07-18-2011 July 18, 2011July 18, 2011
Mayor and Council Meeting
July 18, 2011
All council members were present. Also present was City Administrator Eric Taylor, Assistant City
Administrator Tammi Saddler, City Attorney Scott Cochran, City Clerk Susan Hiott, Finance Director
Robert Porche, Community Relations Director Jennifer Bennett, Human Resources Director Kay Bolick,
Fire Chief Jason Lanyon, Police Chief Stan Hook, Parks and Recreation Director Steve Ciaccio,
Community Development Director Ken Suddreth, City Planner Rusty Martin, Public Works Director Scott
Stokes, Library Director Mike Seigler, Management Fellow Kevin Klosterboer and representatives of the
press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m.
Mayor Bacon recognized Pastor Dwayne Hardin of Shiloh Seventh Day Adventist, who conducted the
invocation and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that there were none and that the privilege license for Precious Metal would be tabled
to August 1St
MAYOR'S REPORT
Mayor Bacon recognized Dale Gaddis of the Cobb County Board of Education, who introduced the new
principals; Leslie Mansfield of Teasley Elementary, Gail Johnson of Campbell Middle School and Denise
McGhee of Campbell High, who had previously been principal at Campbell Middle School. Mr. Gaddis
informed all present that and Campbell Middle, along with Campbell High had been authorized as full
International Baccalaureate schools, giving Smyrna two schools with that designation.
Mayor Bacon acknowledged Otha Thornton, President Elect of the National PTA for 2011 -2013 and
resident of Smyrna. Mr. Thornton shared that he was retired military, had been active with the PTA for
about 17 years, had moved to Smyrna about a year ago and been involved at Campbell High and Floyd
Middle Schools in Cobb County. Mayor Bacon recognized Councilman McNabb, who stressed the
importance of the PTA and encouraged all to join. He noted that Smyrna's Jesse Coleman Council had won
the award for biggest membership increase in Georgia. Dale Gaddis shared with all present that the national
PTA was founded about 120 years ago in Marietta, GA by Ms. Alice Birney and that Mr. Thornton was the
first Georgian to hold the President's office since it was founded.
(A) Proclamation in Recognition of 25 Years for GLOCK
Mayor Bacon asked if a representative of Glock was in attendance and asked that they come forward, after
which he acknowledged Councilman Wood who read and presented the proclamation to Chad Matthis,
Vice President of Glock Inc. and resident of Smyrna.
(B) Recognition of Smyrna Dive Team who won the Greater Atlanta Dive League - Division B
Championship
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July 18, 2011
Mayor Bacon recognized Councilman McNabb and Mr. Ciaccio, who introduced swim and dive team
Board President Chris Lash, who turned the floor over to head coach Hope Jensen. Ms. Jensen explained
that the team was comprised of children aged 4 -18 and that this was the first year the team had made it to .on"
the championship, after which she introduced the members present. Mayor Bacon congratulated the kids
and asked the parents to stand and be recognized.
4. LAND ISSUES /ZONINGS /ANNEXATIONS:
(A) Public Hearing- Rezoning Request Z11 -003 - GC to GC- Conditional for the construction of a
convenience store /gas station - 1.75 acre tract - Land Lot 810 - 2528 and 2550 Spring Road - RaceTrac
Petroleum, Inc. (MP)
Mayor Bacon stated that this was a public hearing, asked if the applicant was present and acknowledged
Mr. Taylor to provide the background. Mr. Taylor explained that the subject property was currently zoned
to allow for the proposed business but due to the number of variances required to develop the property a
rezoning has been requested. He informed all that this matter was heard by the planning and zoning board
on July 11, 2011 and was approved with a vote of 5 -1 with staff recommending approval.
Mayor Bacon again announced that this was a public hearing and encouraged all that wished to be heard
make themselves known. There was no response.
Mayor Bacon acknowledged Councilwoman Pritchett, who asked that Mr. Ken Suddreth discuss the
rezoning request. Mr. Suddreth informed all present that this was not a matter of use but rather a site and
design related issue where the conditional designation would be to bind the proposed site plan, if approved.
