02-07-2011 February 7, 2011Mayor and Council Meeting
February 7, 2011
All Council Members were present with the exception of Councilman Ron Newcomb. Also
present were City Administrator Eric Taylor, City Clerk Susan Hiott, Deputy City Clerk
Samantha Kasraie, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler,
Community Development Director Ken Suddreth, Keep Smyrna Beautiful Director Ann Kirk,
Fire Chief Jason Lanyon, Police Chief Stan Hook and representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. Presiding
officer Mayor Max Bacon called the meeting to order at 7:31 o'clock p.m.
Mayor Bacon recognized Rev. Steve Kimmel of Smyrna First Baptist Church, who conducted
the invocation and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated there were numerous agenda changes. He specified that items 4A-E would
be tabled to Feb 21st with item 4B being withdrawn.
Mayor Bacon mentioned that item 7B of the consent agenda was the approval of Tim Williams
as the Environmental Court Solicitor and introduced Mr. Williams, his wife Ellen and daughter
`'"~' Mary to those present. Mr. Williams thanked the Mayor and Council for allowing him to serve
the City of Smyrna and stated that he is looking forward to representing the City. Mayor Bacon
stressed the importance of the role of the Environmental Solicitor, thanked Mr. Williams and his
family for being in attendance and expressed his hope for a long relationship with Mr. Williams.
MAYOR'S REPORT:
(A) Recognition of the Chad's Law Petition
Mayor Bacon invited Chief Hook and all those involved with the petition to approach the
podium. Officer Eric Smith thanked the Council for their support of his efforts and explained the
background of the law being proposed. He discussed the events surrounding Trooper LeCroy's
death and his personal motivation for seeking reform of the laws pertaining to offenders with
multiple probations. He stated that the petition had received tremendous community support with
over 4,300 signatures to date, including that of State Representative Rich Golick.
Mayor Bacon acknowledged Councilman McNabb, who had requested the presence of Officer
Smith at the meeting, and stated that the Council would be signing the petition.
Council Member McNabb expressed his opinion of the importance and timeliness of reform as it
pertained to potentially violent repeat offenders. He recognized the heavy caseloads in the courts
but stressed that the safety of the general public as well as those committed to protecting it
should be a priority. He stated his belief that the proposed modifications represented an
enhancement to the judicial system, expressed his support of the petition and thanked Officer
Smith for taking the initiative to enact the changes.
February 7, 2011 2
Mayor Bacon recognized Chief Stan Hook, who stated that Officer Smith had pinpointed a
problem that needed to be addressed. Officer Smith stated that he had the petition with him for
those that wished to sign. Mayor Bacon extended the offer to Council Member McNabb to be the
first to sign and encouraged all present to do likewise.
Officer Smith noted that Trooper LeCroy's widow was present and Mayor Bacon invited her to
come forward. He expressed his sadness at the loss of Trooper LeCroy and his hope that the law
would help prevent similar tragedies in the future.
Mrs. LeCroy thanked all present for their support. Mayor Bacon recognized Councilman
Lnenicka, who commended Officer Smith's initiative as well as the efforts of the Police
Department in making the cause well known and extended his offer to support the endeavor. He
then invited all present to support the petition with Officer Smith stating that a copy would be
available at the front of the chambers for those that wished to sign.
Council Member Pritchett invited Officer Smith to discuss the four proposed changes included in
the petition and Officer Smith explained each of the modifications and their relevance. Mayor
Bacon once again expressed his gratitude for their appearance and invited all present to take the
opportunity to sign. Council Member Lnenicka expressed his condolences to Mrs. LeCroy.
Mayor Bacon commented on a recent hit and run incident and Chief Stan Hook discussed details.
(B) Presentation of Character Education (Tolerance/Acceptance) with Norton Park Elementary
Mayor Bacon recognized Mr. Doug Daugherty of Norton Park Elementary School, who
introduced their teacher of the year Ms. Amy Gonzalez and the students under her direction that
would be presenting the character word Acceptance. The students, all third graders, sang songs
and talked about the meaning of the character word.
(C) Proclamation in Recognition of Black History Month
Mayor Bacon acknowledged several members of the audience that would be receiving the
proclamation and Council Member Anulewicz, who remarked on a book called the Immortal Life
of Henrietta Lacks. She briefly discussed the story of Henrietta Lacks and commented on the
importance of remembering the contributions of all people of African-American descent, after
which she read the Proclamation. Mayor Bacon introduced Lisa Castleberry, who accepted the
document.
