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11-07-2011 November 7, 2011 November 7,2011 1 PI ,,, Mayor and Council Meeting November 7, 2011 All council members were present. Also present were City Administrator Eric Taylor, City Attorney Scott Cochran, City Clerk Susan Hiott, Keep Smyrna Beautiful Director Ann Kirk, Police Chief Stan Hook, Finance Director Robert Porche, 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 introduced Pastor Jamie Auton of King Springs Baptist Church, who conducted the invocation and led all present in the pledge to the flag. Mayor Bacon stated that the church would be happy to welcome new members. Councilman Newcomb addressed the Pastor, commenting on a recent memorial service conducted for John McClinden at that church and praising the handling of that event and expressing his gratitude. AGENDA CHANGES: Mayor Bacon stated that there Public Hearing item (A) would be tabled until the 21st of November. He shared that Consent Agenda items (B) would be removed. MAYOR'S REPORT: ThL,Mayor announced that the presentation of the character education word would be presented by students from Brown Elementary and reminded all present that the following day was Election Day. He provided polling times, ballot items and shared that the number of absentee ballots and early voting had doubled since the previous election. Mayor Bacon introduced the students from Brown Elementary and recognized the parents and principal. The students introduced themselves and delivered a presentation on the word Democracy. The Mayor expressed his appreciation and asked all parents and school staff to stand and be recognized. Mayor Bacon announced a Proclamation in Recognition of National Alzheimers Disease Awareness Month and recognized Councilman Lnenicka to read aloud the document. Councilman Lnenicka introduced Carrie Springer, Marketing Director for Woodland Ridge and offered his condolences on the recent loss of her brother. He lauded Ms. Springer's efforts at that non-profit facility and made known that he served as a volunteer Boaid member for Woodland Ridge. Mayor Bacon thanked Woodland Ridge for the services provided and recognized the quality of assistance programs located in the city. Ms. Springer invited all to take advantage of the free memory screenings offered by her organization, stating the time and location those would be made available. November 7,2011 2 Mayor Bacon asked that Ms. Ann Kirk, Director of Keep Smyrna Beautiful, along with Angie Bolton come forward. The Mayor shared the extraordinary volunteer efforts of IBM employee Ms. Bolton and remarked on both her and her employer's commitment to the community. Ms. Kirk discussed the partnership between IBM and the city, commenting on the thousands of hours donated each year and the variety of projects involved. Ms. Kirk shared that Ms. Bolton was the initiator and coordinator of those activities as well as being a member of the Smyrna Education Foundation. She made known that even though Ms. Bolton did not live in the city of Smyrna she had helped make IBM an outstanding corporate citizen through her involvement. Ms Kirk mentioned an article in the Marietta Daily Journal showcasing Ms. Bolton and announced the presentation of the Carolyn Crayton woman of the year award that Ms. Bolton would be receiving at the upcoming Keep Georgia Beautiful Foundation luncheon. Mayor Bacon presented Ms. Bolton with a framed article from the MDJ and praised her efforts. The Mayor expressed his gratitude to both Ms. Bolton and IBM for being actively involved in the community and enriching the city. Ms. Bolton thanked Community Relations Director Jennifer Bennett and Councilman Wood for their assistance in establishing the City's partnership and recognized the efforts of Ms. Kirk. Mayor Bacon acknowledged Ms. Vicki Mudd to discuss the details of Campbell High School's Spartan Sprint 5K run. Ms. Mudd provided the details of the race, stating that it was a Peachtree qualifying event. LAND ISSUES/ZONINGS/ANNEXATIONS: •• (A)Public Hearing- Approval of Ordinance #2011-16, text amendment to Section 712 of the Zoning Ordinance with regards to allowing outdoor retail sales as a permitted use under the General Commercial zoning district- City of Smyrna Tabled from October 17, 2011 meeting to November 7, 2011 Meeting - To be tabled until November 21, 2011 meeting Mayor Bacon announced that this was a public hearing and called for comment. There was none. MOTION: Councilman Newcomb moved to approve Ordinance 2011-16, text amendment to Section 712 of the Zoning Ordinance with regards to allowing outdoor retail sales as a permitted use under the General Commercial zoning district - City of Smyrna be tabled until November 21, 2011. Motion was seconded by Councilwoman Pritchett and approved 7-0. PRIVILEGE LICENSES: (A) Public Hearing-New owner and agent-retail pouring sales of beer, wine, and liquor- Dos Amigos Cantina, LLC dba Dos Amigos Cantina-William Andrew Bowen-2590 Spring Rd ,ow! Mayor Bacon asked the applicant to approach and called on Mr. Taylor to provide the background. Mr. Taylor read aloud the details of the application request and stated that Amminiimmon November 7,2011 3 Mr. Bowen had received a copy of the alcoholic beverage ordinance and