10-21-2013, October 21, 2013 Mayor and Council Minutes SMYRNA
2800 King Street
City of Smyrna Smyrna, Georgia 30080
Meeting Minutes - Final
City Council
Council Chambers
Monday, October 21, 2013 7:30 PM
Call to Order: Presiding Officer Mayor Max Bacon called the meeting to order at 7:33 pm
Present: 8 - Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett,
Councilmember Andrea Blustein, Councilmember Teri Anulewicz,
Councilmember Charles Welch, Councilmember Susan Wilkinson,
Councilmember Wade Lnenicka and Councilmember Ron Fennel
Also Present: 14- Roy Acree, Jennifer Bennett, Kay Bolick, Steve Ciaccio, Scott Cochran,
Eric Taylor, Terri Graham, Samantha Kasraie, Toni Jo Howard, Ann Kirk,
David Lee, Russell Martin, Tammi Saddler Jones and Ken Suddreth
1. Invocation and Pledge:
The Mayor acknowledged Pastor Shell Osbon,who conducted the invocation.
The pledge to the flag was led by Boy Scout Troop 11, Pack 11 and pack leader
Blake Kenya.The Mayor recognized the members of Troop 88 in the audience.
Scout Master Jim Cook thanked Mayor and Council for their support.
Councilmember Fennel presented flags for retirement to representatives of
Troops 11 and 88, encouraging residents seeking to retire their flags to contact
their local scout troop.
2. Agenda Changes:The Mayor announced that item 4(A)would be tabled until 11/4/2013.
3. Mayoral Report:
A. 2013-369 Recognize Boy Scouts of America Pack and Troop 11
The Mayor announced this had been completed.
4. Land Issues/Zonings/Annexations:
A. Z13-015 Public Hearing - Zoning Request Z13-015 - Rezoning from PVC
(Cobb County) to MU-Conditional (Smyrna) - 81.95 Acre Tract - Land
Lots 58, 171, 172, 174, 175 & 284 of the 18th District of Cobb County
- Riverview Road and Nichols Drive - Jamestown, L.P.
Sponsors: Fennel
The Mayor announced the public hearing and called for comment.There was
none.
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City of Smyrna 10/21/2013
Mr. Taylor shared that the item was being tabled at the request of staff in order
to work out a few remaining issues. Councilman Fennel advised that staff had
been working with the applicant and inquired if the applicant was aware the
item was being tabled. Mr. Suddreth confirmed that the applicant had been
notified of the postponement. He stated that primary issues were those related
to a road and the flood line. He elaborated that that all parties were in the
process of working out wording and that the tabling would allow the last few
issues to be addressed. Councilman Fennel announced that the annexation
would incorporate 82 acres on the south side of Smyrna that fronted the
Chatahoochee river.
A motion was made by Councilmember Fennel to table item 4 A Z13-015 to
November 4, 2013- Rezoning from PVC (Cobb County)to MU-Conditional
(Smyrna)-81.95 Acre Tract- Land Lots 58, 171,172,174,175 &284 of the 18th
District of Cobb County- Riverview Road and Nichols Drive-Jamestown, L.P.,
seconded by Councilmember Teri Anulewicz. Motion carried by the following
vote:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
5. Privilege Licenses:
The Mayor stated that there were none.
6. Formal business:
A. V13-034 Appeal the decision of the License and Variance Board regarding
Variance Request - V13-034 - Allow Temporary Sign only on
Weekends (Saturday and Sunday) - 10.0 acres - Land Lot 849 - 2453
Cobb Pkwy- D. Geller and Son.
Sponsors: Pritchett
The Mayor announced the public hearing and called on the applicant.There
was no response.
Mr.Taylor advised that temporary signs were limited to 30 days up to four
times a year. He noted that staff had reviewed the request and found no unique
or extraordinary need for a variance to be granted. Mr.Taylor shared that the
request was heard by the License and Variance Board on 9-11-2013 and denied
unanimously, stating that staff recommended upholding the denial.
Councilwoman Pritchett shared that several local business owners had been
involved throughout the nearly two year process of revising the City's sign
ordinance. She noted that the guidelines included a maximum of 30 days, up to
four times a year,for the use of inflatable signs. The Councilwoman detailed
the locations of D. Geller's other advertising placements in the vicinity of the
store and opined that the desire to use an inflatable represented a desire and
not a need.
