07-20-2009 July 20, 2009July 20, 2009
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, Deputy
City Clerk Lee Miller, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library
Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development
Director Ken Suddreth, Assistant Police Chief Michael Brown, Community Relations Director
Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Finance
Director David Boyd, Human Resources Director Kay Bruner, Management Fellow Jered Sigmon
and representatives of the press.
Invocation was given by Pastor Alan Scott of Cumberland Community Church, followed by the
pledge to the flag.
AGENDA CHANGES:
*MOTION: Council Member Lnenicka made a motion to suspend the rules to add an item to the
consent agenda. The motion was seconded by Council Member Wood. Motion to suspend the
rules was approved 7 - 0.
*MOTION: Council Member Lnenicka made a motion to add item 8 F, Authorization for Mayor
to execute an intergovernmental agreement between the City of Marietta, Georgia and the City of
Smyrna, Georgia for the housing of prison inmates, to the consent agenda. Motion was approved
7-0.
MAYOR' S REPORT:
(A) Recognition of Kehl Arnson (Outgoing CHS Principal) and Grant Rivera (Incoming CHS
Principal)
Mayor Bacon recognized Superintendent Dale Gaddis, and Mr. Gaddis commended Mr. Arnson
for his exemplary service in his capacity as principal of Campbell High School (CHS). Mayor
Bacon thanked Mr. Arnson for the many positive changes which have come about at CHS during
hiss tenure. Mr. Arnson stated he has enjoyed his time at CHS, and thanked the present
officials for their support. Mr. Gaddis introduced Dr. Rivera to those present, and Dr. Rivera
stated that, with the support of the community, he hopes to continue the standard of excellence
which has been established at CHS.
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
(A) Public Hearing -privilege license request-retail pouring of beer, wine, and liquor- Dew's -
2300 South Cobb Drive -Christopher Weldon applicant
Mayor Bacon asked if there is anyone present in connection with this matter, and there was no
response.
July 20, 2009
2
MOTION: Council Member Smith made a motion to table privilege license request for retail
pouring of beer, wine, and liquor for Dew's at 2300 South Cobb Drive for Christopher Weldon,
applicant to the August 17, 2009 meeting. The motion was seconded by Council Member Wood.
Motion to table was approved 7 - 0.
FORMAL BUSINESS:
(A) Amendment to Sections 80-6 and 86-31.1 of the City's Code -Trash Containers on
Streetside
Mr. Wright stated the proposed revision would allow for better enforcement of regulations
specifying the timetable for removal of trash receptacles from the street sides in the City.
Mr. Suddreth provided additional information concerning this ordinance revision.
MOTION: Council Member Newcomb made a motion to approve amendment to Sections 80-6
and 86-31.1 of the City's Code regulating trash containers on Streetside. The motion was
seconded by Council Member Pritchett. Council Member McNabb stated the proposed revision
is designed to induce compliance among habitual violators of the City ordinance rather than those
persons who occasionally arrive home too late from vacation or business trips to remove their
receptacle from the side of the street in a timely fashion. Council Member Newcomb stated it is
customary for the City to warn violators before more stringent action is taken. Motion was
approved 7 - 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of July 6, 2009 minutes
(B) Approval of acquisition of property located at 3454 Lake Drive with Parks Bond funds
(C) Approval of use of council chambers for a meeting of the Smyrna Market Village HOA
on Tuesday, July 21, 2009 at 8:00 pm
(D) Change Order -Sports Turf Company Contract at Jonquil Park Redevelopment
(E) Deductive Change Order -Return of (Partial) Contractor Retainage for Taylor-Brawner
Park Project
(F) Authorization for Mayor to execute an intergovernmental agreement between the City of
Marietta, Georgia and the City of Smyrna, Georgia for the housing of prison inmates
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Smith. Motion was approved 7 - 0.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Miller, who provided details to those present
July 20, 2009
concerning recent court services operations.
Council Member Pritchett commented favorably about the City's fresh produce market.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics.
Council Member Anulewicz recognized Ms. Bruner, who had no report.
Council Member Anulewicz encouraged everyone to attend the City's upcoming Birthday
celebration.
Council Member McNabb recognized Ms. Kirk, who provided details to those present concerning
the fresh produce market in the downtown area. Ms. Kirk provided details to those present
concerning new fees for dry waste disposal at the Recycling Center which will go into effect on
August 17, 2009.
