March 19, 2001 Council Meeting
Maf<::h 19, 2001
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m.
All council members were present. Also present was City Administrator Howard Smith, City
Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance
Director Claudia E(igar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library
Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful
Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt,
Community Development Director Chris Miller, Community Relations Director Jennifer
Bennett and representatives of the press.
Invocation was given by Reverend Elijah Jones of Greater Zion Hills Baptist Church, followed
by the pledge to the flag.
ClTIZEN_~NPUT:
Mayor Bacon introduced Mr. Corey who presented a Smyrna STAR employee of the Month
A ward to City Marshall Ml:j,rty Peace for his commitment to alleviating graffiti. Mr. Corey
presented Marshall Peace with a plaque honoring his dedication, $100.00, a $25.00 gift
certificate and a day off with pay. Mayor Bacon thanked Marshall Peace for his commitment.
Mayor Bacon re.cognizedMrs. Holli Cash, 4181 Ridgehurst Drive, who presented Mayor and
Council withaPetiri(m from the parents of Nickajack Elementary asking for their school to be
annexed into the City of Smyrna. Mrs. Cash stated that she is concerned with the double
taxation issue and suggested forming a task force of citizens addressing the double taxation
issue.
Mayor Bacon recognizeclMs.Rose Cundy, Rollingview Drive, who stated that her home was
tlooded due to a sewerbl!.ckup over 17 months ago and again on March 8, 200 1. Ms. Cundy
stated that she does not believe that the City of Smyrna's insurance company has addressed this
issue. Mayor Bacon sta.te(ithat he understood that the insurance company had offered an
amiable solution and aske<iMr. Corey to explain. Mr. Corey stated that the insurance company
is speaking with herattorney,Cpuncilwoman Capilouto stated that she believes that the City of
Smyrna should take care pfthese back ups as soon as they happen and asked if the City could
send put a cleaning crew immecliately. Mr. Smith stated that he would speak with the insurance
company to im,ist that her home be cleaned. CouncilwoITlan Capilouto stated that she is upset
with this problem and that much of the problem lies with the insurance company.
Mayor Bacon recognized Ms. MaryAnn Anding who stated that her home was flooded with
sewage 13 tnonths ago and that she has received no help from the insurance company. Mayor
Bacon asked if she has been able to agree on a settlement with the insurance company, and Ms.
Anding said n() becl:j,usethe company is only offering .30 on the dollar. Mr. Cochran stated
that he has Illade dema11dson the insurance company and has threatened legal action against the
company. CouncilwomanCapilouto asked if this problem could be reported to the insurance
commissioner, and M:;;. A.nding stated that she has attempted to notify the commissioner's
office. Mr. Cochran Stated that he would send a complaint letter to the commissioner's office.
Mr. Howard Martin, Ms. A.11ding's neighbor, stated that the sewage poured into her home in
the matter of minutes,l:j,ndMs. Anding had to leave her home in her nightgown. Mr. Martin
asked Mayor and Council to help her. Mayor Bacon stated that Mr. Cochran would address
this with the insurance con1pany.
Mayol'}3ac;onreGognized Ms..J()anThomas, Laurel ClifT subdivision, who asked which fire and
police department would service Nickajack Elementary if the school is not annexed into the
City of Smyrna. and Mayor Bacon stated that presently the alarm would go directly to Cobb
County.
I'PBLIcHEARIN"9S:
(A) Annexation Request~Concord Road-9. 311 Acres-Land Lot 265, 17th District, 2nd
Section, Cobb County, Georgia.
Mr. Smith stated that the pet~tion for annexation was validated at the February 5, 2001, Council
Meeting and that all legal advertising requirements have been met. Mr. Smith stated that if this
March 19,2001
2
request is approved the parcel will become a part of Ward 7 with an effective date of April 1,
2001. Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Wood introduced Mr. Walker, Benchmark Homes. who stated that they plan to
develop single-family homes on the property>
Councilman Wood made a motion to approve the annexation request of the 9.311 acres on
ConcOl'd Road Land Lot 265, 17th District, 2nd Section, Cobb County Georgia to become a part
of Ward 7 with an effective date of April 1, 2001. Councilman Cramer seconded the motion.
