08-06-2012 August 6, 2012 Mayor and Council Meeting
August 6, 2012
All Council members were present except Councilwoman Anulewicz and Councilman Welch. Also present
were City Administrator Eric Taylor, Assistant City Administrator Tammi Saddler, City Attorney Scott
Cochran, City Clerk Susan Hiott, Executive Assistant to the Mayor and Council Christy Ullman, Finance
Director Antonette "Toni" Jo Howard, Parks & Recreation Director Steve Ciaccio, Judge Alton Curtis,
Information Systems Specialist Dan Campbell, Management Fellow Jessica Melton 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 acknowledged Associate Pastor Mike Smith of the Smyrna Christian Church, who conducted
the invocation and led all present in the pledge to the flag.
2. AGENDA CHANGES:
The Mayor stated there were none.
3. MAYOR'S REPORT
(A) Recognition of Broddrick Archie's U-8 Little League Baseball Team winning State Championship at the
GRPA Finals in Savannah
Mayor Bacon acknowledged Councilwoman Susan Wilkinson, Chairman of the Parks and Recreation
Committee, who asked Steve Ciaccio to come forth to recognize the team. Mr. Ciaccio summarized the year's
district and state winning history of the under 8 year's old, Smyrna Little League Blue Team, leading up to
receiving the 2012 Georgia Recreation and Parks Association State Championship for 2012. He introduced
team members and assistant coaches. Mayor Bacon expressed his pride and appreciation of the entire Smyrna
Little League program.
Mayor Bacon acknowledged Marsha Lake, who announced her candidacy for Cobb County State Court Judge
in the August 21St run-off elections.
Mayor Bacon reviewed circumstances regarding the weather that resulted in the decision to cancel the 140th
Birthday Celebration. Mayor Bacon announced the fireworks would be displayed at the Taste of Smyrna,
September 15, 2012. He recognized the sponsors of the Birthday Celebration: Advanced Disposal, Covenant
Christian School, Emory-Adventist Hospital at Smyrna, Evene Day Spa, Georgia Power, Glennda Baker &
Associates, Inc., McEntyre's Bakery (cake and cupcakes), Primrose School of Smyrna West, and Step it Up
Fitness Bootcamp.
Mayor Bacon reported on the First Shop and Hop event held on Saturday, August 4th. He explained that 324
people had passports for the shopping at the businesses. The businesses that participated were: Heart & Sole
Boutique, The Honeybee, Jonquil Sporting Goods, Love Street Gifts & Gardens, Marshmallow Dream,
McEntyre's Bakery, Nest Home & Garden, Rev Coffee, and Vickery Hardware. He reported that he drew the
names at McEntyre's Bakery for the prizes. The winners were: Third prize ($250 worth of gifts and Prizes) —
August 6th,2012 2
Angela Nicholas; Second prize ($500 worth of gifts and prizes) -Philicia Pass; and Grand prize ($1,000 worth
of gifts and prizes) - Iris Rice.
Mayor Bacon expressed that he was proud to announce that Smyrna resident Keith Blackwell was just
appointed to the Georgia Supreme Court by Governor Nathan Deal.
Mayor Bacon recognized Mark Du Mas, President of the Paces Foundation, Inc. He commended Mr. Du Mas
for the outstanding quality of the Galleria Manor Senior Development. He acknowledged Councilwoman
Pritchett for working with Mr. Du Mas on this project. Mr. Du Mas thanked Councilwoman Pritchett for her
support. He then presented recent awards for the affordable housing project: The LEED Council Award for
Gold Certification for Galleria Manor. He presented another award received by the construction company,
Hardin Construction, which was the ABC Award of Excellence for projects between 5 and 15 million dollars.
Mr. Du Mas noted 90% of the Galleria Manor units were leased, although just completed in November. He
reported residents enjoyed movie nights and that a master gardener had turned the community gardens into a
show case. Mr. Du Mas reported on other awards and certifications for other projects in Georgia and other
parts of USA. He reported the State of Georgia had agreed to support Paces Foundation with additional
housing for severely mentally disabled in the City of Covington. Mayor Bacon commended Mr. Du Mas for
delivering the project as promised. Councilwoman Pritchett described the variety of durable, quality amenities
at Galleria Manor and noted there would be a series of open houses on Saturday.
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
The Mayor stated that there were none.
5. PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
6. FORMAL BUSINESS:
(A) Public Hearing- Adoption of 2012 millage rate - 8.99 mills
Mayor Bacon recognized Mr. Taylor who explained that every year at this time Mayor and Council was
required to adopt a millage rate based on the digest provided by the Cobb County Tax Assessor. He stated
that staff recommended 8.99 mills and that state law required a public hearing on the recommended millage
rate.
The Mayor announced that Councilwoman Pritchett would present the item in the absence of Finance Chair
Councilwoman Anulewicz, who was on vacation. He noted Councilman Welch was also out of town on
vacation.
Councilwoman Pritchett highlighted that this was the sixth year that the millage rate had stayed the same at
8.99 mills which does not reflect a tax increase for the citizens of Smyrna. She explained that the City had
managed over the last four years to be able to place money in reserves despite the recession. She commended
staff, along with the City Administrator and Mayor and Council, for working diligently to do more with less"11"
and earning great bond rating.
