wright reminded everyone that the hours of operation for City Hall have changed.
CITIZENS INPUT:
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Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
expressed concerns about a curve in the road near his residence which he believes has limited
visibility. Mr. Backry stated he believes a vehicle parked near this curve is at risk for being
struck by an oncoming vehicle. Mr. Backry stated he believes it is the job of a police officer to
investigate citizen complaints regardless of the hour. Mr. Backry stated a warning or ticket can
be left on an offending vehicle. Mr. Backry expressed the view that a complaint of a barking dog
is not trivial to a person who is being disturbed by the noise. Mr. Backry requested a copy or
printout detailing the times and dates he has called the City police department.
Mayor Bacon recognized Mr. David Young, residing at 2536 Oakwood Way, and Mr. Young
commended the City police department for their traffic enforcement efforts, often in inclement
weather conditions, in the school zone along Atlanta Road.
Council Member Lnenicka stated Mr. Backry's statement to the effect that no parking signs have
been in place along Shawnee Trail for 28 years is factually false. Council Member Lnenicka
stated the signs were installed during his first term in office as a result of a petition from a
majority of the residents. Council Member Lnenicka stated the situation Mr. Backry references
pertains to a car parked on the street in the small hours of the morning. Council Member
Lnenicka stated a City police officer responded to Mr. Backry's call at that time and determined
that the subject vehicle posed no safety problem requiring immediate action. Council Member
Lnenicka stated Mr. Backry called about the same vehicle after the officer departed, and the
officer once again responded with identical results. Council Member Lnenicka stated a
supervisory officer then responded pursuant to another call from Mr. Backry with identical
results. Council Member Lnenicka stated the shift commander then responded pursuant to
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January 5, 2009
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another call from Mr. Backry resulting in the needless waste of considerable police resources.
Council Member Lnenicka stated it is unlikely that Mr. Backry was awake all night listening to
the sound of a parked car. Council Member Lnenicka stated he supports the action taken by the
officers in this case, and that the police chief has looked into this matter and found the officers
acted appropriately. Council Member Lnenicka stated a request was made to awaken the owner
of the vehicle to move it, but the officers found such action unwarranted. Council Member
Lnenicka stated the City police are not here for the purpose of harassing citizens.
...
Council Member Lnenicka thanked Mr. Young for his complimentary comments about City
traffic enforcement efforts in the vicinity of Campbell Middle School.
ADJOURNMENT:
With no further business, the meeting was adjourned at 7:52 p.m.
A. MAX BACON, MAYOR
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CHARLES PETE WOOD, WARD 7
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SUSAN D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
MICHAEL McNABB, WARD 4
WADE S. LNENICKA, WARD 6
Whereas:
Whereas:
Whereas:
Therefore:
Resolution No. R2009 - 1
A Resolution by the Mayor and Council of the City of Smyrna, Georgia,
authorizing the Chief of Police and Chief of Fire to administer oath of office
to officers in their departments.
The Mayor and Council of Smyrna authorizes in this Resolution that oaths
required by O.C.G.A. 45-3-1 may be administered by the Chiefs of Police and
Fire to officers of the Smyrna fire and police departments.
Pursuant to O.c.G.A. 45-3-1 the Chiefs of Police and Fire are authorized to
administer the oath of office to all officers in their respective Departments and to
file the written memorandum of the same, signed and dated by the officer taking
the oath and the Chief, in the records of the respective Departments. In their
absence, the Deputy Chief of Police or the Assistant Fire Chief has authority to
administer the oath of office. If all the above noted personnel are absent, the
ranking officer designated as being in charge of the department has authority to
administer the oath of office.
Mayor and Council further ratify and approve all oaths of all officers of the
Smyrna Fire and Police Departments already administered by their Chiefs and
their designees.
Be it resolved that the Mayor and City Council of the City of Smyrna does hereby
authorize the Chief of Police and Chief of Fire to administer oath of office
to officers in their departments.
IN WITNESS THEREOF, this Resolution has been duly adopted by the
governing authority of the C" of Smyrna, Georgia on the 20th day of
January 2009.
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ATTEST~ D . 'f/;ffi)
Susan D. Hiott, City Clerk