Motion was approved 7.0.
(B) Variance Request-South Cobb Drive and Windy Hill-Reduce Rear Yard Setback
from 50 feet to 40 feet.
Mayor Bacon stated that this is a public hearing and asked for public comment. There was
none.
Councilman Cramer stated that the applicant has asked that this request be withdrawn without
prejudice. No action was taken.
(C) Rezoning Request-Cooper Lake Road-Request to Amend RAD Conditional
Zoning by Adding 12 Lots.
Mr. Smith stated that the applicant is requesting to add 12 lots to an existing parcel and to
amend the RAD Conditional. Mayor Bacon stated that this is a public hearing and asked for
public comn1ent. There was none.
Councilman Wood stated that the applicant wants to add 12 lots to the existing approved plat by
incorporating parts of Land Lots 329, 330 and 265. Councilman Wood introduced Mr. Bland
who stated that they were able to secure 3 parcels and would like to add them to their
development in order to create a more efficient and aesthetic subdivision. Mr. Bland stated that
they will also be able to offer a safer entrance and deceleration lane on Cooper Lake Road.
Counciln1an Wood lTlade a motion to approve the rezoning request of Cooper Lake Road to
amend the RA D Conditional zoning by allowing the addition of 12 lots to the existing
subdivision of Lake View at Vinings. and Councilman Cran1er seconded the motion. Motion
was approved 7-0.
(D) Rezoning Request-503 Cooper Lake Road-. 949 Acres-Land Lot 329 and 330,
17'h District, 2"d Section, Cobb County. Georgia.
Mr. Smith stated that the applicant is requesting to rezone .949 acres and to incorporate this
parcel into Lake View at Vinings. Mayor Bacon stated that this is a public hearing and asked
for public conunent. There was none.
Councilman Wood made a motion to approve the rezoning l'equest of .949 acres 503 Cooper
Lake Road Land Lots 329 and 330, 17th District, 2nd Section, Cobb County. Georgia.
Councilman Cramer seconded the motion. Motion was approved 7-0.
(E) Annexation Request-503 Cooper Lake Road-. 949 Acres-Land Lot 329 and
330, 17,h District. 2nd Section, Cobb County. Georgia.
Mr. Slnith stated that the applicant is requesting to annex .949 acres and to incorporate this
parcel into Lake View at Vinings. Mayor Bacon stated that this is a public hearing and asked
for public comment. There was none.
Councilrnan Wood stated that all legal advertisen1ents have been met and made a motion to
approve the annexation request of .949 acres at 503 Cooper Lake Road Land Lots 329 and 330,
IT" District, 2ml Section. Cobb County Georgia to becon1e a part of Ward 7 with an effective
date of April J. 2001> Councihl1an Cramer seconded the motion. Motion was approved 7-0.
March 19,2001
3
(F) Rezoning Request-537 Cooper Lake Road-l.02 Acres-from R-20 to RAD
Conditional-Land Lot 330, 17th District, 2nd Section, Cobb County, Georgia.
Mr. Smith stated that the applicant is requesting to rezone 1.02 acres and to incorporate this
parcel into Lake View at Vinings. Mayor Bacon stated that this is a public hearing and asked
for public COlnment. There was none.
Councilman Wood made a motion to approve the rezoning request of the 1.02 acres of 537
Cooper Lake Road, Land Lot 330, 17th District, 2nd Section, Cobb County. Georgia from R-20
to RAD Conditional. Councilman Cramer seconded the motion. Motion was approved 7-0.
(G) Annexation Request-537 Cooper Lake Road-l.02 Acres-Land Lot 330, 17'"
District, 2nd Section. Cobb County. Georgia.
Mr. Smith stated that the applicant is requesting to annex 1.02 acres and to incorporate this
parcel int() Lake View at Vinmgs. Mayor Bacon stated that this is a public hearing and asked
for public com~ment. There was none.