Mayor Bacon stated this was a public hearing and called for comment. There was none.
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August 6th,2012
MOTION: Councilmember Pritchett moved to approve Adoption of 2012 millage rate - 8.99 mills. Motion
was seconded by Councilmember Fennel and approved 5-0.
(B) Approval of Ordinance 2012-18 amending Chapter 6, Alcoholic Beverages, of Smyrna Code of
Ordinances, clarifying hours of operation (AB)
Mr. Taylor reported that at the July 16th Council meeting, an ordinance regarding the Alcoholic Beverage
License Ordinance of the City Code of Ordinances had been adopted. He explained that, upon implementation,
a realization was made that a certain section regarding hours of operation was subject to different
interpretations. Mr. Taylor stated that this ordinance would clarify the previous version: (1) a regular license
allows selling Monday through Friday (Saturday morning) until 2:00 a.m. and Saturday (Sunday morning)
until 2:55 a.m. (2) a Sunday sales permit allows selling Sunday from 12:30 p.m. until 4:00 a.m. Monday
morning and (3) A Special late hours permit allows selling from 2:00 a.m. until 4:00 a.m. Tuesday through
Friday (Saturday morning). A lot of this is consistent with State law and staff recommends adoption of this
ordinance.
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-18 amending Chapter 6, Alcoholic
Beverages, of Smyrna Code of Ordinances, clarifying hours of operation. Motion was seconded by
Councilman Fennel.
Councilman Lnenicka stated that he did not support this motion. He explained that he saw no need to allow
for establishments in Smyrna to remain open until 4:00 a.m. seven days a week, 365 days a year. He
mentioned that the state law for Saturday hours of operation included a 2:55 a.m. provision and opined that the
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level of expediency with which the city ordinance was passed resulted in a failure to comply with state law.
The Councilman shared his uncertainty of the reasons why such liberal late hours were being sought. He noted
that Smyrna had the most liberal hours for late drinking of any city in the metro area and opined that this
practice was outside of Smyrna values. Councilman Lnenicka elaborated that this was not a topic amongst his
constituents ald that he was not aware of any requests for extended hours being made by any Ward 6
residents. Councilman Lnenicka stated his belief that this would create problems. He acknowledged that there
were some establishments where these hours might work, such as Docs, where the property was surrounded
entirely by commercial businesses and easy to regulate. The Councilman reminded those present that extended
hours could exacerbate problems at establishments that already had a history of violations. Councilman
Lnenicka provided several examples, citing complaint calls received by police.
Mayor Bacon stated that the city ordinance basically changed hours for only one night. He noted that certain
establishments had already been staying open until 4:00 a.m. and opined that it did not invite a similar change
for every night of the week. The Mayor mentioned that the nature of the police calls discussed by Councilman
Lnenicka were primarily for noise violations. Councilwoman Pritchett added that establishments that do stay
open must pay extremely high fees for those extended hours, noting the extremely low number of businesses
with extended hour and Sunday sales licenses. Mayor Bacon elaborated that Smyrna had the highest fees of
any municipality in the metro Atlanta area and reported that most establishments elected not to pay for
additional licenses.
VOTE: Motion was approved 3-2. Yeas: Pritchett, Blustein, and Fennel Opposed: Lnenicka and Wilkinson
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7. COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
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August 6th,2012
8. CONSENT AGENDA: NNW
Mayor Bacon acknowledged Mr. Taylor, who read aloud the Consent Agenda.
(A) Approval of July 16, 2012 Mayor and Council Minutes
(B) Approval of Ordinance 2012-17 amending Section 50-33 (b) (1) of Chapter 50 Fire Prevention and
Protection, City of Smyrna Code of Ordinances
MOTION: Councilman Lnenicka moved to approve the Consent Agenda. Motion was seconded by
Councilman Fennel and approved 5-0.
9. COMMITTEE REPORTS:
Mayor Bacon wished Councilman Fennel a Happy Birthday.
Councilman Fennel reported that Fire Station#5 would be delivered from the contractor to the City later in the
month. He shared that there would be a welcoming celebration in September with details to be provided at the
next Council meeting. He thanked the Home Depot Foundation and the Smyrna Public Foundation for their
support in modifying Corporal Gene Crawford's home to accommodate his needs following the motorcycle
accident he was involved in while on duty with the City of Smyrna. The Councilman expressed his
appreciation for Corporal Crawford and all those who serve in protection of our City. He encouraged citizens
to thank members of the Police Department for their dedication. Councilman Fennel reported that a letter was
received from Congressman Scott announcing that the Bureau of Justice Assistance had awarded $22,259 in
grant funding to the City of Smyrna for the purchase of communication equipment.
Councilman Lnenicka yielded with no report.
Councilwoman Susan Wilkinson reported this was the last full week for the Tolleson Park Pool and relayed
the remaining weekend hours at that facility. She announced that those that purchased tables at the Birthday
Celebration would be reimbursed. The Councilwoman reported that there were 153 books checked out of the
Smyrna Library E-Book program in July, highlighting that it was that program's first full month of operation.
