10-19-2009 October 19, 2009October 19, 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 Eric Taylor, City Clerk
Susan Hiott, City Attorney Scott Cochran, Assistant Public Works Director Frank Martin, Library
Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development
Director Ken Suddreth, Police Chief Stan Hook, Community Relations Director Jennifer Bennett,
Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Budget Analyst Monica
Jones, Human Resources Director Kay Bruner, Management Fellow Jered Sigmon and
representatives of the press.
Invocation was given by Pastor Barbara Hatchell from Smyrna First United Methodist Church,
followed by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated the approval of reappointment of a civil service board member will be
removed from the agenda as no action by the city council is needed in this matter.
Mayor Bacon recognized Cobb County Commissioner Bob Ott, who provided details concerning
measures being taken to ameliorate the impact of recent floods. Mr. Ott read a proclamation by
the CCBOC to those present concerning men's health awareness.
MAYOR' S REPORT:
(A) Recognition of Campbell High School achieving Adequate Yearly Progress (AYP)
Mayor Bacon recognized Principal Magee and Ms. Robinson from Campbell High School (CHS),
and Principal Magee thanked the present officials for their support. Principal Magee stated CHS
has met AYP requirements for two consecutive years and is no longer on a list of schools
identified as needing improvement. Council Member Lnenicka congratulated Principal Magee
and Ms. Robinson on the school's accomplishments.
(B) Recognition of U.S. l OK Classic
Mayor Bacon recognized Mr. Don Whitney, who expressed appreciation to the present officials
for the cooperation they continue to provide every year to help make the U.S. l OK Classic
possible. Mr. Whitney provided details to those present concerning the U.S. l OK Classic and the
benevolent activities funded by the event proceeds. Mr. Whitney thanked the present officials for
their leadership.
(C) Proclamation in Recognition of Respect for Firefighters
Mayor Bacon recognized Ms. Betty Pollard from the Smyrna Optimist Club, and Council
Member Lnenicka read a Proclamation in Recognition of Respect for Firefrghters to the
assembly. Ms. Pollard thanked the present officials for the Proclamation and thanked the
members of the City fire department for their service to the community. Chief Lanyon thanked
the associates of the Smyrna Optimist Club for their recognition of the City's firefighters.
October 19, 2009
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Public Hearing -Approval of a text amendment to the Alcoholic Beverage Ordinance
with regards to minimum distances between a commercial establishment which serves
alcoholic beverages and certain uses -City of Smyrna
Mr. Taylor stated review of the Alcoholic Beverage Ordinance by staff revealed a need to
revise parts of the regulations relating to distance requirements. Mr. Taylor stated staff
recommends approval of the proposed revisions.
Mr. Suddreth provided additional information regarding the proposed revision.
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MOTION: Council Member Newcomb made a motion to approve a text amendment to Sections
6 - 2 and 6 - 118 of the Alcoholic Beverage Ordinance with regards to minimum distances
between a commercial establishment which serves alcoholic beverages and certain uses. The
motion was seconded by Council Member Pritchett. Motion was approved 7 - 0.
(B) Approval of reappointment of Civil Service Board Member
Mayor Bacon stated this item has been withdrawn.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of October 5, 2009 minutes
(B) Approval to use Council Chambers on October 27, 2009 from 7:00 - 9:00 pm for a
Williams Park Neighbors HOA Meeting
(C) Approval for Run Thru the Forest SK on Saturday, February 27, 2010
(D) Approval of agreement to provide a city tree inventory, private tree survey, tree
maintenance workshop, and city-wide tree canopy study with Technical Forestry
Services, partially funded by 2009 Urban and Community Forestry Services Grant
Program, and authorize the Mayor to execute agreement
MOTION: Council Member Smith made a motion to approve the consent agenda. The motion
was seconded by Council Member McNabb. Motion was approved 7 - 0.
October 19.2009
COMMITTEE REPORTS:
Council Member Pritchett recognized Ms. Hiott, who provided details to those present
concerning recent court services operations.
Council Member Pritchett stated the planned installation of power poles on Spring Road has been
delayed.
Council Member Newcomb commented favorably about John Davis' many years of dedicated
work on the civil service board.
Council Member Anulewicz thanked Messrs. Seigler and Ciaccio for their assistance with a
recent ceremony in Rose Garden Park commemorating the 100`" anniversary of the NAACP. Ms.
Anulewicz stated there is a special bibliography in the City library pertaining to African-
American history, authors and other related subjects. Council Member Anulewicz reminded
everyone that the Jonquil Festival will be held this weekend.