Councilwoman Anulewicz relayed details from the appeal letter about the
existing, successful advertising campaign conducted by D. Geller. She stated
that in her opinion the sign ordinance represented a multi-year collaboration
that made concessions for temporary signage. The Councilwoman expressed
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City of Smyrna 10/21/2013
that the inability to utilize the tube man every weekend would not have a
significant negative impact on the business draw of the applicant.
Councilman Fennel inquired if the applicant had been made aware that the
public hearing was being held. Councilwoman Pritchett replied in the
affirmative, informing all present that the applicant had requested this item be
postponed to the current meeting. Councilmember Fennel expressed his
support of the sign ordinance and stated for the record that he wanted to
ensure that the applicant had been made aware of the hearing taking place and
that it had been tabled at their request.
Mayor Bacon advised that the inflatable sign could be used for up to 30 days
and Councilwoman Pritchett added that could be done up to four times per
year.The Mayor stated that the inflatable could still be used,just not every
weekend.
Councilwoman Pritchett stressed the time and effort expended on the behalf of
business owners to revise the ordinance and stated that she could not support
the variance. She stated that she would be happy to meet with the applicant if
they contacted the city but that they had not yet reached out to her regarding
this matter.
Councilwoman Blustein inquired of Mr. Suddreth if the applicant could utilize
twirling human signs in lieu of the inflatable and was replied to in the
affirmative.
A motion was made by Mayor Pro Tern Melleny Pritchett to deny the variance
request V13-041 to allow temporary sign only on weekends (Saturday and
Sunday) 10 acres land lot 849-2453 Cobb Parkway, seconded by
Councilmember Charles (Corkey)Welch.
Scott Cochran advised that in part the motion was based on the fact that
nobody from D. Geller was in attendance to present evidence in support of
their request. Councilwoman Pritchett inquired if the vote should be postponed
and the city attorney replied in the negative.
The motion to deny carried by the following vote:
Aye: 6- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson and Councilmember Fennel
Nay: 1 - Councilmember Lnenicka
B. V13-041 Public Hearing- Appeal License and Variance Board denial of
October 9, 2013 for Variance Request - V13-041 - Allow reduction of
impervious stream buffer from 25 feet to 21 feet - 0.42 acres - Land
Lot 456 - 3303 Woodcrest Court - Bradley Hall
Sponsors: Welch
Mayor Bacon read aloud items 6(A) and 6(B)and called for the background. Mr.
Taylor provided the details of both requests related to the proposed
development of both vacant lots. He advised that staff had reviewed the
requests and recommended approval of the variance request with the
following conditions:
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City of Smyrna 10/21/2013
1.The applicant record a plat of the subject property with the proposed offset
area to remain undisturbed.
2.Approval of the requested variance shall be conditioned upon the
development of the property in substantial compliance with the site plan
submitted with the variance application.
The Mayor announced the public hearing and called for comment, asking all
those wishing to speak to come forward and be sworn in.
Councilman Welch called on Mr. Suddreth, who advised that the request had
been denied by the License and Variance board due to opposition. Mr.
Suddreth shared that code modifications had been added after 1996 to include
a requirement for a 25' impervious buffer in addition to the 25'state mandated
stream buffer. He displayed maps showing both buffers along with the
proposed site plans of the two homes. Councilman Welch inquired if a
variance would have been required under the previous conditions and Mr.
Suddreth responded in the negative. The Councilman inquired about a
stairwell that appeared to encroach on the buffer and Mr. Suddreth explained
that no variance was needed for that structure.
Mayor Bacon relayed that when the subdivision was originally rezoned in 1996
a decision had been made by the developer not to build on the lots under
consideration. There was discussion with Mr. Suddreth as to these being the
only vacant lots in that subdivision.
Bradley Hall, owner of the lots, stated that he currently lives in Smyrna and is
developing one lot for his personal residence and the other for speculation.
Councilman Welch inquired if he had been in contact with the HOA and Mr. Hall
responded in the affirmative. The Councilman asked if extensions in addition
to those shown on the propose site plans where anticipated and Mr. Hall
replied in the negative.
The Mayor called for public comment.