She reported the increased involvement of the summer reading program offered by the library, sharing that
there were 614 children registered and 82 teenagers participated. Councilwoman Wilkinson announced that
the teen registration had more than doubled from last year's registration.
Councilwoman Blustein yielded with no report.
Councilwoman Pritchett reported on the recent Adopt-A-Mile project to clean both sides of Spring Road
between Cobb Parkway and Campbell Road. She noted that it was a one-mile stretch and thanked the
volunteers that participated. She expressed it was great to have students from KSU and local high schools
involved. Councilwoman Pritchett stated that this project occurs quarterly and invited all those interested to
volunteer. She reported from the Vision Committee that the implementation of Granicus software for
government transparency was underway. The Councilwoman reported that this software would provide
citizens the opportunity to view the agenda on their computers, ipads and iphones. She elaborated that
residents would have online capabilities of asking Council questions about agenda items, commenting on
issues and expressing their opinions to Council prior to an actual meeting. Councilwoman Pritchett stated that
staff was w orking on the implementation and undergoing training whi le equipment was being installed
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August 6th,2012
throughout the City. She proclaimed that Council meetings would begin streaming live online when portions
of the software were rolled out in August with additional features later in the fall.
Mr. Taylor announced the Smyrna Heroes Gala and invited everyone to participate. He stated that it would be
held at Brawner Hall and activities would include silent and live auctions, entertainment, and refreshments.
Scott Cochran did not have a report.
City Clerk Susan Hiott provided advanced voting details for the August 21st run-off election. Councilman
Fennel added that participation in the recent election was not a requirement for participation in the upcoming
and encouraged all to attend. He noted that those who selected a party ballot were required to vote in that
respective party's run-off.
Mr. Taylor announced that the Smyrna Heroes Gala would be held at 7:00 p.m. on Saturday, September 8,
2012 at Brawner Hall.
10. SHOW CAUSE HEARINGS:
The Mayor stated that there were none.
11. CITIZEN INPUT:
• The Mayor stated there was none.
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The meeting adjourned at 8:11 p.m.
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A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
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MOON ORDINANCE NO. 2012-18
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,
GEORGIA, THAT SECTION 6-61 (c), 6-62 (a), AND SECTION -63 (a) of CHAPTER 6,
ALCOHOLIC BEVERAGES BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 6-61 (c) Hours of operation be amended to read as follows:
Sec. 6-61. - Hours of operation
(c) Pouring, distilled spirits and pouring, wine and malt beverages. Licensees in pouring distilled
spirits and licensees in pouring wine and malt beverages shall not sell except between the hours
of 8:00a.m.and 2:00 a.m. the following morning, Monday through Friday (Saturday morning).,
and on Saturday from 8:00 a.m. until 2:55 a.m. Sunday morning. This section shall apply to
private clubs as well. Provided that, these hours may be extended as provided by a special late
hours sales permit and Sunday sales permit as described in this chapter.
That Section 6-62 (a) Sunday sales permit/Monday Late Hours Permit be amended to read
as follows:
Sec. 6-62.- Sunday sales permit/Monday Late Hours Permit
(a) In addition to the hours of operation specified in this chapter, licensees in pouring distilled
spirits and licensees in pouring wine and malt beverages, but not including wine specialty shops
or educational tasting permits, may sell and serve on Sundays from 12:30 p.m. until midnight
and may continue to sell until 4:00 a.m.. (Monday morning), provided that the licensee applies
for and receives a Sunday sales permit for such sales from the city. The licensee must also hold a
city alcoholic beverage pouring license.
That Section 6-63 ((a) Special late hours permit be amended to read as follows:
Sec.6-63.-Special Late hours permit.
(a) In addition to the hours of operation specified in this chapter, licensees in pouring distilled
spirits and licensees in pouring wine and malt beverages may sell and serve during the hours of
2:00 a.m. and 4:00 a.m., Tuesday through Friday (Saturday morning), provided the establishment
applies for and receives a special late hours permit for such sales from the city. The licensee
WONNO must also hold a city alcoholic beverage pouring license.
,, ORDINANCE 2012-18
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All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 6th day of August, 2012
Attesi A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk /
City of Smyrna
f'""" Approved .s to form:
Scott A. ochran, City Attorney
City of Smyrna
ORDINANCE NO. 2012-17
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,
GEORGIA, THAT SECTION 50-33 of CHAPTER 50, FIRE PREVENTION AND
PROTECTION BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That section 50-33 (b) (1) of Establishment of Fire Lanes on Private Property devoted to public
use be amended to read as follows:
Fire Lanes shall be marked with red or other distinctive colors as approved by the Fire Marshal.
The approved color shall be applied to the curb or ground markings where no curb exists. Fire
lanes shall be posted with signs stating "No Parking Fire Lane."
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 6th day of August, 2012
Attest: A. Max Bacon, Mayor
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D. Hiott, City Clerk
City of Smyrna
App .ved .s o form:
Scott A. Cochran, City Attorney
City of Smyrna
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