Mr. Suddreth displayed the proposed site plan and shared the tree survey, tree protection and tree
replacement requirements and the compliance of the proposed design. His presentation highlighted the
existing structures on the property, architectural renderings of the new Racetrac and the stipulations
required by the City, including some recent additions that Councilwoman Pritchett requested be read into
the record. Mr. Suddreth read to all present the stipulations and the status of each. Councilwoman Pritchett
asked for elaboration on plans for handling water detention and Mr. Suddreth responded that it would be
underground, with water released back into the Spring Rd. system and not into adjacent properties.
Councilwoman Pritchett requested clarification that the City engineer would be the one to make the final
decision, inspect and sign off on the design and Mr. Suddreth responded in the affirmative. Mr. Suddreth
stated for the record that, if the site plan was approved, Community Development would use it to compare
all submissions for permits and that a thorough review process would still -be conducted. Mayor Bacon
stated that the property in question was already zoned general commercial and that the issue was to put
conditions on the general commercial designation.
Mayor Bacon again announced that this was a public hearing and encouraged all that wished to be heard to
make themselves known and be sworn in by the City Attorney. He asked that speakers be considerate and
respectful to all present and acknowledged Mr. Parks Huff, representing the applicant. Mr. Huff gave a
brief background on the RaceTrac company and highlighted that the proposed construction would take
advantage of an existing signalized intersection, serve the needs of morning commuters, be a
redevelopment incorporating RaceTrac's prototype design, maintain architectural consistency by using
"Smyrna" brick and employ 18 -20 employees once completed. He referred to the conditions and
stipulations required by the City and the willingness of RaceTrac to work to comply in order to improve the ,..
existing Spring Rd. corridor.
Mayor Bacon recognized Ms. Donna Short Woodham, residing at 2616 Hughes St., who shared with all
present a signed petition against the construction of the RaceTrac facility. She stated her opinion that the
proposed development did not benefit the community or encourage economic growth and revitilazation in
July 18, 2011
the area. Ms. Woodham encouraged Mayor and Council to identif y an help hl bring
p n gin developers interested
in creating an assemblage and establishing a mixed use community. She asked if Councilwoman Pritchett
wished to leave RaceTrac as her legacy in Ward 1, citing it would be the 12th gas station on Spring Rd. Ms.
Woodham requested that Mayor and Council remove the GC zoning designation and disapprove the item.
Councilman Smith asked Ms. Woodham to identify the 12 gas stations on Spring Rd. and there was
discussion about the location of facilities of that nature with Ms. Woodham conceding that she might have
over - exaggerated and stating that there were between 7 and 15 gas stations on Spring Rd.
Mary Kirkendoll of 1078 Oakview Drive stated her dismay that the decision before Mayor and Council was
a choice between maintaining dilapidated buildings or erecting a gas station along one of Smyrna's main
corridors and suggested mixed use, high -rises or office buildings. She indicated Mayor and Council did not
actively work towards redevelopment in the City other than the construction of the market village and listed
the Spring Rd. gas stations to her recollection. She again urged Council to consider alternate uses for the
subject property, including transit friendly development, high density residential and neighborhood oriented
business with open public spaces and plans that included preserving existing fauna. She cited the lack of
activity at the shopping plazas of Belmont, Jonquil, and South Cobb Dr. near the new Kroger.
Mr. Suddreth stated that he had received a request to display a particular slide and Mayor Bacon asked that
he wait until all public comment had been received prior to doing so.
Laurie Pavlick, residing at 2811 Bell Dr, expressed concern about the RaceTrac being built in the line of
sight of her home on property where large trees flourish. She stated that the community was not
underserved by the gas and convenience store industry and that the unemployment rate would not be
significantly impacted by 18 -20 $8 /hr jobs. She emphasized that there were other signalized intersections
that could serve RaceTrac's needs without requiring as much grading or threatening established trees. Ms.
Pavlick shared her worries about the amount of garbage and increased noise, traffic and crime that would
be generated by the proposed business and her sentiment that it would create problems for the residents in
her community, stating her opposition to the structure.
Councilwoman Pritchett confirmed that the landlords of 2811 Bell Dr. were Dolores and James Carrol and
shared with all present, for the record, that she had spoken with them and they supported the development.