Councilman Wood state<itha.ta11 legal advertisements have been met and made a motion to
approve the annexation request of 1.02 acres at 537 Cooper Lake Road Land Lot 330, 1 Th
District, 2nd Section, CObbC.PUl1ty Georgia to become a part of Ward 7 with an effective date
of April 1, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0.
(H) Rezoning Request-567 Cooper Lake Road-Land Lots 329 and 330-2.10 Acres-
From R-20 to RAD ConditionaL
Mr. Smith stated that thel!.pp!icant is requesting to rezone 2.10 acres and to incorporate this
parcel into Lake View atVinings. Mayor Bacon stated that this is a public hearing and asked
for public comment. There was none.
Councilman WO()<i nlade illfl.otion to approve the rezoning request of the 2.10 acres of 567
Cooper Lake Road, Land Lots 329 and 330. 17'" District, 2nd Section. Cobb County, Georgia
from R-20 to RAD Conditional. Councilman Cramer seconded the motion. Motion was
approved 7-0.
(I) Annexation Request-567 Cooper Lake Road-2.10 Acres-Land Lot 330, 17th
District, 2nd Section, Cobb County, Georgia.
Mr. Smitl)stl!.ted that theapplic:ant is requesting to annex 2.10 acres and to incorporate this
parcel into Lake View atVinings. Mayor Bacon stated that this is a public hearing and asked
for public COlnment. There was none.
Councilman Wood stilted.that il11 legal advertisements have been met and made a motion to
approve the annexati()llxequeSt of 2.10 acres at 567 Cooper Lake Road Land Lots 330, 17th
District, 2nd Section,Cobbc.p1,Jnty Georgia to become a part of Ward 7 with an effective date
of April I, 2001. Councilman Cramer seconded the motion. Motion was approved 7-0.
(J) Rezoning Request-Church Road (East of Old Concord Road)-1.365 Acres-from
R-20 to R-15 Conditional.
Mr. Smith stated that the applicant would like to develop four single-family homes with a
density of 3.0 units per acre. Mr. Smith stated that the Planning and Zoning Board supported
this request. Mayor Bacon stated that this is a public hearing and asked for public comment.
There was none.
Counciln1an Cramer asked the applicant, Mr. Allan Khalife, to describe his plans, and Mr.
Khalife stated that the homes will be 4-sided brick and over 3,000 square feet heated space.
Councilman Cramer stated that Mr. Khalife is helping to revitalize this area of Ward 5 and
hopes to build more homes in the future.
Councilm.an Cramer made a motion to approve the rezoning of Church Road east of Old
Concord Road with the stipulation that the homes are 4-sided brick and that the homes have
over 3.000 square feet heated space. Councilman Lnenicka seconded the motion. Motion
approved 7-0.
March 19, 2001
4
(K) Annexation Request-Church Road (East of Old Concord Road)-l. 365 Acres-
Land Lot 341, 17'h District. 2nd Section, Cobb County, Georgia.
Mayor Bacon stated that this is a public hearing and asked for public comment. There was
none.
Counciln1an Cramer made a motion to approve the annexation request of the 1.365 acres of
Church Road east of Old Concord Road Land Lot 341, 17'h District, 2nd Section, Cobb County,
Georgia to become a part of Ward 5 with an effective date of April I. 2001. Councilman
Lnenicka seconded the motion. Motion was approved 7-0.
(L) Variance Request-Atlanta Road and Windy Hill-Permit Unspecified Roof Pitch
in place of 6/12 Pitch.
Councilman Hawkins stated that the applicant would like to withdraw their application without
prejudice. Mayor Bacon stated that this is a public hearing and asked for public comment.
There was none. No action was taken.
(M) Zoning Amendment Request-Wetherburn Subdivision-Camp Highland Road.
Mr. Smith stated that the applicant would like to remove stipulation numbers 13 and 25 from
the June 5, 2000, approved zoning request approval and to make the streets private and gated.
Mayor Bacon stated that this is a public hearing and asked for public comment. There was
none.
