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01-18-2000 Regular MeetingJANUARY 18. 2000 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 except Charlene Capilouto who was absent due to illness. Also present were City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott A. Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Representative Carol Cowan, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Jimmy Barry of Milford Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Chris Corey presented the Smyrna Star Employee of the Month award to Firefighter II Jason F. Lanyon of the Smyrna Fire Department. Chief Larry Williams commended Mr. Lanyon for his aide in preparing the City for Y2K. Mr. Smith also commended Mr. Lanyon for his involvement with the Y2K preparations. Mayor Bacon recognized Mr. Jim Brown from Charter Communications who stated that he had hired three experienced customer service representatives as well as an experienced office manager, Mr. Harold Collins. Mr. Brown stated there is progress in Charter's customer service, and he will return for the next council meeting with another update. Mayor Bacon questioned the number of calls that Charter is receiving and Mr. Brown stated that he would have definite numbers for Mayor Bacon at the next meeting. Mr. Smith commended Jason Nunn of Charter Communications for his work with the equipment at City Hall to improve the quality of the meetings' broadcast. Mayor Bacon recognized Ann Kirk who introduced the Keep Smyrna Beautiful Commission. Mrs. Kirk presented the National Keep America Beautiful Third Place Award that she received on behalf of the City and thanked Mayor Bacon, City Council, the community for their commitment to the program and the City Department Heads for their support. Mayor Bacon commended and thanked the volunteers for their hard work and dedication. Mayor Bacon introduced State Representative Randy Sauder who invited the public to attend the Cobb Legislative Delegation meetings. Representative Sauder also discussed the bill, which he introduced to add a new Judge to Cobb County, as well as the bill, which would enact the Smyrna Revitalization Authority. Councilman Cramer stated that a letter -had been circulated near the neighborhood of El Pastoracito concerning their business license and explained that the hearing for this establishment would be February 7, 2000. Mayor Bacon recognized Mr. James Altman who stated he was an attorney representing some of the parents of the Smyrna Little League. Mr. Altman expressed their concerns on the handling of finances by Smyrna Little League and questions regarding the payment of umpires as well as providing funding for traveling teams. Mr. Altman also expressed concerns regarding allegations of discrimination. Mr. Altman stated that on two occasions, parents have requested meetings and the parents' requests have been denied for various reasons and memberships have been pulled. Mayor Bacon questioned Mr. Altman about the existence of a governing Little League organization and said that in the past the City of Smyrna has not been involved in the operations of the Smyrna Little League. Mr. Altman stated the parents would like to meet with the Smyrna Little League Board Members. Councilman Hawkins suggested that Mr. Altman and parents also meet with the Parks and Recreation Committee and asked Steve Ciaccio if the Parks and Recreation Conunittee could meet with the Board of Directors of Smyrna Little League. Mr. Ciaccio stated a meeting could be scheduled. Councilman Hawkins then suggested the Parks and Recreation Department require a financial statement from organizations utilizing the City facilities. Councilman Lnenicka thanked the parents and Mr. Altman for attending the meeting. Councilman Cramer stated that the organizations should provide a budget to their membership. Mr. Mike Hyde, a former board member, asked for the City's support of the associations. Mr. Jay Torres, parent, stated if the Smyrna Little League Board conununicated with the parents, some of the issues could be resolved. Mr. Torres said January 18, 2000 meeting - continued that he feels intimidated and harassed when approaching the Board and would appreciate any help that the City could give. Councilman Wood assured him that the Parks and Recreation Committee would discuss these issues with the Smyrna Little League. PUBLIC HEARINGS: (A) Variance Request - Dunkin Donuts- 3300 South Cobb Drive - To use two non -Earth Tone colors. Councilman Hawkins stated that the City had received a letter from the applicant requesting the variance request to use non -earth tone colors be withdrawn. Councilman Hawkins made the motion that the variance request be withdrawn and Councilman Cramer seconded the motion. Motion was approved 6-0. **Mr. Smith suggested the City refund the price of the variance request. Council agreed. (B) . Variance Request - 3380 South Cobb and Concord Road —Request to use a non -Earth Tone color or colors on Canopy (Former HESS Station) Councilman Hawkins stated the City received a letter from the applicant requesting that the variance request to use non -earth tone colors be withdrawn. Councilman Hawkins made the motion that the variance request be withdrawn and Councilman Scoggins seconded the motion. Motion was approved 6-0. **Mr. Smith suggested the City refund the price of the variance request to both parties. Council agreed. FORMAL BUSINESS: (A) Extension of the Apartment Moratorium Councilman Newcomb stated the apartment moratorium that has been in effect for several years was due to the high population density that Smyrna incurred. Councilman Newcomb made a motion to extend the apartment moratorium for six months ---January 7, 2000 to July 7, 2000. Councilman Hawkins seconded the motion. Motion was approved 6-0. (B) Animal Control Agreement Mr. Smith stated that the Animal Control Agreement would give Cobb County the authority to enforce animal control