Julie Bowen of 3299 Ann Rd., stated her support for the approval of the RaceTrac, opining that the current
property had been an eyesore for years and that the new store would provide jobs and benefits through a
flourishing company.
Darius Arseno, residing at 3009 Hawthorne Place commented that several of the areas in close proximity to
the proposed RaceTrac are less than ideal for families and that he would like to see something of benefit to
the community built at that location, similar to the Market Village.
Judd Hancock of 202 Kenninghall Lane, observed that new construction was an enhancement to the
community and cited the new Kroger and the redevelopment of South Cobb Dr. as positive examples. He
stated that he was in favor of the RaceTrac becoming part of the gateway to the City.
Now Steven Isabel, living at 103' ) Magbee Dr., stated his support of the RaceTrac replacing dilapidated
structures and bringing in gas price competition with the other four gas stations on Spring Road.
Jonathan Isbel, also residing at 1033 Magbee Dr. stated it would be a huge visual impact improvement and
asset to the City, add jobs and provide competition for other stations that would benefit citizens.
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July 18, 2011
Brooke Malden, living at 1177 Pinedale Drive, stated that a nice new business would revitalize the area,
bring jobs and create gas price competition.
Jeffrey Baird, residing at 3315 Creatwood Trail, opined that it would be an improvement to traffic at the
QuikTrip intersection and open a left hand turn lane at the proposed intersection. He shared that he had
heard that RaceTrac was contributing more than two hundred thousand dollars for improvements to
adjacent property. He shared that he had not seen garbage at other RaceTrac locations and felt that
RaceTrac landscaping was attractive.
Benjamin Malden, of 1177 Pinedale Dr., expressed his support and mentioned that he travels that road
everyday. In his opinion, the gas station would help with traffic flow at the intersection of Spring and
Cumberland and he agreed with a previous comment regarding trash not being an issue.
Sean Murphy, of 982 Mclendon Ave., stated his support and provided an explanation of traffic flow
patterns that would be alleviated by providing an alternative to the existing QuikTrip business. He made
known that he had almost experienced an accident at the QuikTrip intersection due to the traffic patterns of
patrons of that establishment. He stated that he moved to Smyrna about 12 years ago and as long as he can
recall the subject property has been an eyesore, expressing that the new business could create a halo effect,
increasing property values of adjoining properties.
Leo Smith, residing at 1116 Drewsbury Ct, stated his support and thanked Mayor and Council for their
efforts in balancing the needs of the citizens with the need to recruit new, successful businesses into the
community. He elaborated on his appreciation of the Jonquil Park project, stating that he and his family
enjoyed the City amenity and recognized the dedicated efforts of the City's current elected officials in
making Smyrna a great place to live and raise a family.
Mayor Bacon called upon Ken Suddreth to display the slide previously mentioned. Mayor Bacon then
shared with all present that the property on Spring Rd. was already zoned general commercial and that over
the past several years numerous public hearings had been conducted regarding that zoning classification.
He explained that changing the classification at this hearing was not a viable option and expressed surprise
that more people were not interested in seeing the redevelopment of the shopping plaza behind the
proposed RaceTrac. He stated that he would have preferred a more comprehensive development of that
entire area and thanked all present for their comments and civility.
Councilwoman Pritchett addressed the shopping plaza behind the RaceTrac, sharing with all present that as
a long -term resident she could not recall witnessing any improvement on that location over the past 20
years. She advocated personal property rights and her support of maintenance of that property being the
owner's responsibility. She mentioned the deal with RaceTrac that the owner of that property had chosen
not to pursue and reiterated that it was his right to do so, as it was the right of the owners of other adjacent
properties to sell their parcels. Councilwoman Pritchett opined that not taking action could indefinitely stall
redevelopment of that area. There was discussion with Chief Lanyon about the annual electrical inspections
conducted by the City and the limitations regarding enforcing an updated appearance of a property. The
Councilwoman stated that another community center was not in the budget and that the City already
offered those facilities as well as a library. She clarified the boundaries of Spring Rd. and the number of gas
stations along that road and concurred with the citizen that had raised the issue of a positive halo effect. She
shared that she has already received calls from businesses interested in improving their sites as a result of �.�.
the proposed development and highlighted the advantages of the proximity of the RaceTrac headquarters.