Elizabeth Lee, president of Reed Place HOA, stated that these were the last two
open lots and that she was there to make a statement for the record that all
property owners were required to secure HOA approval before making changes
to the exterior. Ms. Lee advised that plans for only one lot had been received
and that the HOA was unable to approve them due to concerns about the size
and width of the house, proximity to the adjacent homes, driveway placement
and issues with the retaining walls. Ms. Lee shared that the applicant had been
working with them and that adjustments would alter the proposed site plan.
The Mayor stated that he had been informed by Bill Posten that Traton Homes
had chosen not to build on those lots during the initial construction of the
subdivision.
Councilwoman Blustein inquired if those lots were not developed due to
financial hardship of the developer and Ms. Lee responded it was her
understanding that they simply reverted back to the Reed family after the
subdivision was completed in 1998/99. The Mayor relayed that the Reeds and
recently disposed of most of their real estate assets.
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City of Smyrna 10/21/2013
Councilwoman Anulewicz confirmed that Ms. Lee and the HOA were sincerely
looking forward to working with Mr. Hall. There was discussion about the
expiration date of the covenants and Ms. Lee shared that they had recently
been renewed.
Councilman Lnenicka inquired if houses weren't built there what would happen
to that property. Ms. Lee stated that the lots were wooded and she could not
speculate as to what Mr. Hall's intent for that land would be if the homes were
not built. The Councilman confirmed that Mr. Hall would be a member of the
mandatory HOA and subject to the payment of dues.
Councilman Fennel asked how many homes were included in the HOA and Ms.
Lee responded between 62 and 66. She replied in the affirmative to the
Councilman's inquiry that the Board itself had no stated opposition to the
homes but wanted to ensure adherence to the covenants.
William Pamplin, resident of the home adjacent to Mr. Hall's properties stated
his support of Ms. Lee's comments.
A motion was made by Councilmember Charles (Corkey)Welch for approval of
the variance V13-041 allow reduction of impervious stream buffer from 25 feet
to 21 feet- 0.42 acres, Land Lot 456, 3303 Woodcrest Court reminding Mr. Hall
he is subject to all HOA requirements and the review of the architectural
committee within that subdivision, seconded by Mayor Pro
Tem/Councilmember Melleny Pritchett.
Councilman Lnenicka inquired if Councilman Welch would make the
stipulation by Community Development to preserve and protect the offset in
the stream buffer part of his motion. Councilman Welch confirmed it was part
of the motion.
Motion carried by the following vote 7-0:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
C. V13-042 Public Hearing - Appeal License and Variance Board denial of
October 9, 2013 for Variance Request - V13-042 - Allow elimination of
impervious stream buffer- 0.51 acres - Land Lot 456 - 3305
Woodcrest Court - Bradley Hall
Sponsors: Welch
The Mayor called for a vote on item 6(C)
A motion was made by Councilmember Charles (Corkey)Welch to approve the
variance request V13-042, allow elimination of impervious stream buffer- 0.51
acres, land lot 456, 3305 W000dcrest Court Mr. Bradley Hall will be subject to
the community development requirements, HOA requirements and the review
of the architectural review committee, seconded by Mayor Pro
Tem/Councilmember Melleny Pritchett. Motion carried by the following vote
6-1:
Aye: 6 - Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Lnenicka and Councilmember Fennel
Nay: 1 - Councilmember Wilkinson
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City of Smyrna 10/21/2013
D. ORD2013-15
Replace Pawn Brokers Ordinance with Ordinance 2013-15, Article Ill,
Chapter 22, Division I, Sections 22-66 through 22-100 Pawn Brokers,
City of Smyrna code of Ordinances.
Sponsors: Fennel
Mr. Taylor explained that the City began an overhaul of the ordinance in 2011
that raised questions about the electronic submission of information to the
police department. He noted that a portion had been suspended numerous
times over the past several years and advised that Cobb County had recently
passed an ordinance addressing electronic reporting. Mr.Taylor stated that the
City was taking the opportunity to mirror the County's approved ordinance and
that staff recommended approval.
Mayor Bacon mentioned that the precious metal dealer ordinance had also
been revised to comply with electronic submission requirements.
The Mayor announced the public hearing and called for comment.There was
none.
Councilman Fennel noted the goal of the ordinance was to curtail fencing,
among other things, and ensure the safety of the community. He called on
Detective Chris Singleton,who shared that the current system was antiquated
and did not provide a searchable, user-friendly database. He elaborated on
enhanced features of the new system, including real-time tracking and a
requirement for pawn brokers to enter the basic information needed by police.