ordinances within the City of Smyrna. Councilman Lnenicka stated the Police Committee members have reviewed the agreement and they recommend this agreement be adopted. Councilman Lnenicka made a motion to approve the Animal Control Agreement. Councilman Newcomb seconded the motion. Motion was approved 6-0. (C) Appointment to Keep Smyrna Beautiful Commission -Wards 1 , 3, 5 Councilman Scoggins made a motion to reappoint June Wolf as the Ward 1 representative on the Keep Smyrna Beautiful Commission for Councilwoman Capilouto. Councilman Hawkins seconded the motion. Motion was approved 6-0. Councilman Scoggins made a motion to reappoint Sandi Sands as the Ward 3 representative on the Keep Smyrna Beautiful Commission. Councilman Wood seconded the motion. Motion was approved 6-0. Councilman Cramer made a motion to reappoint Mary Betty Johnson as the Ward 5 representative on the Keep Smyrna Beautiful Commission. Councilman Hawkins seconded the motion. Motion was approved 6-0. (D) Appointment to Parks and Recreation Commission -Ward 3 Councilman Scoggins made a motion to reappoint Rosie Malone to the Parks and Recreation Commission as the Ward 3 representative. Councilman Cramer seconded the motion. Motion was approved 6-0. January 18, 2000 meeting - continued COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of January 3, 2000 Minutes. (B) Approval of Activity Center/Town Center Investment Policy Study (C) Approval to Request Bids for Replacement Truck —Community Development (D) Approval to Authorize Mayor to Sign Contract With AirTouch Cellular Councilman Lnenicka made the motion to approve the consent agenda and Councilman Hawkins seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: Councilman Newcomb called upon Carol Cowan of Conununity Development. Ms. Cowan presented the statistics for their department. Councilman Scoggins called upon Ann Kirk of Keep Smyrna Beautiful who stated she is submitting state applications for the City for various awards. Mrs. Kirk thanked the citizens for their recycling efforts. Councilman Scoggins called upon Scott Stokes of the Public Works. Mr. Stokes reported on the increased number of sanitation customers due to Smyrna's growth. Mayor Bacon reminded citizens to follow the leaf pick up schedule. Councilman Hawkins stated the budget process will begin in February. Mr. Hawkins informed the citizens that the bright yellow border on the Shell canopy at Concord Road and Kings Springs would be removed. Councilman Hawkins explained that the approval of the Activity/Town Center grant request approved on the consent agenda will hopefully fund methods of providing pedestrian traffic into the new retail center. Councilman Cramer stated there was no report from Human Resources this evening. Councilman Lnenicka stated as a result of the recent report by 60 Minutes regarding the contamination from gas stations into the water supply, he had asked our Utilities Division to contact the Cobb Water Authority regarding the quality of the city's water supply. He reported that the Cobb Water Authority continually tests for contamination and the test shows one part contamination per billion parts of water and assured the citizens their water is safe. Councilman Lnenicka stated recently a construction crew working on Atlanta Road who hit a gas main had no permit to work in Smyrna or Cobb County. He then commended the Public Works department on their handling of the gas leaks. Councilman Lnenicka called upon Chief Williams. of the Smyrna Fire Department who gave a report on the number of calls his department responded to this past year. Councilman Wood recognized Jennifer Bennett who presented the tentative upcoming schedule of events and asked fqr volunteers for the events. Councilman Wood recognized Michael Seigler of the Library who stated that the Library now has Gallileo and announced the Friends of the Library meeting on Thursday with author, Kathy Scott. Councilman Wood recognized Steve Ciaccio who reported the statistics for his department and the number of the Community Center bookings for various events and miscellaneous use. Mayor Bacon recognized Dan Bartlett, President of Smyrna Little League. He thanked the Mayor for the opportunity to speak and stated he had heard the concerns expressed by Mr. January 18, 2000 meeting - continued Altman while watching the Council Meeting at home and wanted an opportunity to address them. Mr. Bartlett assured the council that the financial records of Smyrna Little League are a matter of public record; and announced that the Board of Smyrna Little League has called for a special meeting. He stated lie had not heard from this group of parents before and assured Mayor Bacon that the Smyrna Little League Board Members dedicate a lot of time and effort to the children of Smyrna. Councilman Hawkins asked Mr. Bartlett if everyone has an opportunity to vote for the members of the Board of Directors, and Mr. Bartlett answered yes. Mr. Bartlett said that he feels that the majority of the members of Smyrna Little League will stand behind the Board Members. Mr. Bartlett continued that if the majority of Smyrna Little League parents are unhappy, a new board could be elected next year. He then stated that fees have not been increased in three years, and the fees include a built-in fund raising amount. Mr. Bartlett said that there are many checks and balances in place with the concession stand money. Councilman Wood asked about the meeting date and Mr. Bartlett stated the meeting will be February 13 at the American Legion at 3:00 p.m. and the membership of Smyrna Little League will be notified by mail. Mayor Bacon questioned if the meeting is a special meeting and Mr. Bartlett answered that it is. ADJOURNMENT With no further business, the meeting adjourned at 9:07 p.m. A. MAX BACON, MAYO CANDIS JOIN , CITY CLERK � L v.r J"J CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 Y�A JAMES A L 6 - , _� CHARLES P TE WOOD, WARD 7