Mayor Bacon acknowledged Councilman Smith, who asked Mr. Suddreth if, under the current zoning,
RaceTrac could develop a plan that would not need to be brought before Mayor and Council for approval
and Mr. Suddreth responded in the affirmative.
July 18, 2011
Councilman Lnenicka addressed Mr. Suddreth to confirm that the property was currently zoned General
Commercial and that there were no restrictions on that zoning as far as limiting the types of businesses
allowed and Mr. Suddreth responded in the affirmative. Councilwoman Pritchett referred to the types of
businesses that Racetrac agreed not to engage in on their property that were part of the request for GC
conditional approval.
Councilman Lnenicka addressed Councilwoman Pritchett, inquiring about the condition of the interior of
the existing buildings on the property at that location. She responded that the yellow daycare building had
some renovations done but that she was not familiar with the interior. She strongly expressed her opinion
about the deplorable condition of the blue daycare building and the environment in which children were
being housed throughout the day. She shared with all present that she had contacted the health department
and that state authorities were aware of the condition of the business operating out of that facility. She
stated that salvaging the "quaint' buildings on that site was not a viable option and Councilman Lnenicka
stated that 20 years ago, when it was China Station, there were roof leaks.
Councilwoman Pritchett reiterated that the property was zoned GC and that the issue under consideration
was not zoning but use. She stated her appreciation for the input received from the citizens as allowed for
in a free society. She commented that the Mayor and Council is governed by laws and carefully monitored
by the City Attorney to help ensure the appropriate and responsible handling of the tax dollars entrusted to
them.
Motion: Councilwoman Pritchett moved to approve Rezoning Request Z11 -003 - GC to GC- Conditional
for the construction of a convenience store /gas station - 1.75 acre tract - Land Lot 810 - 2528 and 2550
Spring Road - RaceTrac Petroleum, Inc., including all of the special stipulations as read into the record by
Mr. Suddreth.
Mayor Bacon acknowledged Councilman McNabb, who addressed the City Attorney regarding the
stipulations as presented and agreed to by RaceTrac and asked if the GC conditional as requested would be
permanently in affect or in place only as long as RaceTrac maintained a facility on that property. Mr.
Cochran responded that it represented a permanent change to that land parcel.
Councilwoman Anulewicz commented that for every development brought before Council her goal was to
project 20 years. She made known that her concerns regarding the RaceTrac had been addressed and that
the station would be a vast improvement over the current structures. She referred to the comment regarding
the Costco gas station, mentioning that it was restricted to members. The Councilwoman shared that she
understood opposition to this development and that the concerns of residents were being taken into
consideration, as well as those of RaceTrac competitors. She remarked that the zoning use was appropriate
and that her expectation was that RaceTrac would be a good neighbor and citizen.
Councilman Newcomb discussed the wide variety of possible GC businesses that were allowable on that
property and his concern that existing buildings could be utilized for uses that the community would not
enjoy seeing there. With the heavy flow of traffic past the site he felt that it would be a convenience for
frequent travelers and concurred with the citizen that commented on traffic reduction at other intersections.
Councilman Newcomb expressed regret that the subject property had not been redeveloped during better
economic times and explained that Mayor and Council, by law, could not pick and choose what kind of
business could be built on private property if it was in compliance with the zoning as defined in the City
ordinances. He supported the assertion that a halo effect would occur.
Motion was seconded by Councilman Newcomb and approved 7 -0
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July 18, 2011
(B) Public Hearing - Zoning Amendment Request Z 11 -007 - Modification of currently approved site plan
- 0.31 Acres - Land Lots 488 & 489 - 2655 and 2703 Grady Street - Polk Street Development (TA)
Mayor Bacon confirmed the presence of the applicant and asked Mr. Taylor to provide the background. Mr.
Taylor explained the details of the modifications and stated that staff had reviewed the site plans and
conditions and recommended approval.
