03-18-2002 Regular MeetingMarch 18, 2002
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 Council Member Hawkins, who was absent because
of a family medical emergency. Also present was Interim City Administrator Chris Corey,
Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Fire Chief Larry Williams,
Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook,
Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community
Development Director Chris Miller, Community Relations Director Jennifer Bennett, City
Engineer Ken Hildebrandt and representatives of the press.
Pastor Keith Crowgey of Locust Grove Baptist Church called for a moment of silence for
missing Petty Officer 2nd Class Jason Lawson, followed by the invocation and pledge to the flag
CITIZENS INPUT/SPECIAL RECOGNITION:
Mayor Bacon. recognized Ms. Ann Kirk, who recognized Ms. Mary Betty Johnson, who was
recognized for ten years of service with the Keep Smyrna Beautiful Commission (KSBC). Ms.
Kirk explained that Ms. Johnson is the first Life Member of KSBC and she was presented with
a crystal jonquil. Ms. Kirk also called upon the other members of KSBC to come forward and
introduced them and expressed appreciation for their efforts. Ms. Kirk also recognized Mr.
Scott Stokes and congratulated him for his role in helping the City win the current First Place
Waste Minimization Award given by the State. Council Member Cramer expressed his
appreciation to Ms. Johnson for her contribution to the success of KSBC. Mayor Bacon
recognized Mr. Frank Adams who commended KSBC for the various awards it has garnered
over the last several years.
Mayor Bacon recognized Mr. Bill Lnenicka, who provided information regarding the progress
of the Veterans Memorial. Mr. Lnenicka stated that rough grading is expected to be complete
by March 19. Mr. Lnenicka said that when the stump of the recently removed oak tree was
examined, there was evidence of massive lightning damage and there is little doubt that the tree
could not have been saved. Mr. Lnenicka stated the construction is expected to be back on
schedule by May 3 and that it may be complete by the middle of August with an absolute
deadline of September 19. Mr. Lnenicka explained the replanting of trees would be done later
in the fall as this is the most favorable season for this type of planting. Mr. Lnenicka advised
that 1,500 pavers have been received with 700 more on order and that the total number of
available pavers is expected to be 2,700. Mr. Lnenicka reported the expected date of a
dedication ceremony is September 21 or 28. Mayor Bacon explained that every effort was
made to spare the lightning -damaged oak tree, but every professional opinion indicated that the
tree could not be saved. Mayor Bacon stated that Petty Officer Jason Lawson should be
recognized for his service to his country, and that the planned dedication ceremony could be a
good time for that. Council Member Cramer expressed appreciation for the efforts made on
this project by Mr. Lnenicka.
PUBLIC HEARINGS:
(A) Variance Request - Accessory Structure Beyond Maximum Number Allowed - 3046
Lee Street
Mr. Corey stated the subject property contains a single-family residence and is zoned R-15, and
the applicant has requested a variance to permit a new free-standing garage to replace the
existing garage. Mr. Corey advised this free-standing garage would be considered an accessory
structure in accordance with the City's Zoning Code. Mr. Corey stated Section 501.11 of the
Smyrna Zoning Code limits the number of accessory structures to one per lot, and that the
applicant is proposing to replace the existing free-standing garage with a new structure large
enough to accommodate two full-size vehicles. Mr. Corey stated the new garage is proposed to
be located in the same general area adjacent to the existing driveway. Mayor Bacon recognized
Mr. L. A. Barto, who owns the subject property.
Mayor Bacon stated this is a public hearing and asked for comment. There was none.
Mayor Bacon called upon Council Member' Scoggins to conduct the variance hearings
in Council Member Hawkins' absence.
March 18, 2002 2
Council Member Scoggins recognized Mr. Chris Miller, who discussed the information in the
variance synopsis. Council Member Scoggins asked Mayor Bacon for permission to proceed to
hearing items (B) and (C) and Mayor Bacon gave his consent.
(B) Variance Request - Oversized Accessory Structure - 3046 Lee Street
Council Member Scoggins asked Mr. Barto if wished to build an 852 square feet structure as
opposed to the maximum allowed size of 700 square feet, and Mr. Barto answered in the
affirmative. Council Member Scoggins asked if there were any objections to this, and none
were expressed.