Council Member McNabb recognized Mr. Martin, who provided information concerning current
infrastructure maintenance in the City.
Council Member McNabb recognized Ms. Kirk, who provided details to those present regarding
the recent shredder event in Smyrna, and thanked the associates of Georgia Document
Destruction for their assistance with this activity. Ms. Kirk provided details to those present
concerning beautification projects carried out in the City and various area schools by the IBM
volunteers. Ms. Kirk stated the IBM volunteers also donated $1,000 to the City to be used for
educational purposes. Ms. Kirk provided details regarding the recent Adopt-a-Mile and volunteer
clean-up at Brawner Hall. Council Member McNabb commented favorably about the
contributions made to the community by IBM and its employees. Council Member McNabb
thanked Commissioner Ott for coming to this meeting for a report on the damage caused by
recent flooding and related remediation.
Council Member Smith recognized Ms. Bennett, who provided details concerning the upcoming
Smyrna Fall Festival and information on the City website.
Council Member Smith recognized Mr. Seigler, who thanked everyone who assisted with the
Rose Garden Park ceremony. Mr. Seigler provided details to those present concerning upcoming
programs, the Smyrna Friends of the Library and use statistics.
Council Member Smith recognized Mr. Ciaccio, who provided information regarding an award
the City parks and recreation department recently won. Mr. Ciaccio provided details to those
present concerning parks and recreation department projects and activities. Mr. Ciaccio
commended his staff for their efforts to restore City park property damaged by recent flooding.
Council Member Lnenicka stated Chief Hook has no report.
Council Member Lnenicka recognized Chief Lanyon, who provided details to those present
concerning the Shop with a Hero program and related fundraising activities.
Council Member Lnenicka provided details to those present concerning his constituent
newsletter.
October 19, 2009
Council Member Wood recognized Ms. Jones, who had no report.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:23 p.m.
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A. MAX BACON, MAYOR SUSAN . HIOTT, CITY CLERK
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ENY P T HETT, WARD 1 RON NEWCOMB, WARD 2
RI ANULEWICZ , ARD 3
MICR EL McNABB, WA 4
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WADE S. LNENICKA, WARD 6
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CHARLES PETE WOOD, WARD 7
ORDINANCE No. 2009 - 14
*~ AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC
BEVERAGES, SEC. 6-2, DEFINITIONS, AND SEC. 6-118, DISTANCE
FROM CERTAIN LOCATIONS, CITY OF SMYRNA, GEORGIA, BE
AMENDED TO DEFINE PRIMARY CUSTOMER ENTRANCE AS IT
RELATES TO DISTANCE REQUIREMENTS. BE IT ORDAINED BY
THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Sections 6-2 and 6-118, City of Smyrna, Georgia, be amended to
read as follows:
Section 6-2 Definitions.
Primary customer entrance means the designated primary point of ingress and egress for
customers of the commercial establishment.
Section 6-118. Distance from certain locations.
(b) A suitable distance shall be as follows:
(2) For a license for pouring distilled spirits, a suitable distance is 600 feet from a
school, and 200 feet from a church, park, public building, library or residence; provided,
"'~ however, in no event shall the primary customer entrance of the proposed
premises be located closer than 75 feet from the property line of the school, church,
park, public building, library, or residence.
(4) For a license for pouring wine and malt beverages, a suitable distance is 600
feet from a school, and 200 feet from a church, park, public building, library or
residence; provided, however, in no event shall the primary customer
entrance of the proposed premises be located closer than 75 feet from the property line
of the school, church, park, public building, library, or residence.
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.
ORDINANCE No. 2009-14
Approved by Mayor and Council this 19th day of October, 2009.
A. Max Bacon, Mayor
Attest:
Sus D. Hiott, City Clerk
City of Smyrna
Approved as to form:
Scott A. Cochran, City Attorney
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AFFIDAVIT
Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Eric J. Taylor, who after being duly sworn, deposes and on oath states
the following:
(1) I was the presiding officer of a meeting of the License and Variance Board held on
the 28th day of October, 2009.
(2) That it is my understanding that O.C.G.A. §50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 28th of October, 2009 which was closed for the purpose(s) of discussion of legal
matters as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. §50-14-4(b) that such an affidavit be executed.
This 28th day of October, 2009.
ay / esiding Officer
Sworn to and subscribed before me
This 28th day of October, 2009.
Notary Public