Mayor Bacon stated that this was a public hearing and asked for comment, advising all those that wished to
speak to approach and be sworn in and recognizing Councilwoman Anulewicz, who read aloud the zoning
amendment. She acknowledged Mr. Suddreth, who delivered a presentation outlining the modification and
stating that all of the existing conditions were being maintained with the exception of number 19.
Councilwoman Anulewicz confirmed this modification represented a return to the original plan for one lot
and Mr. Suddreth responded in the affirmative.
Ms. Birrell Adams, residing at 1095 Powder Springs St., stated her concern about the length of the
driveway, it's proximity to her property line and her opinion that it did not provide enough room for a turn-
a -round at that site. She explained that this would necessitate the resident backing out directly onto Powder
Springs St., which represented a safety hazard. Mayor Bacon and Councilwoman Anulewicz asked that the
representative address Ms. Adam's concern and recognized owner of Polk Street Development Mr. Skip
Harper, who discussed the status of development, the physical constraints which required the modification
and assured all present that the property's driveway would have a turn -a- round. Councilwoman Anulewicz
inquired about potential marketability challenges and Mr. Harper stated he felt there were none. Mayor
Bacon asked Ms. Adams if her question had been sufficiently answered.
MOTION: Councilwoman Anulewicz moved for approval of Zoning Amendment Request Z11 -007 - 0"9"
Modification of currently approved site plan - 0.31 Acres - Land Lots 488 & 489 - 2655 and 2703 Grady
Street - Polk Street Development. Motion was seconded by Councilman McNabb and approved 7 -0.
5. PRIVILEGE LICENSES:
(A) Public Hearing -new application for owner and agent- Precious Metal Dealer -My Jeweler - Darlene
Brown -1420 Spring Road (TA) To be tabled to August 1, 2011
Mayor Bacon stated that this item was tabled to August 1, 2011 and recognized Councilwoman Anulewicz.
Councilman Lnenicka stated that the property was located in Ward 6 and moved to approve tabling the item
to August 1, 2011. Motion was seconded by Councilman Wood and approved 7 -0.
6. FORMAL BUSINESS:
(A) Public Hearing - 2011 North Smyrna Urban Redevelopment Plan with intent to secure an Opportunity
Zone designation (RN)
Mayor Bacon recognized Mr. Taylor, who stated this was a public hearing for the purposes of developing a
redevelopment plan with the intent to secure an Opportunity Zone designation. He explained that an Urban
Redevelopment Plan was a planning document that gave local government broad powers to revitalize or
redevelop distressed properties. He elaborated that an Opportunity Zone is an incentive offered by the State ......
of Georgia, administered by the Department of Community Affairs and provides business owners inside the
designated area with the State's maximum Job "Tax Credit ($3,500.00 per job for 5 years) at its lowest job
creation threshold (2 new jobs). An Opportunity Zone must be located in either an Urban Redevelopment
Area or an Enterprise Zone. Mr. Taylor recognized Andrea Hall of Community Development and Mayor
Bacon explained that he would open the floor to public comments following Ms. Hall's presentation.
July 18, 2011 7
Ms. Hall delivered a presentation with the details of the North Smyrna Urban Redevelopment and shared
MOM with all present that the draft document was available online on the City's website. She reviewed the areas
to be included in the proposed Opportunity Zone and the criteria considered. She discussed the City's
existing projects and key target areas including the four corners areas, South Cobb Plaza /Hickory Lakes
area, Cobb Center, Belmont Hills, Ward St. connector and Windy Hill connector. She mentioned the City's
past purchases of property, stating that the capacity of the City to do that is limited and that private
development is encouraged. She made know that, if approved, staff could proceed with the application
process that would take approximately 60 -90 days and provided the website address where the plan was
publicly available.
Councilman Lnenicka asked Ms. Hall how long staff had been working on the Opportunity Zone plan and
she responded that it had been nearly a year. The Councilman expressed his concern that some might have
the impression that this action was in response to the Spring Rd. item just discussed. He noted that this plan
had been under consideration and development for a long time and Ms. Hall clarified that Spring Rd. was
not in the proposed plan because it did not fit the State's criteria.