The Mayor raised questions about privacy rights of those pawning items and
inquired about the location of the company storing data.There was discussion
that the City would be utilizing Texas based LEADS Online for processing.
Mayor Bacon requested that the Detective discuss the changes for the
consumer and it was shared that a photograph, and digital fingerprint would be
included with each pawn.The Mayor inquired if the pawnbroker received
feedback at the time of identification and was informed that was not the case.
Councilman Fennel asked if Cobb County was utilizing LEADS Online as a
provider and was informed they were in the process of implementing that
service. The Councilman inquired about costs to the pawn brokers as well as
the customers for the installation of the system and was told there was
approximately a$300 set up for the business owner and a transaction fee of 20
cents per ticket, with up to 15 items per ticket, paid for by the customer. It was
noted that much of the country was trending toward this system.
Councilmember Anulewicz questioned if an argument could be made that a
community not participating in this system could gain a reputation for having
low security and Detective Singleton supported that statement.
Councilwoman Blustein inquired about applications for the sale of copper and
was informed that while the City did not currently have facilities taking in that
material, the system could be installed as needed. He noted that some local
business voluntarily used LEADS Online as part of their policy, including
pharmacies and electronics stores.
Councilman Lnenicka commented that there had been inadequate time to
review the final red-line version of the ordinance and cited inconsistent
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wording regarding the types of information pawn brokers were required to
gather for submission to the police department. He stated his support for
tabling the item, noting that the title of the agenda item had been modified
earlier that day and that the exact nature of the final changes needed additional
clarification and consideration.
Mayor Bacon inquired which department submitted the ordinance and called
for additional questions of Detective Singleton.
Councilman Lnenicka advised that years had been spent working on the
revisions to the ordinance with meetings being conducted with the business
community to resolve problems. He suggested that an additional meeting to
review the final ordinance be held with the business owners.
Councilwoman Pritchett stated that people were told that once the changes
had been made they would be implemented, opining that feedback had already
been received and that there was no need for a second meeting.
The Mayor shared that during the initial meetings with the pawn brokers the
portion mandating electronic records was either taken out or suspended. He
advised that a copy of the ordinance being considered had been forwarded to
one pawn shop and that no response had been received.
Councilman Lnenicka stated that he did not disagree with the changes and
emphasized his opinion that the final ordinance was not ready for a vote.
MOTION: Councilman Lnenicka moved to table item 6D ORD2013-15 replace
Pawn Brokers Ordinance with Ordinance 2013-15, Article III, Chapter 22,
Division I, Sections 22-66 through 22-100 Pawn Brokers, City of Smyrna code
of Ordinances for 2 weeks to discuss further.
Mayor Bacon called on Chief Lee,who informed all present that the ordinance
could not be applied to scrap metal per Georgia state law.
There was discussion with Councilman Lnenicka regarding the sections of the
ordinance identified as inconsistent. Councilman Fennel noted that one
section applied to a permanent records and the other to the required daily
report. Councilman Lnenicka recommended consolidating the point of
collection for information in order to simplify the process for businesses.
Detective Singleton advised that the tab form used by LEADS online would
fulfill both sections contained in the ordinance and require a single point of
entry. Councilman Lnenicka expressed that it was not possible to verify if that
would suffice without a copy of the form to review.
Mayor Bacon inquired if objections on the part of pawn shop owners were
anticipated. Mr. Singleton stated that the current reporting format contained
identical data to that listed in the ordinance.
Councilman Fennel inquired what the effective date would be if approved and
if implementation would be immediate. He noted that technically the vote
would be to lift the suspension of the electronic portion and asked if adequate
preparation time had been in place to allow police to enact the change
immediately. Detective Singleton stated that the intention had been to offer a
grace period for businesses during the training period for officers.
Mayor Bacon addressed the city attorney about the possibility of placing an
effective date on the ordinance prior to passing. Mr. Cochran stated that was a
possibility. Councilman Fennel expressed his desire for the police department
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to be provided adequate time for an implementation phase. The Mayor
recommended for consideration an effective date of January 1, 2014.
Councilwoman Pritchett asked Detective Singleton if an implementation phase
was needed and he stated that his preference would be in support of a training
period for LEADS online.
