12-21-2009 December 21, 2009December 21, 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 City Administrator Tammi Saddler,
Assistant Fublic Works Director Frank Martin, 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, Community Relations Director Jennifer
Bennett, Management Fellow Jered Sigmon and representatives of the press.
Invocation was given by Pastor Phil Adams of Life International Ministries, followed by the
pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated Rezoning Request Z09-008 will be tabled to the January 19, 2010 meeting.
MOTION: Council Member Wood made a motion to suspend the rules to add an item to the
agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - 0.
*MOTION: Council Member Wood made a motion to add Approval of commercial building
permit at 1461 Veterans Memorial Highway for Race Trac Petroleum, Inc. as item ?A. The
~""" motion was seconded by Council Member Smith. Motion was approved 7 - 0.
MAYOR' S REPORT:
(A) Report from the Parks and Recreation Department
Mr. Ciaccio recognized Mr. Hyde, who provided details to those present regarding Mr. Michael
Studo. Mr. Hyde expressed appreciation to Mr. Studo for actions he took to return some of his
personal property he had accidentally misplaced.
Mayor Bacon recognized State Senator Doug Stoner, who stated he will make efforts to represent
his constituents to the best of his ability in the upcoming session of the State Legislature. State
Senator Stoner made particular reference to the issue of unfunded mandates, and expressed
support for local control. State Senator Stoner wished everyone a happy holiday season. Council
Member McNabb thanked State Senator Stoner for coming by. Council Member McNabb
pointed out that the City has managed to cope with budgetary limitations without tax increases,
and urged State Senator Stoner to emulate this example. State Senator Stoner provided details to
those present concerning a measure previously proposed in the Legislature which would have
required local governments to fund homeowner tax relief without assistance from the State.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing -Acceptance of the Atlanta Regional Commission's findings for the
,,, planned development at 1461 Veterans Memorial Highway for consistency with the
Metropolitan River Protection Act - 1461 Veterans Memorial Highway -City of Smyrna
Mr. Taylor stated the plan for the subject tract has been reviewed by the ARC and determined to
December 21, 2009
2
be consistent with the Chattahoochee River Corridor Plan and that staff recommends approval of
that agency's findings.
Mr. Suddreth stated the plan has been modified, which required a second review by ARC.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mayor Bacon recognized Mr. Parks Huff, an attorney representing Race Trac Petroleum,
who asked the present officials to follow the recommendation for approval.
MOTION: Council Member Wood made a motion to accept the Atlanta Regional Commission's
findings for the planned development at 1461 Veterans Memorial Highway for consistency with
the Metropolitan River Protection Act. The motion was seconded by Council Member Smith.
Motion was approved 7 - 0.
(B) 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 McNabb made a motion to table Rezoning Request Z09-008 from
GC to GC-Conditional for Land Lots 379, 380 and 418 fora 20.316 acre tract at South Cobb
Drive and Concord Road for Tri-Lands Properties to the January 19, 2010 meeting. The
motion was seconded by Council Member Smith. Motion to table was approved 7 - 0.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Reappointment of Parks and Recreation Commission Members for Mayor, Ward 1, Ward
2, Ward 3, Ward 4, Ward 5, Ward 6 & Ward 7
MOTION: Council Member Wood made a motion to approve appointment of Parks and
Recreation Commission Members Joe Isley as Mayor's appointee, Adam Pickard as Ward 1
representative, Susan Wattecamps as Ward 2 representative, Liz Davis as Ward 3 representative,
Paula Weeks as Ward 4 representative, Catherine LaValley as Ward 5 representative, Julia
Morini as Ward 6 representative and Tom Sconzo as Ward 7 representative, for a two year term
each, to expire on December 31, ZO 11. The motion was seconded by Council Member Smith..
Motion was approved 7 - 0.
(B) Reappointment of Planning and Zoning Board Members for Mayor, Ward 2, Ward 3,
Ward 5, and Ward 6
MOTION: Council Member Smith made a motion to approve appointment of Planning and
Zoning Board Members Joel Powell as Mayor's appointee and Chairman, Andrea Blustein as
Ward 2 representative, Larry Jones as Ward 3 representative, Dale LaValley as Ward 5
December 21, 2009
~.•• representative and Tom Woodward as Ward 6 representative, for a two year term each, to expire
on December 31, 2011. The motion was seconded by Council Member Wood. Motion was
approved 7 - 0.
(C) Reappointment of Keep Smyrna Beautiful Board Members for Ward 1 and Ward 4
MOTION: Council Member Smith made a motion to approve appointment of Keep Smyrna
Beautiful commission members Shelbra Thompson as Ward 1 representative and Theresa Hall as
Ward 4 representative, for a two year term each, to expire on December 31, 2011. The motion
was seconded by Council Member McNabb. Motion was approved 7 - 0.
(D) Award of RFP 10-002 for Commercial Sanitation Services to lowest qualified bidder
Advanced Disposal
Mr. Taylor stated Advanced Disposal (AD) submitted the lowest qualified bid, and staff
recommends approval of award of the contract to AD with a contract commencement date of
March 1, 2010.
Motion: Council Member McNabb made a motion to award RFP 10-002 contract for
commercial sanitation services to lowest qualified bidder Advanced Disposal. The motion was
seconded by Council Member Newcomb. Council Member Anulewicz stated she will abstain
from voting on this matter because of a family member's business relationship with the vendor.