Mayor Bacon recognized Councilman McNabb, who wanted to address potential citizen concerns. He
inquired if the City would be able to force a business to convert or move if they were located in a structure
originally built as a residence. Ms. Hall responded that the program was simply an opportunity for
businesses wishing to take advantage of a state tax credit for job creation. Councilman McNabb clarified it
was an opt -in program and it was made known that the only role of the City would be to certify that a
business was located within the zone. Councilman McNabb referred to earlier citizen comments about bad
zoning and asked if the Council could collectively vote to rezone a business out of existence. Ms. Hall
responded in the negative. She explained that the proposed plan dealt only with existing plans, zoning and
approved future land use plans. The Councilman referred to an earlier discussion about property adjacent to
distressed structures and asked if a closure could be enacted due to an owner's lack of re- investment and
improvements. Ms. Hall stated that the City could not take action not provided for in the ordinances unless
the Fire Department declared there were health or safety issues. Councilwoman Anulewicz asked where, on
the website, the draft plan was available and Ms. Hall replied that a direct link would be available on the
homepage.
Councilman Newcomb stated that it was a public hearing and encouraged interested parties to utilize the
resources at the City to answer their questions regarding this plan. He commented that the state designation
would provide a valuable opportunity for those in the zone, elaborating that there was no secret clause or
hidden agenda. He assured all present that it was not a rezoning, didn't set up a rezoning or allow the
government the ability to take action greater than that it could currently exercise. He made clear that it
didn't change future land use plans and provided an incentive to create jobs, receive a tax credit and
possibly be a positive feature for those interested in selling their properties. Ms. Hall also stated that there
were no hidden agendas and that, if approved by the State, the zone would be in place for ten years.
Mayor Bacon stated that this was a public hearing and that all those wishing to be heard approach and be
sworn in.
The owner of 865 Cherokee Trail expressed concern that the proposed map appeared to include the adjacent property and perhaps a portion of his and inquired if the creation of an opportunity zone could take
the neighboring property and what that would mean for him. Ms. Hall responded that the opportunity zone
would not affect what could be done with his property and they agreed to discuss further after the meeting.
Michael Farkas, of Carrolton, and owner of three commercial properties on Windy Hill inquired about the
proposed expansion of Windy Hill Rd., how it would affect his road frontage and access. Mayor Bacon
July 18, 2011 `
noted that several public hearings had already taken place regarding the Windy Hill Rd. improvement and
touched on the scope of that project.
Councilman Newcomb clarified that the letter sent out by the City identified designated zones of properties
eligible to qualify for the tax incentive program and was independent of the Windy Hill Rd expansion
project. He went on to explain that there was a reference to the Windy Hill project in the letter because the
City had to outline its plan for the redevelopment of Smyrna. However, support and enactment of an
opportunity zone in no way obligated the City to pursue the Windy Hill project.
Mayor Bacon introduced a representative of Croy engineering, which had been instrumental in preparing
the Windy Hill conceptual design, extending an offer for that the representative to meet and answer
questions after adjournment. He also encouraged all present to contact either himself, Andrea Hall at
Community Development or the City Administrator with questions or concerns.
Councilman Newcomb shared that this topic would be on the August 1, 2011 agenda as well.
7. COMMERCIAL BUILDING PERMITS:
Mayor Bacon stated that there were none.
8. CONSENT AGENDA:
(A) Approval of July 5, 2011 Mayor and Council Minutes
(B) Approval of City Fund Balance Policy
(C) Approval of partial road closure in the vicinity of Hawthorne Circle for a back to school community
outreach for children on August 6, 11:30 - 4:00 p.m.
(D) Approval of road closure for Sanford Place from Powder Springs Street to Bank Street for Smyrna
Public Safety Benefit held at Cobb Park from 11:00 a.m. to 5:00 p.m. and motorcycle ride and car show
and cookout on August 13, 2011
(E) Approval for Campbell High Athletics and ROTC to conduct a 5K Road Race and children's road race
November 5, 2011 assembling at 7:00 a.m. and ending at approximately 9 a.m. (Route - from High
School, Ward Street, Powder Springs Street, Stonecreek Road to Bank Street to King Street, around Village
Green Circle and back onto Powder Springs Street, to Ward Street to Campbell High School parking area)
(F) Approval for South Cobb Drive Coalition (residents and business owners) to meet in the Council
Chamber July 19, 2011 from 7:00 p.m. - 9:00 p.m.