attended the mandatory alcohol awareness workshop. He made known that a background check by the police department had failed to produce any reason that the license should not be granted, that staff had reviewed the request and recommended approval. Mayor Bacon stated that this was a public hearing for a previously licensed location and asked for comment. There was none. Councilwoman Pritchett acknowledged the restaurant's chef, asking that he discuss his restaurant. Chef Patrick explained that he had partnered with his father, former founder of Pano and Paul's and co-founder of the Buckhead Restaurant Group. He shared that together they had opened award-winning Social Vinings and Vinings Fish Market and had high expectations for this venture. He stated that his restaurants were known for their outstanding service and food and would be bringing about 40-50 new jobs to Smyrna. Attorney Lisa Morchower of Berman, Fink and Van Horn introduced herself. Councilwoman Pritchett addressed Mr. Bowen, inquiring if he had previously held a license. He responded that he had not and that this would be his first time managing. He elaborated that he had been in the industry a number of years and had held a permit for quite some time. Councilwoman Pritchett explained that the city operates periodic stings and questioned the policies and procedures he planned to follow to ensure compliance. Mr. Bowen highlighted the daily emphasis with employees to check every I.D., every day. He explained further the employee training program, tests and requirements, with +o• the Councilwoman stressing the severity of punishment for violations. There was discussion about the opening date and hours of operation. MOTION: Councilwoman Pritchett moved to approve new owner and agent-retail pouring sales of beer, wine, and liquor-Dos Amigos Cantina, LLC dba Dos Amigos Cantina-William Andrew Bowen-2590 Spring Rd. Motion was seconded by Councilman Newcomb and approved 7-0. FORMAL BUSINESS: (A) Adoption of Ordinance 2011-18 adding Section 94-28, Article II, Charge on Prepaid Wireless Transactions, of City of Smyrna Code of Ordinances, permitting the collection of 911 fees on the sales of Pre-paid Wireless Telecommunications Mayor Bacon read the item aloud and called upon Mr. Taylor to provide the background. Mr. Taylor explained that HB 256 allowed for local governments to require a 75 cent per retail transaction on prepaid wireless as a 911 fee. He stated that an ordinance had to be passed and submitted before the end of 2011, that this item had been reviewed with staff recommending approval. Councilman Lnenicka submitted that this was an issue of fairness. He stated that land lines and contracted mobile service customers paid $1.50 month for 911 services and 01"" disposable device users should share in the responsibility of those costs. November 7,2011 4 MOTION: Councilman Lnenicka moved to approve Adoption of Ordinance 2011-18 adding Section 94-28, Article II, Charge on Prepaid Wireless Transactions, of City of Smyrna Code of Ordinances, permitting the collection of 911 fees on the sales of Pre- paid Wireless Telecommunications. Motion was seconded by Councilman Wood and passed 7-0. (B)Appointment of Ward 3 Tree Board Councilwoman Anulewicz shared the qualifications of Ward 3 Tree Board member Sue Krieger. She mentioned Ms. Krieger's keen interest in the tree canopy and her spectacular garden that was featured on the recent garden tour. She made known Ms. Krieger's pursuit of a horticultural degree and arborist certification at the North Metro campus of Chatahoochee Tech. Councilwoman Anulewicz detailed the manner in which the appointee to succeed Ms. Sonia Ingles had been selected and was thankful for all of the Ward 3 residents that had expressed an interest in being involved. The Councilwoman informed all present that she had used emails, facebook and her regular newsletters to recruit candidates and had received four responses. MOTION: Councilwoman Anulewicz made a motion to approve Sue Krieger, residing at 1407 Spring St., as the Ward 3 Appointee to the Tree Board. Motion was seconded by Councilman Newcomb and approved 7-0. (C) Approval of Ordinance 2011-19 suspending until November 21, 2011 all sections °"I mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances Mayor Bacon read the item aloud and called upon Mr. Taylor to provide the background. Mr. Taylor explained that at the October 3, 2011 Mayor and Council Meeting it was voted to suspend all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Mr. Taylor stated that staff was still working on this and recommended the suspensions be extended until November 21, 2011. MOTION: Councilman Lnenicka moved for Approval of Ordinance 2011-19 suspending until November 21, 2011 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Motion was seconded by Councilman Wood and approved 7-0. COMMERCIAL BUILDING PERMITS: Mayor Bacon stated that there were none. CONSENT AGENDA: Mayor Bacon made known that item (B) would not be included and acknowledged Mr. Taylor,who read the consent agenda. November 7,2011 5 (A) Approval of October 17, 2011 Mayor and Council Meeting Minutes (B) Award of RFP 12-020 Workers' Compensation TPA and authorize Mayor to execute related documents (Removed) (C) Award