Councilman Wood stated that on June 5, 2000, this Council approved a request by Larry Ross
to rezone approximately 18.142 acres at this location from Heavy Industrial (Cobb County) to
RAD Conditional to build a single-family subdivision and that the zoning approval included 25
stipulations. Councilman Wood stated that the applicant, Mr. Jeff Freeman, is requesting that
Stipulation 13 be arnended from stating that all streets within the development be dedicated
streets, meeting City of Sn1yrna standards and ordinances to all streets, water and sewer be
private to in order to allow a gated entrance. Mr. Freeman stated that number 25 stipulates that
Mr. Larry Ross be principal in this project and that Mr. Ross is not involved with this project.
Mr. Freeman stated that cun-ent Development Regulations require curbing on all of the
property frontage on Camp Highland Road, and would like to be allowed to curb only the
entrance, per the subm-itted site plan, so as not to create a water problem on the dead-end street.
Councilnmn Wood stated that Mr. Hildebrandt agrees with this waiver request.
Councilman Lnenicka asked if there would be money set aside for the upkeep of the streets, and
Mr. Freeman stated that the initiation fee would be reserved for funding street and utility
repairs.
Councilman Wood made a rnotion to approve the zoning amendment request of stipulation 13
be arnended to read, "A 11 streets, water and sewer be private to allow a gated entrance provided
that they are built to the City of Smyrna standards and ordinances and that the initiation tee be
reserved for the funding of street and utility repairs." Councilman Lnenicka seconded the
motion. Motion was approved 7-0.
Councilman Wood made a n10tion that the Development Regulation that requires curbing along
the Calnp Highland Road frontage be rescinded to allow the applicant to curb his entrance per
the subnlitted site plan, and Counciln1an Crmner seconded the motion. Motion was approved 7-
o.
(N) Rezoning Request-Camp Highland Road-16.4 Acres--from G.C. to RAD
Conditional.
Councilrnan Wood made a motion to rescind stipulation 25. and Councilman Crarner seconded
the motion to resend. Motion to rescind was approved 7-0.
Mr. Smith stated that MDC Homes is requesting to build 75 town homes and 5 single-family
homes. Mayor Bacon stated that this is a public hearing and asked for public comment. There
was none.
Councilman Wood introduced Mr. Steve Check, MDC HOllIes, who stated that he is planning
to develop a residential neighborhood of town home units and single-family homes. Mr. Check
March 19,2001
5
stated that the entrance to the subdivision will be off of Camp Highland Road and that the
subdivision will share amenities with the Vinson property that is currently being developed.
Mr. Check stated that amenities will include a pool, cabana and mandatory hom~eowners
association, a fence along Camp Highland Road and curbing and sidewalks. Mr. Check stated
that there will be two types of town homes and that there will be brick front and sides and
hardy plank in the rear.
Councilman Wood asked Mr. Check if he is agreeable with the following stipulations:
1 . The plan will include 75 front and rear entry attached town homes and 5 detached lots.
2. All lots on the subject property will be accessed from the adjacent property shown as
Tract B on the site plan.
3. All town homes. will have a minimum of I 800 heated square feet and well over 2000
square feet includhlg optional space.
4. The town h0111e 1111itswill be a maximum of 4 stories and 48' in height.
5. The combinedsl.lbdivision (Tract A and Tract B on the site plan) will have a gated,
landscaped entraOCe(9ncamp Highland Road and private streets and utilities.
6. Front and side faCl:j,des of the town homes will be brick, stone, stacked stone,
hardiplank:, ce<iarshake singles or combinations thereof.
7. Rear facadeSoftheJ;own homes along East-West Connector will be brick.
8. ResidenceS.btli1tonithe detached lots will comply with the conditions of zoning for the
adjacent property (Tract B).
9. Prices for the town homes will sell in the $240's.
10. MDC and the deVeloper of Tract B will widen and improve Camp Highland Road
within the existing RIGHT OF WAY to include curb and paving up to the subdivision
entrance.
11. Residents of the subject development will have access to an amenity package consisting
of a pool and cabana.
12. MDC will buildanattl'active retaining wall on the subject property along East-West
Connector behind Which will be a 10' planted landscape buffer.
13. All utilities within the development shall be underground.
14. A mandatory homeowners' association with recorded restrictive covenants will be
established for the subdivision.