(G) Approval and adoption of new personnel policies EMP 6 -0 Pay Practices, EMP 6 -01 Shift Differential
Pay and LVE 1 -03 Annual Leave Purchase Program
(H) Approval of Revisions to Personnel Policy - EMP 16 -0 Prohibited Conduct
(I) Award Bid RFP #11 -029 to for the Renovation of the Senior Aquatic facility at the Wolfe Center to
Atlantic Building Specialties, Inc for $91,800 and Mayor to sign and execute related documents
(Construction will be done with 2010 CDBG fluids)
July 18, 2011
(.1) Approval of Birthday Celebration 2011 Market Village Expansion Sat., Aug. 6, 2011, from 2:00 p.m.- 9
10:45p.m.
Mayor Bacon acknowledged Mr. Taylor, who read aloud the consent agenda to all present.
MOTION: Councilman Lnenicka moved to approve the consent agenda. Motion was seconded by
Councilman Wood and approved 7 -0.
9. COMMITTEE REPORTS:
Mayor Bacon acknowledged Councilman Wood, who called upon Robert Porche to deliver a financial
report. Mr. Porche shared that his department was in the process of closing out the year and would present a
detailed report at the next council meeting.
Councilman Wood announced to all present that he would not seek a seat on the council in the upcoming
elections and thanked the citizens of Ward 7 for allowing him to represent them over the past 20 years. He
stated that it had been a great honor to work with the Mayor and members of Council, both past and
present, and that he was proud of the many accomplishments of the City's governing bodies throughout his
term of service.
Mayor Bacon shared that Councilman Wood had informed them the week prior that he would not seek re-
election and commented that the Councilman had been a life -long resident of the City of Smyrna, a banker,
member of the DDA and Chair of the Finance Committee. He expressed his complete trust of Councilman
Wood and praised his exceptional character, recognizing his great family and stating that his service and
knowledge would be greatly missed.
Mayor Bacon recognized Councilman Lnenicka, who asked Police and Fire for reports. Chief Hook stated
that applicants were being processed and that there had been a significant reduction of calls since Hickory
Lakes was vacated. Chief Lanyon announced that the six firefighters, funded by a FEMA grant, had been
hired. He reinforced Chief hook's observation regarding Hickory lakes, commenting that his team was
routinely dispatched several times a day to that location. He informed all present of the challenges of code
compliance at that property and relayed that a comprehensive survey of that site netted a list of code
violations totaling nearly 500 pages which the City addressed. Chief Lanyon noted that had done been
immediately following the annexation of the complex into the City and that regular inspections to enforce
ordinances had been a constant challenge due to the age of the property. He asserted that the closure of that
property had taken a huge burden off the Fire Department, saving significant taxpayer dollars.
Mike Seigler highlighted the remaining summer reading program activities and thanked Pinkberry for their
donation and Councilman Smith congratulated Mr. Seigler on the efficiency of the renewal process on the
City Library's website. The Councilman then recognized Steve Ciaccio, who discussed the consent agenda
item for the RFP bid award at the Wolfe Center and the details of that renovation. Mr. Ciaccio spoke about
the upcoming birthday celebration event on the first weekend of August and provided highlights of the
festivities, encouraging all to attend and to consider carpooling.
Councilman Smith announced that he would not be seeking office during the upcoming elections. Mayor
WM Bacon stated that the Councilman had been in office for eight years, lauded his character and shared with
all present that he would be missed.
Mayor Bacon recognized Councilman McNabb, who made known that Public Works had no report, after
which he delivered the Keep Smyrna Beautiful presentation in Ann Kirk's absence, acknowledging recent
volunteer efforts throughout the conununity.
July 18, 2011
10
Mayor Bacon called upon Councilwoman AnUICNvicz, who asked Kay Bolick to present a report for HR.