bid RFQ 12 006 Tree Planting Project to the lowest bidder Pebblestone Landscape Group for $14,302.00 and authorize the Mayor to sign and execute any related documents (D)Award RFQ 12 022 Heathridge Court Drainage Improvements to the lowest bidder C & L Contractors for$31,898.50 and authorize the Mayor to sign and execute any related documents (E) Award RFQ 12 023 Dunn Street Drainage Improvements to the lowest bidder Tople Construction &Engineering for $52,553.50 and authorize the Mayor to sign and execute any related documents (F) Award RFQ 12 024 Smyrna Hill Drive Storm Sewer to the lowest bidder Campbell Contracting for$72,085.00 and authorize the Mayor to sign and execute any related documents Mayor Bacon mentioned the removal of item (B) and called on Mr. Taylor, who read aloud the Consent Agenda. MOTION: Councilman Lnenicka moved to approve the Consent Agenda. Motion was seconded by Councilman Wood and approved 7-0 COMMITTEE REPORTS: Council Member Pritchett addressed Ms. Hiott, who did not have a report for Court Services. The Councilwoman confirmed voting locations and hours and mentioned that she was running for re-election in Ward 1. Councilwoman Pritchett stated her platform was based on stabilizing vision and outlined the components of such. She shared that she had teams of volunteers ready to assist in establishing community roundtables with businesses and residents as part of a goal to facilitate local leadership. Councilwoman Pritchett explained the importance of developing future leaders from among the various appointees on community Boards. The Councilwoman made known her intent to establish virtual town hall meetings and stressed the critical nature of parental involvement and community support of schools and local PTA organizations. She announced that citizens could also be actively involved in community education through the Smyrna Education Foundation. Councilwoman Pritchett discussed the need for architectural blending on the Spring Rd. corridor with the objective of creating a sense of place and an inviting entrance into the city. She mentioned a group of citizens interested in volunteering to improve the aesthetics of the ,,, Campbell Bridge. The Councilwoman shared her recent visit to the 55 plus Galleria Manor, emphasizing the importance of age friendly housing and the need for senior involvement. Councilwoman Pritchett voiced her desire to see walkable business mixes incorporated into November 7,2011 6 the city that could blend the commercial and residential portions of Ward 1. Councilwoman • Pritchett stated that with three incumbents retiring her experience on the Council was valuable and asked for all to vote for her in the upcoming elections and providing her new website www.mellenywardl.org. Councilman Newcomb stated that he encouraged all to vote and yielded with no further report Councilwoman Anulewicz stated that HR had no report. She shared voting locations and times for residents of Ward 3 and encouraged all to take part. The Councilwoman clarified matters surrounding the recent filming at Campbell High School where there had been an agreement between 20`" Century Fox and Cobb County School District. She announced that the City had issued permits for street closures and that the Smyrna Police Department and provided traffic assistance but that permits were not related to Community Relations or social media. She mentioned the numerous benefits received by the school as part of the event, including the painting of the stadium and contributions to the PTSA for the participation of extras. The Councilwoman stated that a few complaints regarding noise had been made and that staff had addressed them. She shared that the City would be drafting an ordinance related to filming in anticipation of Atlanta's growing film industry and asked anyone with questions to contact her. Council Member McNabb outlined the number of street paving projects taking place, provided estimated timeframes and asked that those residing on affected streets not utilize street parking. He commented on the presentation about Democracy delivered by the students """° of Brown elementary on the eve of elections. He praised that school, its administrators and educators and opined that he would like to see Brown remain open in light of the redistricting under consideration. He remarked on its status as a neighborhood school and the number of Smyrna residents that were alumni or actively involved at that educational facility. Councilman McNabb made known that voting for Ward 4 would take place at Brown Elementary and that he was running for re-election. He commented on the multi-faceted nature of being a Councilmember and talked about the amount of discussion that occurred in an attempt to reach consensus on items prior to them being placed on an agenda. He opined that the next 4 years would be very difficult and that he was committed to voting on what was best for the community, sharing that he had been raised here and was still raising a family in the City. He commented that Smyrna had always been a great community with high community involvement and stated his dedication to maintaining a small town atmosphere with lower rise buildings, lower density housing and an emphasis on boutique retail. Councilman