Council Member McNabb recognized Mr. Stokes, who had no report.
Council Member Smith recognized Ms. Bennett, who provided additional information to those
present concerning the City's upcoming Birthday Celebration.
Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present
concerning the City's recreation programs and parks projects.
Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present
concerning use statistics for the City Library and upcoming programs.
Council Member Lnenicka stated Assistant Chief Brown has no report this evening.
Council Member Lnenicka recognized Chief Lanyon, who reported on fire department staffing.
Chief Lanyon thanked Mr. Wright for his leadership and support.
Council Member Lnenicka expressed condolences to the family of Mr. James Grant, who recently
passed away.
Council Member Lnenicka expressed appreciation to Mr. Wright for his service to the City,
which he described as exemplary in every way.
Council Member Wood recognized Mr. Boyd, who provided details to those present concerning
the process by which the City's budget was balanced during difficult economic conditions. Mr.
Boyd stated the reason the City's budget will end in positive territory this year is due in large
measure to the efforts of the staff. Mr. Boyd commended Mr. Wright for his leadership in the
budget process and other aspects of operating the City government.
Council Member Wood commented favorably about Mr. Wright's professionalism and diligence.
Mr. Wright stated he is grateful for the privilege of working with the Smyrna city council and
staff. Mr. Wright stated he is proud of his association with this municipal government, and that
he will continue to make Smyrna his home.
July 20, 2009 4
Mr. Cochran stated it has been a great pleasure to work with Mr. Wright, and commented
favorably about his many favorable attributes.
Mr. Miller commended Mr. Wright for his service to the City, and wished him the best of luck in
his new position.
Council Member Newcomb stated he has enjoyed working with Mr. Wright and that he will be
missed.
Council Member McNabb commended Mr. Wright for his ability to recognize the reality of the
difficulties the City has faced. Council Member McNabb stated it has been an honor to be
associated with Mr. Wright.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
provided details to those present concerning high grass and weeds on properties under
development, elimination of one of the city's staff positions, and citizen participation at meetings.
Mayor Bacon recognized Ms. Donna Woodham, residing at 2616 Hughes Street, and Ms.
Woodham expressed views concerning preservation of trees and controlling grading on the
Belmont Hills property.
Council Member Newcomb stated the community development staff are cognizant of the
numerous foreclosures in the City and are taking appropriate code enforcement action where
necessary.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:28 p.m.
July 20, 2009
~•
A. MAX BACON, MAYOR SUS N D. HIOTT, CITY CLERK
~~ ~
RON NEWCOMB, WARD 2
• e
MIC EL McNABB, WA 4
WADE S. LNENICKA, WARD 6
RI ANULEWIC ARD 3
~~~P~~~
CHARLES PETE WOOD, WARD 7
ORDINANCE No. 2009-8
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 80, PROPERTY
MAINTENANCE, SECTION 80-6, TIME LIMIT FOR CONTAINERS AT
STREETSIDE, AND CHAPTER 86, SOLID WASTE, SECTION 86-31.1,
TIME LIMIT FOR CONTAINERS AT STREETSIDE, BE AMENDED BY
DELETION OF THE FIRST AND THIRD CLAUSES OF EACH SECTION
AND OTHER REVISIONS TO HELP IMPROVE ENFORCEMENT
EFFORTS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF SMYRNA, GEORGIA:
That Section 80-6 and Section 86-31.1, City of Smyrna, Georgia, be
amended to read as follows:
Sec. 80-6. Time limit for containers at streetside.
(a) A garbage can, bag, box or other such container shall not be placed or allowed at
streetside prior to 6:00 p.m. on the evening prior to the scheduled day of collection; nor
shall said container remain placed or allowed at streetside longer than 9:00 p.m. on the
day of collection.
(Ord. No. 94-08, 5-16-94; Ord. No. 2001-16, 11-19-01)
Sec. 86-31.1. Time limit for containers at streetside.
(a) A garbage can, bag, box or other such container shall not be placed or allowed at
streetside prior to 6:00 p.m. on the evening prior to the scheduled day of collection; nor
shall said container remain placed or allowed at streetside longer than 9:00 p.m. on the
day of collection.
(Ord. No. 94-08, 5-16-94)
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 20th day of July, 2009.
ORDINANCE No. 2009-8
A. Max Bacon, ayor
Attest:
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
i
cott A. Cochran, City Attorney