The Mayor advised that Councilwoman Wilkinson had seconded the motion
and called for a vote on Councilman Lnenicka's motion to table.The motion
failed by the following vote: 4-2. (Clerk's note: Councilmember Andrea Blustein
left the bench).
Aye: 2 - Councilmember Wilkinson and Councilmember Lnenicka
Nay: 4 - Mayor pro tem/Councilmember Pritchett, Councilmember Anulewicz,
Councilmember Welch and Councilmember Fennel
Excused: 1 - Councilmember Blustein
A motion is made by Councilmember Ron Fennel to amend ordinance 2013-15
before them to make an effective date of January 1, 2014,seconded by
Councilmember Teri Anulewicz. Motion carried with the following vote 5-2:
Aye: 5- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch and Councilmember
Fennel
Nay: 2 - Councilmember Wilkinson and Councilmember Lnenicka
A motion was made by Councilmember Ron Fennel to approve the amended
Ordinance 2013-15 to replace Pawn Brokers Ordinance with Ordinance
2013-15, Article Ill, Chapter 22, Division I, Sections 22-66-22-100 Pawn
Brokers, City of Smyrna code of Ordinances, seconded by Councilmember Teri
Anulewicz.
Councilman Fennel stated that he shared some of Councilman Lnenicka's
concerns. He noted that among them was the issue of consistency. He shared
that Council reserved the right, prior to the January 1, 2014 implementation
date, to make additional amendments, stating his support for developing
conversations to that end. He encouraged seeking meetings with local
businesses to show support and help clarify the intent of the ordinance as
aligning with that of Cobb County. He reminded all present that public safety
was of the utmost concern and that this initiative was about ensuring that the
police department had the tools needed to implement the law and protect the
public.
Mayor Bacon encouraged Council to delve into detail about issues during the
scheduled meetings.
Motion carried by the following vote 5-2:
Aye: 5- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch and Councilmember
Fennel
Nay: 2 - Councilmember Wilkinson and Councilmember Lnenicka
E. ORD2013-16 Replace Precious Metals Dealers Ordinance with Ordinance 2013-16,
Article V, Chapter 22, Precious Metals Dealers sections 22-180
through 22-191, City of Smyrna code of Ordinances.
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City of Smyrna 10/21/2013
Sponsors: Fennel
A motion was made by Councilmember Ron Fennel to approve ORD2013-16
with an effective date of January 1, 2014 to replace Precious Metals Dealers
Ordinance with Ordinance 2013-16 Article V, Chapter 22, Precious Metals
Dealers sections 22-180-22-191, City of Smyrna code of Ordinance, seconded
by Councilmember Ted Anulewicz. Motion carries with the following vote 5-2:
Aye: 5- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch and Councilmember
Fennel
Nay: 2 - Councilmember Wilkinson and Councilmember Lnenicka
F. 2013-172 Lift the suspension of all sections mandating use of electronic records
of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of
Ordinances
Sponsors: Fennel
A motion was made by Councilmember Ron Fennel to approve 2013-172 to lift
the suspension of all sections mandating use of electronic records of Article Ill,
Chapter 22, Pawnbroker, city of Smyrna Code of Ordinances as a
housekeeping measure, seconded by Councilmember Teri Anulewicz. Motion
carried by the following vote 5-2:
Chief Lee thanked Detective Singleton for his diligence in working on this
project over the past few years. Councilman Fennel expressed his gratitude to
the public safety personnel.
The Mayor again encouraged that full discussion of concerns take place prior
to items being brought to the floor.
Aye: 5 - Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch and Councilmember
Fennel
Nay: 2 - Councilmember Wilkinson and Councilmember Lnenicka
7. Commercial Building Permits:
A. 2013-373 Issuance of a commercial building permit at 4560 South Cobb Drive
for the construction of a Krispy Kreme store.
Sponsors: Lnenicka
Eric Taylor provided the background of the proposed construction of a Krispy
Kreme store and stated that staff recommended approval.
A motion was made by Councilmember Wade Lnenicka to approve the
issuance of a commercial building permit at 4560 South Cobb Drive for the
construction of a Krispy Kreme Store, seconded by Charles Welch. Motion
carried by the following vote 7-0:
Aye: 7 - Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
8. Consent Agenda: Mr.Taylor read aloud the consent agenda.
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City of Smyrna 10/21/2013
A motion was made by Mayor Pro Tem/Councilmember Melleny Pritchett to
approve the consent agenda,seconded by Councilmember Charles (Corkey)
Welch. Motion carried by the following vote 6-1:
Aye: 6- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson and Councilmember Fennel
Nay: 1 - Councilmember Lnenicka
A. 2013-371 Approval of October 7, 2013 Mayor and Council Meeting Minutes
This Authorization was approved.