Smith commented that he was stepping down from his post and recognized the Ward 5 candidates in the audience. He informed all present of the Belmont Elementary voting location and hours for Ward 5 and encouraged all to participate. The Councilman mentioned the recent time change and reminded all to check their smoke detectors. Councilman Lnenicka informed all present of the upcoming Veterans Day ceremony, remarking on the significance of it being held on 11-11-11 for the first time since Armistice Day. He provided the location,time and highlights planned for the event. Councilman Lnenicka paid homage to Marietta resident, Carol Sonenfeld, who had been actively involved with the Veteran's community, served on the Planning Commission and November 7,2011 7 Board of Education for the City of Marietta. He stated his desire to address questions about election issues, citing the contention about the Council's vote on Glock. He refuted statements claiming that the City was beholden to that corporation and that payments had been made to staff or officials. The Councilman clarified that, like other corporate citizens, Glock had donated to the Public Safety Foundation and expressed his appreciation for their supp,)rt. He relayed that the Mayor and Council did not serve on the Public Safety Foundation's Board, which made the decision to use contributions for the purchase of a police dog for the City. He elaborated that, in fact, the City invested money to purchase a K-9 vehicle and ensure the proper training of the animal. Councilman Lnenicka strongly asserted that he was not beholden to Glock, had never been in their offices and never received any personal or campaign contributions from them. Councilman Lnenicka raised the issue of concerns about Mayor and Council receiving pay increases when employees were not. He gave his assurances that this was not the case and clarified that this Council had made the decision to forego the staggered increases approved by the previous Council. He commented on the foresight of Mayor, Council and staff to anticipate economic conditions based on decreased revenue. Councilman Lnenicka shared that those returning Council members had already elected not to take the scheduled raises and made known his desire that incoming candidates would choose to do likewise Councilman Lnenicka commented on the democratic process from a Veteran's perspective and encouraged all to take place in the electoral process. He mentioned his newsletter for residents of Ward 6 and that he could be contacted through his website SOO www.wadeforsmyrna.com, expressing his gratitude and honor at being asked to serve again. Councilman Wood recognized Mr. Robert Porche, who did not have a report. The Councilman stated that he was not seeking re-election but did encourage all to vote. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Mayor Bacon acknowledged Karleene McNabb of 750 Austin Dr., who made known that she was Councilman McNabb's wife and thanked the current Council for their leadership in a depressed economy. She stated her appreciation for the efforts of Council and staff to balance the budget without increasing taxes, avoid furloughs, raise the credit rating and do more with less. Mrs. McNabb announced her support of the City's decision to purchase the dilapidated and drug-ridden Hickory Lakes apartments. She opined that no family should have to live in those conditions and commented positively on the financial relocation assistance offered by the City to residents at that apartment complex. Mrs. McNabb stressed the importance of improved quality of life in increasing school performance, highlighting the resultant retention of businesses and young families in Smyrna. She asked that leadership continue making similar strategic purchases. Mrs. McNabb suggested all citizens conduct due diligence prior to voting, stressing the need MINIM for experienced, strategic decision makers on Council and asking all present to vote for Councilman McNabb. November 7,2011 8 Mayor Bacon called on Ziad Salameh, candidate for Ward 7, who expressed his gratitude to God for the talent and wisdom to offer his knowledge to the City. Mr. Salameh thanked his wife for her support during his campaign as well as the committee members that assisted in his promotion. He stated his pleasure at meeting the residents of Ward 7, the hospitality he received and the input of those with whom he was able to share his vision for the City. He commented on the pronunciation of his name and asked the Mayor for his vote as a resident of Ward 7. Mayor Bacon acknowledged Andrea Blustein, Ward 2 candidate residing at 2407 Country Park Dr., who thanked the Mayor and Council for their efforts. She commented on her recent heightened awareness of the amount of time representatives spent working on issues and expressed gratitude to Councilman Newcomb for his 22 years of service. Ms. Blustein made known that she had lived in Smyrna since 1987, was retired from Delta, served as the president of her HOA, been on the DDA and served on the Planning and Zoning Board twice. She offered her commitment to the residents of Ward 2 and encouraged all to vote. Mayor Bacon announced Susan Wilkinson of 2805 Stonecreek Rd., who relayed her enjoyment at meeting