15. Smyrna will abandon Hardin Road in order to allow the development of the subject
property.
16. The developer agrees to comply with the City of Smyrna Tree Ordinance.
Mr. Check stated that he will agree to the above stipulations. Councilman Wood made a
motion to approve the rezoning request of 16.4 acres of Camp Highland Road from G. C. to
RAD Conditional with theahovestipulations and conditions. Councilman Cramer seconded the
motion. Motion was approved 7-0.
(0) Land Use Change Request-Camp Highland Road-16.4 Acres-from Industrial
Compatible tp Medium Density ResidentiaL
Mayor Bacon stated that this is a public hearing and asked for public comment. There was
none.
Councilman Wood made amotion to approve the land use change request of the 16.4 acres on
Camp Highland Road from Industrial Compatible to Medium Density Residential. Councilman
Cramer seconded the n10tion. Motion was approved 7-0.
(P) Privileged Licen:,:>e Request-Bail Bond Business-Bond, James Bond of Cobb,
Inc.-88 Zena Drive-New Application.
Mr. Smith stated that this is a new application and that the business license department has
discussed the City's OI'dinances with the applicant. Mayor Bacon stated that this is a public
hearing and asked for public comment. There was none.
Councilman Hawkins introduced Mr. James Lester who stated that he currently operates a bond
company in many surroundi11g Gounties. Councilman Hawkins asked Mr. Lester if he familiar
with the city's laws and Mr. ~ster stated yes. Councilman Hawkins stated that the police
investigation failed to reveatinformation that would preclude issuance of this license and made
a motion to approve the privileged license request for a bail bond business for Bond, James
Bond of Cobb, Inc. at 88 Zena Drive with Mr. James Lester as the agent. Councilman
March 19, 200 j 6
Lnenicka seconded the motion. Motion was approved 6-0. Councilman Cramer was away
during the vote.
(Q) Privileged License Request-Retail Pouring License-Beer, Wine and Liquor-G &
T Restaurant, d/b/a Vinings Grill-4480 South Cobb Drive-New Application.
Mr. Smith stated that the applicant, Mr. Harold P. Gerlitsch, is requesting to be made the agent
for the Vinings Grill and that the business license officer has reviewed the City's alcohol
ordinances with the applicant. Mayor Bacon stated that this is a public hearing and asked for
public comment. There was none.
Counciln1an Lnenicka asked Mr. Gerlitsch if he is familiar with the City of Smyrna's alcohol
ordinances, and Mr. Gerlitsch stated yes. Mr. Gerlitsch stated that he has a copy of the City's
ordinances and understands them. Councilman Lnenicka stated that the police investigation
failed to reveal any information that would preclude the issuance of this license and made a
motion to approve the privileged license request of a retail pouring license for beer, wine and
liquor for G & T Restaurant, d/b/a Vinings Grill at 4480 South Cobb Drive with Mr. Gerlitsch
as the registered agent. Councilman Cramer seconded the motion. Motion was approved 7-0.
(R) Privileged License Request-Retail Pouring License-Beer, Wine and Liquor-
Glen Rock Holding Corp. d/b/a Amerisuites-Smyrna-2876 Springhill Parkway-
Agent and Ownership.
Mr. Smith stated that the applicant. Mr. Jerry Walker, is requesting to be made the agent for
Amerisuites and that the business license officer has reviewed the City's alcohol ordinances
with the applicant. Mayor Bacon stated that this is a public hearing and asked for public
comment. 'I'here was none.
Councilwoman Capilouto asked Mr. Walker if he is familiar with the City of Smyrna's alcohol
ordinances. and Mr. Walker stated yes. Councilwoman Capilouto asked Mr. Walker has held
an alcohol license before. and Mr. Walker stated yes. Mr. Walker stated that he has an alcohol
sales training program in place. Councilwoman Capilouto stated that the police investigation
failed to reveal information that would preclude the issuance of the alcohol license and made a
motion to approve the privilege license request for a retail pouring license of beer, wine and
liquor for Glen Rock Holding corp. d/b/a Amerisuites-Smyrna at 2876 Springhill Parkway
with Mr. Jerry Walker as the registered agent. Councibl1an Cramer seconded the motion.
