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11-16-2009 November 16, 2009November 16.2009 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 except Council Member McNabb. Also present were City Administrator Eric Taylor, 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, Police Chief Stan Hook, 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 Frank McLeod from Hurt Road Baptist, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated Rezoning Request Z09-008 will be tabled. MAYOR' S REPORT: (A) Friends of the Smyrna Library Mayor Bacon recognized Ms. Linda Evans and Ms. Loraine Joyner, and Ms. Evans provided ""' details to those present concerning the Smyrna Reads program. Ms. Joyner provided information concerning noted author Terry Kay and a planned personal appearance by this celebrated writer. Mayor Bacon recognized Commissioner Bob Ott, who provided details to those present concerning the Movember program for raising funds for prostate cancer research. (B) Recognition of Firefighter of the Year Chief Lanyon introduced City firefighter Dustin Davey to those present, and provided details to those present concerning his dedicated service to the fire department. Chief Lanyon stated this is an award by his peers, which makes the recognition even more meaningful. Mr. Davey stated he appreciates the opportunity to work for the Smyrna Fire Department, and that he enjoys his work very much. Council Member Lnenicka thanked Mr. Davey for his exemplary service to the City. (C) Recognition of IBM Council Member Wood read a Proclamation in Recognition of IBMCommunity Service to those present. Ms. Kirk introduced Ms. Angie Bolton with IBM to the present officials, and Ms. Bolton stated it is a pleasure to volunteer in a community where there is real support from the local leadership. Ms. Bolton discussed various projects undertaken by the IBM volunteers, and commented favorably about the local teachers and students. Ms. Kirk thanked Ms. Bolton and the many other volunteers from IBM for all of their assistance with beautification efforts in the City. November 16, 2009 LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing -Rezoning Request Z09-008 - GC to GC-Conditional -Land Lots 379, 380 and 413- 20.316 acre tract -South Cobb Drive and Concord Road -Tri-Lands Properties Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Lnenicka made a motion to table Rezoning Request Z09-008 from GC to GC-Conditional for Land Lots 379, 380 and 413 fora 20.316 acre tract at South Cobb Drive and Concord Road for Tri-Lands Properties to the December 21, 2009 meeting. The motion was seconded by Council Member Wood. Motion to table was approved 6 - 0. PRIVILEGE LICENSE: (A) Public hearing -new owner and agent-retail package sale of beer and wine -Kings Way Afro Carib Food Mart - 4924 South Cobb Drive Suite C -Fummito Bopo Ojomu 2 Mr. Taylor stated Ms. Ojomu has received a copy of the City's alcoholic beverage sales regulations and has attended the required responsible alcoholic beverage sales and service class. Mr. Taylor stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Ms. Ojomu, and discussed with her the responsibilities of an alcoholic beverage sales agent. Council Member Wood asked Mr. Suddreth if the subject location meets zoning requirements for alcohol sales, and Mr. Suddreth answered in the affirmative. MOTION: Council Member Wood made a motion to approve the privilege license request for retail package sale of beer and wine for Kings Way Afro Carib Food Mart at 4924 South Cobb Drive Suite C for Fummito Bopo Ojomu as agent. The motion was seconded by Council Member Smith. Motion was approved 6 - 0. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of November 2, 2009 minutes (B) Approval to use Council Chambers on December 2, 2009 from 7:00 - 9:00 pm for a Ward 3 meeting (Heights at Spring Road HOA) November 16, 2009 (C) Approval of drainage easement from Cobb County Board of Education for property • located in back area of Campbell Middle School for Public Works to correct a drainage problem and approve Mayor to execute drainage easement document MOTION: Council Member Newcomb made a motion to approve the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 6 - 0. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Miller, who provided details to those present concerning the inaugural Race To See SK for the benefit of Vision Rehabilitation Services conducted on Halloween morning. Mr. Miller stated the course for the race is scenic and challenging, and expressed appreciation for the many helpful volunteers and generous sponsors who helped make this event possible. Mr. Miller congratulated City staff member Lizette Bryan for winning the women's gold medal in her age division at the race. Mr. Miller stated everyone he spoke with commented favorably about the event, and he hopes to see everyone at the start line next time. Council Member Newcomb recognized Mr. Suddreth, who commented on the gradual improvement in building statistics in the City. Council Member Anulewicz commented on abatement of possible presence of asbestos at the Belmont Hills construction site. Ms. Anulewicz pointed out that asbestos is primarily regulated by Federal authorities, not local governments. Ms. Anulewicz stated the City has taken every reasonable measure to make certain it is doing its part in the process, and detailed the various steps involved. Ms. Anulewicz stated City ordinances allow accumulation of debris on active construction sites. Ms. Anulewicz stated that the City will continue to comply with EPA directives in this matter. Mayor Bacon commented favorably about the efforts made by the human resources staff in connection with the recent healthcare enrollment process for City employees. Council Member Smith recognized Mr. Stokes, who provided information concerning sanitation service and schedules and current infrastructure maintenance. Mr. Stokes stated construction on the Spring Street quiet crossing is scheduled to begin tomorrow. 3 Council Member Smith recognized Ms. Kirk, who provided information regarding the Recycling Center schedule. Ms. Kirk stated City residents can bring leaves to the Recycling Center for disposal, but costs will apply for loads above a particular level. Mr. Suddreth provided details to those present concerning progress on the tree inventory. Council Member Smith recognized Mr. Seigler, who provided details to those present concerning use statistics and upcoming programs, and hours of operation for the upcoming holiday. Council Member Smith recognized Mr. Ciaccio, who provided details to those present concerning parks and recreation department activities and projects. Council Member Lnenicka congratulated Mrs. Wood for being recognized as Citizen. of the Year by the Smyrna Area Council of the Cobb Chamber. November 16, 2009 4 Council Member Lnenicka thanked the citizens for their participation in the Veterans Day ceremonies, and provided details to those present concerning the proceedings. Council Member Lnenicka provided details to those present concerning the recent city council retreat and planning session. Council Member Lnenicka recognized Chief Lanyon, who had no report. Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning recent police operations. Mayor Bacon provided details to those present concerning recent implementation of changes to drivers licenses by the State that he has advocated for many years. Council Member Lnenicka wished everyone a happy Thanksgiving holiday. Council Member Wood recognized Mr. Boyd, who provided details to those present concerning tax collections and preparation of the financial statement. CITIZENS INPUT: Mayor Bacon recognized Ms. Betty Layng, residing at 2750 Hammond Court, who expressed concerns about the appearance and conditions at Jonquil Plaza and economic development in the City. Mayor Bacon recognized Ms. Donna Woodham, residing at 2616 Hughes Street, who expressed concerns about the appearance and conditions at the Belmont Hills construction site. Ms. Woodham expressed concerns about asbestos which may be at the subject location. Mayor Bacon recognized Mr. Charles Woodham, residing at 2616 Hughes Street, who expressed concerns about conditions at the Belmont Hills construction site, and expressed the view that the subject location should be under closer scrutiny. Mr. Woodham expressed concerns about tiles which he believes are at the subject location. Mr. Woodham expressed the view that the subject location is a demolition site and not a construction site, and that the debris there should be removed as required by the demolition ordinance. Mr. Woodham expressed concerns about asbestos content potentially in concrete at the subject location. Mayor Bacon recognized Ms. Rebecca Newton, residing at 1154 Fleming Street, and Ms. Newton expressed concerns about tiles which are attached to a floor at the subject location which may contain asbestos. Ms. Newton expressed the view that demolition of older buildings should be monitored. Mayor Bacon stated he will look at Jonquil Plaza to check on the conditions there. Mayor Bacon stated there was no tax allocation district (TAD) approved for Jonquil Plaza, and Belmont Hills has some conditional tax concessions. Mayor Bacon reiterated that the U. S. Government has primary responsibility in environmental matters, and that contactors used for evaluation and abatement at Belmont Hills are certified to conduct their specialized work. Council Member Anulewicz stated she takes the citizens' concerns seriously, and that the City will waiting for information from the EPA. ADJOURNMENT: With no further business, the meeting was adjourned at 8:52 p.m. November 16, 2009 ,i !r ~ -r A. MAX BACON, MAYOR D. HIOTT, CITY CLERK -,z. a,ti RON NEWCOMB, WARD 2 u~'~~ot~ ~ a~~ MICH 'L McNABB, WA 4 WADE S. LNENICKA, ARD 6 TERI ANULEWICZ , ARD 3 CHARLES PETE WOOD, WARD 7