B. 2013-362 Approval of 2014 Smyrna Community Events
Sponsors: Anulewicz
This Public Road Use was approved.
C. 2013-367 Award RFP 14-004 Strategic Technology Plan and Risk Assessment to
Dell Marketing L.P. for$54,720 and authorize the Mayor to execute
any related documents.
Sponsors: Anulewicz
This Bid/RFP Award was approved.
9. Committee Reports:
Councilman Fennel called on Acting Fire Chief Roy Acree,who discussed the
importance of safety during Halloween festivities, encouraged all to drive with
extreme caution and providing safety tips. He advised that the safety tips
would also be made available on the city's facebook page.
Councilman Fennel reminded all present that the readysmyrna.com website
was available and contained information on Smyrna's Preparathon and
partnership with FEMA. He shared that the search for a new Fire Chief was
underway and the anticipated time frame. Police Chief Lee shared that the
department had been conducting monthly leadership training and provided
details of the program. He advised that strategic planning was nearing
completion and shared that the department had been meeting with Whitfield
Academy to discuss logistics and offer safety suggestions.The Councilman
welcomed Patrick Law, the city's new park ranger. Councilmember Fennel
reminded all to recognize breast cancer awareness month.
Councilman Lnenicka noted the passing of Smyrna residents including Norma
Jean Barge-Watts, mother of State School Superintendent and gubernatorial
candidate Dr. John Barge. He shared that Ward 6 resident Neil Peevey, a
developer responsible for significant growth trends in Smyrna and WWII
veteran Ray Moore had also passed. Councilman Lnenicka made known that
Creatwood Forrest resident Ed Laporta, guest speaker at the city's Veteran's
Day ceremonies, respected citizen and distinguished war veteran had passed.
He extended his condolences to the family of Mr. Laporta. Councilman
Lnenicka shared that Teasley Elementary had held their 50th anniversary
celebration and thanked the residents of Forest Hills for inviting him to their
fall festival.
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City of Smyrna 10/21/2013
Susan Wilkinson called on Mary Moore, who delivered a report on the
Halloween activities scheduled at the library and the Indie movie streaming
program. Steve Ciaccio shared the Halloween event taking place in the City
and provided details of the event.
Councilman Welch called on Ann Kirk, inquiring about some trees being
removed. Ms. Kirk advised that the arborist had confirmed that the trees were
diseased and that their removal was required in order to plant replacements.
The Mayor shared that landscaping revisions had long been planned and Ms.
Kirk stated that public works could provide additional information. She shared
that the recent adopt-a-mile clean-up had been highly successful and
announced the annual IBM day of service. She advised that no tax payer
dollars were being used for the service day as all of the supplies had either
been donated or provided through IBM grants and Keep Smyrna Beautiful. Ms.
Kirk shared that the Campbell High School Key group had conducted a
clean-up initiative and that the River's Alive clean-up event was upcoming. She
announced that Jonquils were available at the recycling center and that leasing
of plots at the community garden was underway. Assistant Public Works
Director Frank Martin elaborated on the status of the tree removal and
delivered an update for projects throughout the City. Councilman Welch
addressed the work being done on Concord Road and reported that he had
addressed issues raised about ongoing clean-up.
Councilwoman Anulewicz stated that there was no report from finance and
invited Jennifer Bennett to discuss the upcoming Jonquil Festival. Ms. Bennett
shared the times of the event along with planned activities and stated that
additional details were available on the city's website and facebook feed.
Councilwoman Anulewicz commented on the tree removal project and that the
trees were clearly diseased. She delivered a public safety announcement
regarding the use of active railroad tracks for photo opportunities and strongly
advised against the process.
Councilwoman Blustein called on Ken Suddreth, who announced that
community development numbers were up and relayed several of the
categories quantified. He noted that renovations remained high along with the
increase in new building permits. The Councilwoman advised that permits
were required for the replacement of water heaters and inquired what other
renovations required a permit that might not be immediately obvious to the
general public. There was discussion about several types of renovations that
would need to be permitted and Mr. Suddreth advised that details were
available on the webpage or could be obtained by contacting community
development staff. Councilmember Blustein reminded all that permits must be
posted. The number and trend of commercial renovations and new
construction was discussed.