Ward 5 citizens during her campaign. She stated her pride at being a resident of Ward 5 and an active participant in the democratic process. Ms. Wilkinson expressed her gratitude to Councilman Smith for his service. Mayor Bacon called upon Alex Backry of 3459 Shawnee Tr., who commented on the disappearance of campaign signs and the aggravation caused. He questioned the handling of the investigation into Glock, musing why the City had turned the case over to the Cobb County D.A. and not sought the immediate assistance from the F.B.I. until the matter was brought to attention by an internal whistleblower. Mr. Backry stated his support of the absentee balloting being handled by Cobb County, stating that it was the first time and was corrected by the City Clerk. He announced his candidacy for Mayor and asked all present to vote for him. Mayor Bacon called on Al Graves of 1079 Pinehurst Dr., who commented on the purchase of apartment complexes in Smyrna over the past 4-5 years. He opined that these represented significant financial exposure of taxpayer money when total costs were considered. He stated his disapproval of the level of communication to Smyrna citizens prior to deals being conducted and stated that the purchase amounts were on par with the Smyrna Parks Bond. Mr. Graves commented that the latter had been conducted by referendum. He shared his hope that regular town hall meetings would be established and that, while he had no intention of running for office, he would continue to attend meetings and address Mayor and Council about his concerns. Mr. Graves encouraged every citizen of Smyrna to get out and vote for the candidate of their choice, citing low percentage in previous turnouts. He opined that citizens did not feel engaged and were uninvolved as a result. The Mayor recognized Vic Yankouski of 3905 Plumcrest Rd., who announced he was a candidate for Ward 7. He shared his experiences knocking door to door and relayed the November 7,2011 9 concerns of citizens regarding the reinstitution of the leaf program. He also mentioned his desire to have three industrial zoning classifications instead of one with the goal of more effectively addressing scenarios like that with Glock. Mr. Yankouski asked all present for their support and made known his website at www.electvic.com. Mayor Bacon acknowledged Judy Ussing, residing at Mill Pond Dr., who shared that candidate for Ward 4 Judith Causey Jones was unable to attend due to a family emergency. She relayed a message from Ms. Jones and stated her support of that candidate, asking others to do likewise. Ms. Ussing referenced a recent article in the AJC about prosecutions being brought against Glock and the assertion that City officials benefited from the company. She stated that Glock had not paid any city taxes and mentioned the building permit fees that had been collected. Ms. Ussing expressed her extreme displeasure at the interaction between the City, Cobb Chamber of Commerce and residents adjacent to Glock as it pertained to the development there. She condemned the loss of forestry and the federal funding received by the Glock Corporation, claiming that awarded contracts were supported by local resident tax dollars. Ms. Ussing cited an incident involving an overturned dump truck and alterations to the view of resident Henry Greer as examples supporting her concern that Mayor and Council were not focused on the best interest of the citizenry. Mayor Bacon interjected that the statement that Glock had not paid taxes was inaccurate. mow The Mayor called on Howard Martin, residing at 3435 Lee St., who asked all citizens to get out and vote. He reminded all present of the sacrifices individuals had made so that Americans had the freedom to vote in elections, sharing that he had known someone that lost his life in Vietnam. Mr. Martin expressed his opposition to the alcohol referendum, opining that six days a week that alcohol could be purchased was sufficient. He relayed a personal anecdote where he witnessed a 12 year old girl killed by a drunk driver and suggested that those who could not go a day without access to alcohol should consider treatment. Mr. Martin addressed Councilman McNabb regarding asphalt that had fallen off a dump truck leaving the Forest Hills paving project and asked that a clean-up crew be sent out. Mayor Bacon called on Mary Kirkendoll of 1078 Oakview Ave., who lamented the vacant lots, empty stores and declining home values in the City. She opined that city officials were inaccessible and criticized city employees who had jobs and benefits while Smyrna's unemployment rate was higher than the state's average. She cited business growth and community development in other cities, claiming the only activity in Smyrna was the purchase of apartment complexes. Ms. Kirkendoll addressed Councilman McNabb, asserting that the Hickory Lakes and Smyrna Commons were purchased using the city fees,jail bonds, court fines and property taxes included in the city's reserve fund. She concluded that put taxpayers on the hook for those purchases. She expressed her disapproval of the construction of the new Smyrna elementary school, gas stations, wpm grocery stores, wide sidewalks, clear-cutting and construction fencing. She advocated walkable, neighborhood