Motion was approved 7-0.
(S) Island Annexation-Unincorporated Island 4.
Mr. Sn1ith stated that notices were mailed to approximately 600 property owners in a 439 acre
unincorporated island and if approved, will become a part of Ward 7 with an effective date of
April 1, 2001. Mr. Smith stated that the process in which the islands are annexed is based on
the staff recommendation regarding service del ivery. Mayor Bacon stated that this is a public
hearing and asked for public comment. Mr. Cochran administered the oath to those wishing to
speak.
Mayor Bacon recognized Ms. Jeanette Gall. 1336 Cooper Lake Road, who stated that she
enjoys lnany of the all1enities of the city of Srnyrna but is upset because she does not have a
vote in this issue.
Mayor Bacon recognized Laura Brown, 1580 Gaylor Street. who stated that she believes that
the only difference in being a City of Smyrna resident would be higher taxes and increased
sanitation cost and that police and fire stations are '12 mile closer and asked that the City of
Smyrna not annex Gaylor Street.
Mayor Bacon recognized Mr. Jerry White, 4900 Prince Road. who stated that he was not sure
if he had been annexed and that if he has, he has not received any new services. Mr. White
stated that he believes that only developed properties were annexed and not vacant properties.
Mayor Bacon recognized Mr. Fred Adanls, who asked the method for annexation, and Mr.
Smith stated that the Finance and Administration Comnlittee and City stat!' deterrnined the
schedule of annexation based on service delivery routes. Mr. Adams stated that he is
concerned that he does not have input regarding this proposed annexation. Councilman
Hawkins stated that there have been efforts over the last 10 years to eliminate duplication of
March 19,2001
7
services and that this problem is not unique to the City of Smyrna. Councilman Hawkins stated
that even with a vote there could still be islands and the duplication of services.
Mayor Bacon recognized Mr. Clarence Cagle, 2205 Church Road, who asked if he would
required to have a city business license, if he could tap into the sewer system, if the City would
provide sanitation services and why does the City want him.
Mayor Bacon introduced Mr. Mike Bowers, attorney for the Cobb Voters Coalition, who
encouraged Mayor and Council to not continue with the annexation because the legislation is
legally flawed. Mr . Bowe.rs . stated that he believes this area was not an island in 1991. Mr.
Bowers stated that a resident of this area providing him with information stating that South
Cobb Drive was not part of the City of Smyrna on January I, 1991.
Mayor Bacon recognizedMr. Paul Sesko, 1590 Gaylor Street, who stated that the homes in his
neighborhood are run dOW11.l!.11.d ripe for development. Mr. Sesko stated that he does not
believe the benefits are worth the costs.
Mayor Bacon recognize<11\tl1'.pavid Sanson, 522 Church Road, who stated that he does not
want to be annexed into the City of Smyrna because he does not want additional taxes.
Mayor Bacon recogn.ize<1M5>. Laura Biggy, Laurel Cliffs Subdivision, who stated that she does
not want to be annexed into the City of Smyrna because of the additional taxes.
Mayor Bacon recognized Mr. John Marchman, 4059 Ridge Road, who stated that the City and
County services are similar.
Mayor Bacon recognized Mr. Phil Minetti, Lake Laurel Drive, who asked if the neighborhood
will be updated with additional fire hydrants. Councilman Hawkins stated that Cobb County
win continue to provide their water service and the hydrants so nothing in that respect will
change. Mr. Minetti state<1thathe is upset with the decline of Lake Laurel due to increased
development in the City of Smyrna and poor enforcement of siltration laws.
Mayor Bacon recognized Mr. Qeorge Artress, 1472 Cooper Lake Road, who stated that he is
not enthusiastic about annexation because he could have to sen his land to pay for the taxes.
Mayor Bacon recognized Ms. Jpan Thomas who stated that the Cobb Voter's Coalition opposes
annexation into the City of Smyrna due to the over-aggressive zoning.