Melleny Pritchett yielded with no report.
10. Show Cause Hearings:
The Mayor announced that this item would be heard following the citizen input
portion of the meeting.
11. Citizen Input:
Alex Backry of 3459 Shawnee Trail commented on an article in the Marietta
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City of Smyrna 10/21/2013
Daily Journal regarding Hickory Lakes and the potential for the city selling it at
a loss. He referenced the Smyrna Commons deal and presented numbers
about the cost per voter for both of those transactions. Mr. Backry called for
town halls and referendums to enhance transparency and answer citizen
inquiries about expenditures. He recommended stricter code enforcement to
prevent apartments from being classified as run-down and applauded the
approach being taken by the City of Marietta regarding a proposed apartment
purchase.
Larisa Edwards of 304 Hickory Springs inquired if a private meeting was being
held the following day and the Mayor responded in the negative. She
commented on the potential for loss during the sale of Hickory Lakes and
asked how the debt would be recovered. Ms. Edward read aloud from the
Smyrna city website regarding leadership responsibilities and displayed
graphics. She expressed interest in the number of realtors on Council and
called for town hall meetings. Ms. Edwards read aloud from the Civil Service
Board portion of Municode and encouraged those dissatisfied with city
practices to contact the Mayor and copy her on their correspondence.
10(A). 2013-353 Appeal the denial by the License and Variance Board for Alcohol
Server's Permit - Anne Newton
Sponsors: Blustein
Eric Taylor provided the background that Ms. Ann Newton was denied a
server's permit by the police department on 9/16/2013 and that her appeal to
the License and Variance Board had been heard and denied on 10/9/2013. He
advised that she had chosen to appeal those decisions before Mayor and
Council.
City Attorney Scott Cochran explained that this was an informal event where
Ms. Newton could present any information or testimony she wished to have
heard and swore her in.
Ms. Newton informed all present that she was employed at Timbers restaurant
as a cook. She shared that since she was not able to obtain a license she was
hired to act as a manager during her employer's medical leave. Her temporary
position was not needed once the boss returned to work and she was placed
on the cooking line. Ms. Newton stated that approval of her request would
allow her to work in the capacity of manager for the front of the house.
Ms. Newton advised that she was in school, making straight A's and focusing
on making the right decisions and choices. She requested that her appeal be
approved so that she could better do her job and return to managing. Ms.
Newton stated that she had worked for the same boss off and on for nearly 17
years and had acted as a manager in more than one location for him.
Councilwoman Blustein inquired if Ms. Newton was seeking a career in
healthcare management and the applicant replied that she was working
towards that goal after completing her courses.
Councilwoman Blustein stated that she had read the positive endorsements
presented and commented that the longevity of employment with her boss was
indicative of his opinion of her.The Councilwoman asked for assurances that
Ms. Newton was on the straight and narrow and Ms. Newton stated she would
not be before Mayor and Council if that was not the case.
12
City of Smyrna 10/21/2013
presented and commented that the longevity of employment with her boss was
indicative of his opinion of her.The Councilwoman asked for assurances that
Ms. Newton was on the straight and narrow and Ms. Newton stated she would
not be before Mayor and Council if that was not the case.
Councilman Lnenicka commented that the restaurant where she worked was
active in the community. He inquired if Ms. Newton fully understood the
ramifications should she be granted the license and receive a violation. He
questioned which training procedures she would utilize in a role as manager
and Ms. Newton responded.There was discussion about posting contact
information of transportation services for customers that might need
assistance returning home.
Councilman Fennel asked about the training program in place at the restaurant
regarding alcohol service. He recommended that in addition to the standard
policies of the restaurant, Ms. Newton consider adopting TIPS or Serve Safe
certifications. Ms. Newton advised that she was Serve Safe certified.
A motion was made by Councilmember Andrea Blustein to approve a Alcohol
Servers permit for Anne Newton, seconded by Councilmember Teri Anulewicz.
The motion carried by the following vote 7-0:
Aye: 7 - Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
12. Adjournment:The Mayor declared the meeting adjourned at 9:50 pm.
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13
City of Smyrna 10/21/2013
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