(D) Arbor Day Proclamation
Mayor Bacon acknowledged Ann Kirk and Mike McNabb, who read the Proclamation and
presented it to Ms. Kirk. Councilman McNabb mentioned the "Bring one for the chipper"
program and the four large cedars in his yard that had grown from saplings he received as a
participant of that project over the years. Ms. Kirk invited all present to attend the Arbor Day
Celebration, to be held on Saturday, February 19th from 11:00-12:30 at the community center.
(E) Proclamation for Severe Weather Awareness Week
February 7, 2011
Mayor Bacon recognized Fire Chief Jason Lanyon and Councilman Lnenicka, who read the
proclamation He then presented it to Mr. Lanyon, who commented that this was a statewide
initiative and encouraged citizens to focus on various potentially hazardous weather-related
scenarios and to visit www.ready_ga.gov for additional information and preparedness plans.
LAND ISSUES/ZONINGS/ANNEXATIONS:
A) Public Hearing- Approval of proposed code amendment to Section 721 of the Zoning
Ordinance for the creation of a new zoning category called the Apartment Redevelopment
District - (RN) City of Smyrna -Tabled from February 7, 2011 - To be tabled until February 21,
2011
MOTION: Council Member Anulewicz made a motion to table proposed code amendment to
Section 721 of the Zoning Ordinance for the creation of a new zoning category called the
Apartment Redevelopment District to February 21, 2011. Motion was seconded my Council
Member McNabb and approved 6-0.
(B) Public Hearing- Zoning Amendment Request Z10-016 -Modification of previously
approved building elevations - 6.94 Acre Tract -Land Lot 308 -Church Road & Autumn Brook
Trail -Ryland Homes (JS) Tabled from the December 20, 2010 meeting and tabled from
February 7, 2011 - To be withdrawn
Mayor Bacon confirmed with the City Attorney that no action was necessary on this item.
(C) Public Hearing (no vote at this time) -Rezoning Request Z10-013 -From RM-12 (Cobb
County) to ARD Conditional (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and
Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC (RN) Tabled from
October 18, 2010 and February 7, 2011 meeting - To be tabled to February 21, 2011
MOTION: Council Member Wood made a motion to table proposed code amendment to Section
721 of the Zoning Ordinance for the creation of a new zoning category called the Apartment
Redevelopment District to February 21, 2011. Motion was seconded my Council Member
Anulewicz and approved 6-0.
(D) Annexation request (100% of owners requesting annexation) -Land Lot 663, Parcels 3 and 4
- 17th District, 2nd Section, Cobb County - 20.587 acre tract -Roswell Street (Regency Square
Apartments) (RN) Tabled from October 18,2010 Meeting and February 7, 2011 - To be tabled
until February 21, 2011
MOTION: Council Member Lnenicka made a motion to table proposed code amendment to
Section 721 of the Zoning Ordinance for the creation of a new zoning category called the
Apartment Redevelopment District to February 21, 2011. Motion was seconded my Council
Member Pritchett and approved 6-0.
~, (E) Final vote -Rezoning Request Z 10-013 -From RM-12 (Cobb County) to ARD Conditional
(Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and Davie Circle -Regency Square
Apartments, LLC and Virginia C. West, LLC (RN) Tabled from October 18, 2010 meeting and
February 7, 2011 - To be tabled until February 21, 2011
February 7, 2011
MOTION: Council Member Pritchett made a motion to table proposed code amendment to
Section 721 of the Zoning Ordinance for the creation of a new zoning category called the
Apartment Redevelopment District to February 21, 2011. Motion was seconded my Council
Member McNabb and approved 6-0.
PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
FORMAL BUSINESS:
A) Reappointment of Ward 3 Representative to Keep Smyrna Beautiful (TA)
MOTION: Council Member Anulewicz moved to approve the reappointment of Ward 3
Representative Betty Williams to the Keep Smyrna Beautiful Board (term to expire on
12/31/2011). The Motion was seconded by Council Member Pritchett and approved 6-0
Mayor Bacon expressed his gratitude to Ms. Williams for her continued involvement on the
Board.
CONSENT AGENDA:
Mayor Bacon acknowledged Mr. Eric Taylor, who read the consent agenda.