Mayor Bacon recognized Mr;LarrY Frias, King Valley Road, who stated that he is against
annexation due to the aggressive almexation and the lack of respect for the EPD.
Mayor Bacon recognized Mr. David Cole, attorney, who stated that he believes that there are
no groundS for this annexation an.d that citizens want less government and fewer taxes. Mr.
Cole stated that the citizens would have been more agreeable if the City had requested a vote.
Mayor Bacon recognized Mr. Bill Adams, Cobb Voter's Coalition, who stated that citizens
should be consulted before annexation and that he believes that they are paying taxes without
representation.
Mayor Bacon recognized Mr. Tim W. Shirey who stated that he will move if the City annexes
his property.
Councilman Wood stated that proposed annexation notices were mailed to 585 landowners in an
approximate 439-acre tract. Councilman Wood stated that the Cobb legislation voted
unanirnously in support of the law and that the reasons for island annexations are to clear up
service delivery issues, jurisdictional issues, alignment of city boundaries and fairness.
Councilman Wood made a motion to approve the annexation of 439-acre tract of island 4.
Councilman Hawkins seconded the motion.
Councilwoman Capiloutostated that the many childless adults pay school taxes because it is
their civic responsibility and that many people become upset if they are paying taxes and
someone else is reaping the benefits. Councilwon1an Capilouto also told the citizens that many
of their rernarks have been rude and uncalled for.
March 19,2001
8
Councilman Newcomb stated that the State of Georgia General Assembly has given authority to
cities and directed cities and counties to smooth out services boundaries.
Motion was approved 7-0.
FORMALJ3lJSINE~~:
(A) Personnel Policies and Procedures Manual--New Policy-Dress Code.
Mr. Smith stated that this policy is proposed through the Human Resource Cmnmittee to use as
a general guideline to deten11ine an appropriate dress for City of Smyrna employees.
Councilman Cranier made a lTIotion to approve the new dress code policy, and Councilman
Wood seconded the motion. Motion was approved 7-0.
(B) Personnel Policies and Procedures Manual-Change-Nepotism.
Mr. Smith stated that Mayor and Council adopted a former policy addressing nepotism in the
early 1990's and that this change will clarify specific language in the Policy and Procedure
Manual.
Councilman Cramer lTIade a motion to approve the Personnel Policies and Procedures manual
change regarding nepotism, and Councilman Lnenicka seconded the n10tion. Motion was
approved 7-0.
(C) Ordinance Amendrnent-- Section 46-5~Graffiti Control
Mr. Smith stated that the City of Smyrna has been concerned with the control of graffiti and
thanked Ms. Kirk, Marshall Peace and Chief Hook for their diligence in combating graffiti.
Mrs. Kirk stated that this ordinance deals with the responsibility of the property owner to
remove graffiti in order to prevent the nuisance of graffiti. Mrs. Kirk stated that research has
proven that the abatelTIent of graffiti within 24 hours is very successful.
Councilman Newcomb stated that the City has aggressively fought graffiti and that citizens.
staff men1bers and the business cOlTImunity have worked together to combat graffiti.
Councilman Newcomb made a motion to approve Ordinance Aniendment Section 46-5 on
Graffiti ControL and Councilman Cramer seconded the motion. Motion was approved 7-0.
(D) Ordinance Amendment--Section 66-19-Graffiti.
Councilman Newcomb stated that this ordinance will deal with the sale of the tools of graffiti
and the accessibility of the graffiti implements. Mrs. Kirk stated that she has communicated
with the SBA and that they are in support of this ordinance. Councilman Hawkins thanked Mrs.
Kirk for her efforts.
Councilman Newcomb niade a motion to approve the Ordinance Arnendrnent Section 66-19 on
Graffiti, and Councilman Hawkins 7-0.
COMMERCIAL BUILDING pJ'.RMITS:
There were none.
(A) Bid Award-2001-004-Recover Operable Partition Wall Panels.
BIP l\WARQS:
Councilman Wood stated that bids to recover the operable partition wall panels in the
COn11TIUnity Center were solicited from vendors with three vendors responding. Councilman
Wood made a motion to award the bid to recover the operable partition wall panels to Acousti,
Inc., the low bidder meeting specifications. for a total cost $11,985.00. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
(B) Bid A ward- 2001-005-- Village Green Signage.