Council Member Lnenicka thanked Waste Management for many years of great service to the
City. Council Member Lnenicka commented favorably about the winning bidder. Motion was
approved 5 - 1, with Council Member Pritchett opposed and Council Member Anulewicz
abstaining.
COMMERCIAL BUILDING PERMITS:
*(A) Approval of commercial building permit at 1461 Veterans Memorial Highway for Race
Trac Petroleum, Inc.
Mr. Taylor stated staff recommends approval of this building permit.
MOTION: Council Member Wood made a motion to approve a commercial building permit at
1461 Veterans Memorial Highway for Race Trac Petroleum, Inc. The motion was seconded by
Council Member Smith. Motion was approved 7 - 0.
CONSENT AGENDA:
(A) Approval of December 7, 2009 minutes
(B) Approval of employee recognition awards
(C) Approval of Zayo Bandwidth franchise application to place telecommunication lines and
facilities in public rights of way of City
(D) Renewal of agreement with Strategic Benefit Solutions (Healthcare consultants) and the
City of Smyrna
December 21.2009
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(E) SPLOST amendment to MOA South Cobb Drive Amendment to memorandum of
understanding between Cobb County and the City of Smyrna for the use and distribution
of proceeds from the 2005 SPLOST for transportation projects
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member McNabb. Motion was approved 7 - 0.
COMMITTEE REPORTS:
Council Member Pritchett recognized Ms. Hiott, who provided details concerning recent court
services operations. Council Member Pritchett commented favorably about the recent dedication
ceremony for Jonquil Park.
Council Member Newcomb recognized Mr. Suddreth, who commented on the gradual
improvement in building statistics in the City.
Council Member Anulewicz commented favorably about Jonquil Park and the local soccer
program. Council Member Anulewicz wished everyone a Merry Christmas and a Happy New
Year.
Council Member McNabb recognized Mr. Martin, who provided information concerning recent
departmental projects and the holiday sanitation service schedules. Council Member Newcomb
reminded everyone that the City no longer vacuums loose leaves. Mr. Martin stated the sanitation
crews are leaving door-hanger notices with information regarding pick-up of leaves. Council
Member Newcomb stated leaves can also be used around trees and bushes. Council Member
Newcomb stated he has received complaints of citizens depositing leaves in storm drains, and Mr.
Martin outlined problems created by this practice. Council Member Smith stated this practice is
illegal.
Council Member McNabb recognized Ms. Kirk, who provided information regarding the
Recycling Center schedule. Ms. Kirk stated City residents will be able to bring Christmas trees
for recycling to the Home Depot store in Vinings, and chips will be available at no cost. Ms. Kirk
wished everyone a safe and happy holiday. Ms. Kirk provided details to those present concerning
the Rose Garden holiday lights contest.
Council Member McNabb stated that, according to a recent issue of Atlanta Magazine, Vickery
Hardware was recognized as best hardware store, and congratulated the owners and staff.
Council Member McNabb congratulated REV Coffee, World Gym, McEntyre's Bakery and Low
Country Barbeque for similar recognition. Council Member McNabb wished everyone a Merry
Christmas and a Happy New Year.
Council Member Smith recognized Ms. Bennett, who provided details to those present
concerning the upcoming Noon Year's Eve event.
Council Member Smith recognized Mr. Ciaccio, who provided details to those present concerning
parks and recreation department activities and schedules. Mr. Ciaccio recognized Mr. Studo and
Mr. Hyde and commented favorably about them.
Council Member Smith recognized Mr. Seigler, who provided details to those present concerning
hours of operation for the holidays and upcoming programs. Mr. Seigler wished everyone a
Merry Christmas and a Happy New Year.
December 21, 2009
Council Member Smith wished everyone a Merry Christmas and a Happy New Year.
Council Member Lnenicka stated there will be no public safety reports this evening. Council
Member Lnenicka thanked the City staff for helping the City navigate what has been a difficult
year. Council Member Lnenicka stated we all have much to be thankful for, and we should all
look for ways to help the less fortunate. Council Member Lnenicka wished everyone a Merry
Christmas and a Happy New Year.
Council Member Wood stated Mr. Boyd has no report. Council Member Wood commended the
City staff for their efforts to provide essential services while staying within a tight budget.
Council Member Wood wished everyone a Merry Christmas and a Happy New Year.
Mayor Bacon wished everyone a Merry Christmas and a Happy New Year. Mayor Bacon
recognized Chief Lanyon, who provided details to those present concerning the Shop with a Hero
program. Chief Lanyon stated this is a very worthwhile and rewarding project, and thanked
everyone who supported this effort.
CITIZENS INPUT:
Mayor Pro Tem Lnenicka recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr.
Backry expressed views concerning the ownership and management of the Highlands Apartments
project.
Mayor Pro Tem Lnenicka recognized Ms. Donna Woodham, residing at 2616 Hughes Street, who
expressed views about the City's program of building pedestrian/multi-use trails, the best use for
~*** SPLOST funds, the need for conservative use of lighting in the City, and other concerns.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:27 p.m.
December 21, 2009
A. MAX BACON, MAYOR
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S S N D. HIOTT, CITY CLERK
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E NY CHETT, WARD 1 RON NEWCOMB, WARD 2
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RI ANULEWIC~ ,WARD 3
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' Y ~. I H, W RD 5 WADE S. LNENICKA,
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MICHAEL McNABB, WARD 4
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CHARLES PETE WOOD, WARD 7