(A) Approval of January 18, 2011 Minutes
4
(B) Approval of appointment of Solicitor Tim Williams for the Environmental Court Division of
City of Smyrna Court
(C) Approval of Contract for Conduct of Smyrna November 8, 2011 Election and any Runoff on
December 6, 2011 with Cobb County Board of Elections & Registration and Authorize Mayor to
sign and execute document
(D) Bid Award RFP # 11 015 Asbestos Survey Services Hickory Lake Project award to the
lowest bidder Diversified Environmental Management Inc for an asbestos survey and associated
report, $118,860.00, and on site inspection services of $250.00/day with an hourly rate of
$31.25/hr
(E) Request to purchase .026 acres of property and .073 acres of construction easement for
$8,500.00 for the new construction of the Belmont Sanitary Sewer Lift Station and authorize the
Mayor to sign and execute related documents
(F) Approval of RFP 11-017 for construction of Campbell Road over CSX Railroad to Sunbelt
Structures, Inc., the lowest bidder for $1,397,293.22 and mayor to sign and execute related
documents
(G) Award of RFQ 11-023 for purchase of four 2011 Crown Victoria Police Interceptor Vehicles
to lowest Bidder Wade Ford for $88,488
February 7, 2011
(H) Approval of expenditure for $10,000 to Cobb County for Alternative Analysis (AA) -DOT
Light Rail System Study
MOTION: Councilman Wood moved to approve the consent agenda. The motion was seconded
by Councilman Smith and approved 6-0.
COMMITTEE REPORTS:
Council Member Pritchett yielded the floor with no report.
Councilwoman Anulewicz commented on her observation that people were taking advantage of
the City Parks facilities during pockets of nice weather and yielded the floor with no further
report.
Councilman McNabb expressed his appreciation to Police Chief Hook and the police department
for their actions over the weekend in his neighborhood regarding a vehicular operator's
suspicious behavior. He thanked them for their prompt response and encouraged all present to be
vigilant in their communities and avail themselves of the public safety services.
Councilman Smith commented on the proclamation in recognition of severe weather week and
stressed to all present the importance of heeding forecasters' predictions and taking all necessary
precautions.
~•• Councilman Lnenicka thanked the Home Depot Corporation for their upcoming donation of an
automatic external defibrillator to the Smyrna American Legion Post 160 and expressed his
gratitude for the support and involvement of community citizens with local groups.
Council Member Wood yielded with no report.
No further reports were given.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who commented on
an article run in the Marietta Daily Journal announcing Mayor Bacon's intention to run for office
in November. He stated that he had spoken with Robert Quigley of Cobb County about a
televised debate and their 60 day advance notice requirement. He requested that Mayor Bacon
contact Mr. Quigley to arrange the event and stated that Russ Cavat was available to moderate.
Mr. Backry shared with all present that he was looking forward to a debate with all potential
candidates. He then discussed decorum issues regarding comments made about public speakers.
~••- Mayor Bacon recognized Mr. George Mercurius, residing at 5000 Ridge Crest Dr., who
recognized the Council's contributions to making Smyrna a great place to live and commented
on the severe and changing weather conditions. He suggested that a line item be considered for
adding snow removal services to the City's budget.
February 7, 2011
Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Dr., who read part of a
letter sent to Hickory Lakes Apartment residents and commented on mail delivery to remaining
occupants and moving conditions during the winter season.
Mayor Bacon recognized Mary Kirkendoll, residing at 1078 Oakview, who discussed the
upcoming SPLOST vote and prior appropriation of funds. In particular, she mentioned a light rail
study by Croy Engineering, the Windy Hill and Atlanta Rd. medians, the Concord Rd. trail and
streetscape and she expressed her concern about plans for Smyrna Heights.
Mayor Bacon invited all present to attend the groundbreaking ceremony at Concord Crossing for
the new Kroger development to be held at 10:00 a.m. on February Stn
Mr. Bacon acknowledged Eric Taylor, who shared with all present that the purchase of the police
vehicles mentioned earlier had been made using drug seizure monies and not appropriated from
general funds, thanking the Police Chief for his discretionary purchase that benefited the entire
Smyrna community.
Council Member Lnenicka noted that the four vehicles purchased were not additional cars but
would replace several that had been in accidents or were no longer in service.
With no further busin
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A. MAX BAC , MA
MELLENY PRITCHETT, WARD 1
\l_.,r
RON NEWCOMB, WARD 2
MICHAEL MCNABB, WARD 4
WADE S. LNENICKA, WARD 6
was adjourned at 8:28 o'clock p.m.
D. HIOTT, CITY CLERK
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CHARLES PETE WOOD, WARD 7
TERI ANULEWICZ, ARD 3