Ms. Bolick congratulated those employees celebrating service anniversaries, including David Elrod (5),
Teresa Forbes (10) and Frank Martin (25). She mentioned the large number of job postings and encouraged
all to review the positions in person or online, listing several of those available. Councilwoman Anulewicz
congratulated Campbell Middle School on their I13 designation and thanked Ms. Bolick for her efforts on
updating the City's policies and procedures. She informed all present of the current status of the Jonquil
site and that it was currently in compliance.
Councilman Newcomb asked Ken Suddreth to present his June statistics report and Mr. Suddreth provided
the details, after which Councilman Newcomb commented on the retirement announcements of
Councilmembers Wood and Smith.
Mayor Bacon recognized Councilwoman Pritchett, who stated that there was no report from Court. She
mentioned that the senior living facility on Woodbrooke Terrace would have its grand opening on August
26, 2011, encouraged all to attend and provided details of the event.
Mayor Bacon acknowledged Mr. Eric Taylor who discussed the Management Fellow program at the City,
introduced former fellow Jered Sigmon and Monica Jones, currently employed with the City and welcomed
newest Fellow Kevin Klosterboer.
10. SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
11. CITIZEN INPUT
Mayor Bacon recognized Al Graves of 1079 Pinehurst Dr., who expressed his concerns about some of the
comments made during the state of the city luncheon address. He stated that, in his opinion, placing citizen
comment at the end of the meeting, setting a time limit for speakers and utilizing an electronic timer, gave
the impression that Mayor and Council had little regard for public and citizen comments. He shared his
opinion that planning meetings that citizens could attend were not conducted. He commented on the
purchase of Hickory Lakes and other apartment complexes and asserted that the City had created nearly 23
million dollars in debt, greater than that which was approved through referendum on the Park bond. He
stressed that he was disturbed that the governing body was not more accessible.
Alex Backry, residing at 3459 Shawnee Trail, commented on technical difficulties of the meeting and
raised the topic of Hickory Lakes, accusing the City of not having a redevelopment plan for that property
and participating in speculation. FIe expressed his opinion that residents could have remained in place until
demolition actually began and stated his preference that a town hall or referendum had been called prior to
the purchase of Hickory Lakes and Smyrna Commons. Mr. Backry referred to an interview with Ms. Hall
and suggested that the Council's energy be spent on existing businesses. He addressed the Mayors
comment about the lack of citizen involvement, asserting that town hall meetings would encourage citizen
input. Mr. Backry submitted to all present that the original owners of Hickory Lakes had received 38
million dollars with 15 million in write -offs and 1325 violations. He informed all present that the FBI was
conducting an investigation of Hickory Lakes.
Sean Murphy, tenant at 982 McLinden Avenue. asked that Council consider code modifications designed to
improve schools by getting quality permanent residents. He shared that in his neighborhood, older homes
that could not sell were being converted to rentals at a rapid rate and that he would like to see adequate
funding allotted to ensure proper code enforcement. Mr. Murphy suggested that a code restricting
July 18, 2011
11
commercial use vehicles with extensive marketing displays by considered and that the environmental
code be updated to include regulation of noxious vines. He expressed his support of the Mayor and
4"Oft Council's decision to purchase Hickory Lakes, expressing his opinion that it was a great time to do so and
that he was confident that a successful redevelopment would occur.
Judy Ussing of 1005 Mill Pond, commented on the state of city address and, in particular, Mayor Bacon's
comment regarding Kenny's key lime pie. She produced a pie at the podium and stated that she always
keeps one in her freezer to enjoy with her friends. She suggested that Mayor and Council be more
respectful of involved citizen's and opined that she had always shown respect. Ms. Ussing inquired about
the 38 million dollars in federal funds that was supposed to be used to renovate Hickory Lakes apartments
back in 2002 along with the 15 million dollar tax break. She stated that the City had annexed Hickory
Lakes in 2004 and was reminded that her time had expired.
Mayor Bacon made comment that he was available to meet or discuss with citizens regarding their issues in
addition to the public forum.
With no further business, the meeting was adjourned at 10:13 o'clock p.m.
A. MAX BACON, MAYOR
SUSAN D. HIOTT, CITY CLERK
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