schools modeled after Decatur and Dunwoody and encouraged all tc vote. November 7,2011 10 The Mayor recognized Leo Smith1116 Drewsbury Ct., who thanked Mayor and Council for the leadership and service. He commented that he had young children that have been inspired to learn about government during this campaign season. Mr. Smith stated it was inspirational to see government in action and that opposition was positive in that it encouraged renewed dedication and vigor, expressing his gratitude to the current leadership. Mayor Bacon called on Ward 5 candidate Jason Saliba, residing at 860 Powder Springs St., offering his condolences for the recent passing of Mr. Saliba's mother and sharing that his own uncle hailed from Mr. Saliba's hometown of Dothan, AL. Mr. Saliba thanked the Mayor and Council for their condolences and discussed his background, including his service as District Attorney. He expressed his gratitude to his opponents that reached out to him during his family tragedy and acknowledged their thoughtfulness and kindness. The Mayor announced Ron Fennel of 703 Vinings Estate Dr., who made known his candidacy for Ward 7 and thanked Mayor and Council for their hard work. He stated his pride in Smyrna and mentioned that he had heard those that complain about the city but that he valued his community and enjoyed being involved. He shared his positive campaign experiences, citing the hospitality he and his wife had received from the residents of Ward 7. He expressed his appreciation for all of the candidates that had offered their time to run for office and hoped that those elected would maintain the level of dedication demonstrated by this Mayor and Council. Mr. Fennel promised to be fair, honest, work hard and be responsive to citizens. He stated his support for no property tax increases for those in Ward 7 and that he could be relied on to keep his promises. Mr. Fennel expressed his gratitude for the long time service of Councilman Wood and sent a personal greeting to individual members of the television audience. He opined on the greatness of Smyrna and made known his commitment to excellence, calling on those that had been active during the campaign to remain involved in community improvement efforts. Mr. Fennel stated he was grateful for the Veterans that made peaceful transition in government possible through the election process and provided his contact information, inviting all to visit his website at www.ronfennel.com. Mayor Bacon acknowledged Donna Short Woodham of 2616 Hughes St., who talked about her experiences meeting residents during her election campaign. She highlighted her visit with members of the American Legion and that she felt that organization was an asset to the city, stating her commitment to assisting in their efforts to support the city's public safety personnel. Ms. Woodham brought forth the concerns of Ward 7 residents and shared that among her first actions as Mayor would be the rewriting of zoning ordinances to protect citizens. She made known her attendance at the school redistricting and her preference for renovations at existing schools in conjunction with a smaller new facility. Ms. Woodham stated that she would work with the Cobb County School Board to ensure parent's concerns were heard. She opined that it was illogical to vote for a Mayor that had been in office for 20 years and urged all to elect new representation promising positive growth. November 7, 2011 11 The Mayor recognized Pat Terry, residing at 3503 Dunn St., who stated that he had attended or watched meetings for a number of years and witnessed people make disparaging remarks about the city. As a former resident of Cobb County that had been annexed into the city he proclaimed his overwhelming satisfaction to be part of the Smyrna community. He recognized the efforts of Steve Ciacio in enhancing the parks, lauded Ann Kirk and Keep Smyrna Beautiful for their programs, including the operation of the community garden which he utilized. Mr. Terry praised the library and the numerous events conducted by Community Relations Director Jennifer Bennett. He opined that successful programs such as those examples cited were the result of leadership and thanked the Mayor and Council for their service. Mayor Bacon acknowledged Corky Welch of 870 Austin Dr., candidate in Ward 4, who thanked the retiring council members. He provided his website www.corkyforsmyrna.com and encouraged all to get out and vote. Mr. Welch commented on the low turn out at the last election and opined that voting was a right, privilege, duty and an honor of which all should avail themselves. He made known that at the commencement of the race he contacted Councilman McNabb to pledge his commitment to running a clean campaign. He expressed his appreciation for the respectful conduct of Ward 5 candidates. Mr. Welch talked about his experience working with city governments across north Georgia and that he would use that knowledge to benefit Smyrna. He stated that he would not make promises, preferring to review all available facts prior to making decisions about ongoing city business. He stated his commitment to fiscal responsibility and making Smyrna an even better place by working with small community groups to enhance the quality