March 19,2001
9
Councilman Wood stated that bids for the Village Green signage were solicited from vendors
with two vendors responding. Councilman Wood made a motion to award the bid for Village
Green signage to Commercial Signs on Atlanta Road, the low bidder meeting specifications, for
a total cost $14,385.00. Councilman Cramer seconded the motion. Motion was approved 7-0.
cQ~SE~TAGENDA~.
(A) Approval of March 5,2001, Minutes.
(B) Approval to Request Bids for Cleaning Products.
(C) Approval to Request Bids for Rotary Heavy Duty Port Liftll94.
Councilman Lnenicka made a motion to approve the Consent Agenda, and Councilman Cramer
seconded the motion. Motion was approved 7-0.
~QMMITTEE. REPORTS:
Mayor Bacon thanked Councilwoman Capilouto for her commitment to the City of Smyrna.
Councilwoman Capiloutothanked the departments for their assistance. Council Members for
their advice and citizens for their support.
Councilman NeWs:ombrecognized Mr. Miller who presented the building permit statistics for
the month of February. Councilman Newcomb stated that he is delighted that Mr. Miller has
joined the City of Smyrna.
Councilman Newcomb state<1tbathe appreciates Councilwoman Capilouto for addressing the
island annexation COnl1l1ents and wishes her well.
Councilman Scoggins stated that he wishes Councilwoman Capilouto all the best and that he
will miss her.
Councilman Hawkins stated that he will miss Councilwoman Capilouto and that she did a great
job.
Councilman Cramer stated that he has enjoyed working with Councilwoman Capilouto.
Councilman Cramer stated that the meeting with the Chateau Walk subdivision was successful.
Councilman Cramer encollraged citizens to contribute to the Veteran's Memorial.
Councilman Lnenicka thanked the City Staff for their continued hard work and stated that every
story has two sides. Councilman Lnenicka stated that the elected officials are honest, moral,
ethical people and urged the public to not form an opinion until they have all the facts.
Councilman Lnenicka thanked Councilwoman Capilouto for her service to the City of Smyrna.
Councilman Wood recognized Mr. Ciaccio who stated that Campbell Middle School has
scheduled a fundraiseI' on April 24'" and invited Mayor and Council to participate in a
Council/Faculty basketball game. Mr. Ciaccio stated that Cobb Park should be finished in the
next 2 weeks weather pern1itting, and reservations for tables for the May 11 th concert must be
n1ade in advance.
Councilman Wood recognized Ms. Bennett who stated that there would be a study circle
meeting on Thursday in the library.
Councilman Wood recognized Mr. Seigler who stated that the National Libl'ary Week will be
the 1" week in April and that the Library received a grant to provide equipment for the vision
impaired.
Councilman Wood stated that people have the right to express themselves and that citizens have
a responsibility to be fair and respectful.
Councilman Wood thanked Charlene for her contribution to the City of Smyrna and stated that
he has enjoyed working with her.
March 19,2001
10
Mr. Smith stated that he respects Councilwoman Capilouto for her outspokenness.
Mister Smith congratulated Ranger Lloyd Platt's daughter on receiving a full scholarship to
Vanderbilt.
Mr. Smith stated that the City of Smyrna staff will be going the extra mile to earn the respect of
the new citizens.
Mr. Cochran stated that he will miss working with Councilwoman Capilouto.
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Mrs. Joiner wished Councilwoman Capilouto well and stated that she has enjoyed working with
her.
ADJOURNMENT
With no further business, the meeting adjourned at 10:38 p.m.
A.MAXBACON,MAYOR
CANDIS JOINER, CITY CLERK
CHARLENECA~LOUTO,WARDl
RON NEWCOMB, WARD 2
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BILL SCOGGINS, WARD 3
JAMES M. HAWKINS, WARD 4
JACK CRAMER, WARD 5
WADE S. LNENICKA, WARD 6
CHARLES PETE WOOD, WARD 7
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