of life. Mayor Bacon called on Charles Lively, residing at 3528 Lake Dr., who thanked the Mayor and Council for their service. Mr. Lively shared that he could recall being a student at Brown Elementary and witnessing Councilman Smith's active involvement at the school. He opined that often times the people that serve the community do so for many years and in several capacities, expressing his appreciation to Councilman Smith for his contributions. Mr. Lively commented on campaign conduct he found disturbing and cited the number of accusations he'd heard made against the Mayor and Council. He read aloud from a copy of the rules and regulations provided to all candidates by the Cobb County Board of Elections. Mr. Lively emphasized the portion about signage being placed on private and commercial property without the owner's permission. He shared his hope that future campaigns would be focused more on actual city business than the presentation of derogatory comments. Mayor Bacon called on Laurie Pavlick residing at 2811 Bell Drive. She stated she had lived in Smyrna for 15 years and since her first council meeting in July, she had taken an interest in how the Council and City operate. She thanked Councilwoman Anulewicz, Councilmember McNabb and his wife, and Councilman Lnenicka for answering her wo ,,, questions. She explained she was told that this body willfully ignores people when they come up and ask questions. She explained her questions were because she wanted to find out how things work in the City of Smyrna. She noted she was disappointed that at some loommemommummeminw November 7,2011 12 of the forums, she was not given the opportunity to talk with Councilmember Pritchett, or .�. the Mayor. She stated she had sent some emails but had not received a response and looked elsewhere for her answers. She expressed her preference to live in Smyrna while also commending the Fire and Police Departments for being top notch and thanking those who had answered her questions. Mayor Bacon addressed earlier comments about Glock not paying city taxes, stating that they were scheduled to pay close to $100,000 in city taxes this year. He expressed his dismay that agitated allegations, without supporting factual documentation, were being presented and that many comments made during public forums were based on incorrect information. The Mayor made known that his campaign had spent a great deal of money getting the word out for people to vote and was encouraged by the high percentage of early voting. He stated that he was humbled to have been Mayor and that he had never planned to be in office so many years. He pondered why business would want to locate to Smyrna if the citizen comment was consistently negative and that such perspectives were not representative of the citizenry at large and asked Councilman Lnenicka to address the matter of F.B.I involvement in the Glock case. Councilman Lnenicka referred to previous comments about Glock not paying taxes, and explained that Glock was recently billed an amount close to $100,000 for the 2011 property taxes due the end of November. He reported last year Glock paid $60,000 in taxes. He stated it was a misstatement that Glock did not pay taxes because Glock pays based on assessments, the same as other property owners. He referred to the previous questions and comments about why the F.B.I did not investigate Glock. He expressed agreement with the previous speaker that we have a top notch Police Department and noted the community also portrays a similar attitude. Mayor and Council are not involved in any investigations conducted by our Police Department. The Chief conducts his investigation under his authority within the boundaries of the law. He noted although he is Chairman of Public Safety Committee,he does not claim to run the Police Department. Instead the City's competent staff is hired to run the department. He reported he had inquired about the claims and asked Chief Hook to explain further to him regarding the statements about the F.B.I being called to investigate Glock. He explained that Chief Hook was asked by Glock to look into this because the City is their Police Department. Chief Hook assigned a detective to work on this case, and for a year and the detective conducted a diligent and thorough investigation. He noted the detective made Smyrna proud. At the end of the investigation, charges were filed by the District Attorney. According to the paper, serious crimes were committed. Councilman Lnenicka stated he did not know about the investigation,but the investigation led to be successful, resulting in indictments. Our Police Department handled the investigation the way it should have been done and he commended Chief Hook and his department for a job \yell done with integrity. OAIMINN November 7,2011 13 Mayor Bacon extended additional thanks to Angie Bolton with IBM for all she had done for the City and the kids from Brown Elementary and encouraged everyone to vote tomorrow. The meeting adjourned . 9:35 p.m. As I A. MAX BACON, M '''OR SU'.AN D. HIOTT, CITY CLERK MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2 • / Ota T 'I, IULEWICZ, dARD MICH' EL MCNABB, :RD JI K ►i, SMITH, 'A76-5 WADE S. LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7 emmei