(C) Variance Request - Reduction in Setback Requirements - 3046 Lee Street
Council Member Scoggins asked Mr. Miller if the proposed reduction in setback would result
in an actual setback of two feet, and Mr. Miller answered in the affirmative. Council Member
Scoggins asked Mr. Miller if his staff supports the proposed variance, and Mr. Miller said yes.
Mayor Bacon asked Mr. Barto if an existing structure will be demolished and replaced with a
new one, and Mr. Barto answered in the affirmative.
Council Member Scoggins made a motion to approve a variance request for an accessory
structure beyond the maximum number allowed for 3046 Lee Street and the motion was
seconded by Council Member Wood. Council Member Newcomb asked if the owners of
adjoining property which could be affected had been made aware of the proposed variance
request, and Mr. Barto said yes and provided some details. Motion was approved 6 - 0.
Council Member Scoggins made a motion to approve a variance request for an oversized
accessory structure for 3046 Lee Street and the motion was seconded by Council Member
Cramer. Motion was approved 6 - 0.
Council Member Scoggins made a motion to approve a variance request for a reduction in
setback requirements for 3046 Lee Street and the [notion was seconded by Council Member
Newcomb. Motion was approved 6 - 0.
FORMAL BUSINESS:
(A) Approval of Authorization for Mayor to Sign Georgia Greenspace Program Grant
Award for Fiscal Year 2002
Mr. Corey sated the Department of Natural Resources has advised the City that it has been
awarded $220,510 for the Greenspace Program Award for fiscal year 2002, and that the
Finance Director has reviewed a wire transfer notification of this dollar amount and made
financial institution information corrections as appropriate. Mr. Corey stated the signatures of
the chief elected official and finance officer are required on these agreement documents.
Council Member Wood stated the Greenspace funds can only be used for the purpose specified
in the program.
Council Member Wood made a motion to approve authorization for the Mayor to sign the
Georgia Greenspace Program Grant Award Agreement for Fiscal Year 2002, and the motion
was seconded by Council Member Cramer. Motion was approved 6 - 0.
*Council Member Pritchett made a motion to suspend the rules to add an additional
appointment under agenda item 4 (B), and the motion was seconded by Council Member Wood.
Motion was approved 6 - 0.
*(B) Appointment of Replacement Members to the Smyrna Housing Authority (SHA) and
the Planning and Zoning Board (PZB)
Council Member Pritchett made a motion to appoint Marcia Curtis to the to PZB, and the
motion was seconded by Council Member Newcomb. Motion was approved 6 - 0.
Council Member Pritchett made a motion to appoint Lana Chase to the SHA, and the motion
was seconded by Council Member Newcomb. Motion was approved 6 - 0.
March 18, 2002
(C) Approval of Authorization to Make Application for Fiscal Year 2003 Community
Development Block Grant (CDBG) Funds
Mr. Corey stated the Parks and Recreation Department (PRD) is requesting permission to apply
for fiscal year 2003 CDBG funds to he used for continued phase development of Chuck Camp
Park. Mr. Corey stated funding for Phase I and II has been primarily from CDBG sources, and
there are no general fund commitments through the CIP process to build an additional ballfield
at Chuck Camp Park in fiscal year 2003. Mr. Corey stated that, because there are no other
fund sources assigned, it is the recommendation of PRD to utilize CDBG funds once more.
Council Member Wood made a motion to approve authorization to make application for fiscal
year 2003 CDBG funds and the motion was seconded by Council Member Cramer. Motion
was approved 6 - 0.
(D) Approval of Request for Proposals for Construction of New Water Supply Line
Council Member Wood advised that bids will be sought for the installation of water service
lines for the areas in the south of the City such as the Oakdale Road/Riverside Drive/East-West
Connector area.
Council Member Wood made a motion to approve request for proposals for construction of a
new water supply line, and Council Member Scoggins seconded the motion. Motion was
approved 6 - 0.
COMMERCIAL BUILDING _PERMITS:
.
There were none.
BID AWARDS:
(A) Award of Bid for Purchase of a Dump Truck for the Parks Facilities Division (PFD)
Mr. Corey stated the Purchasing Division finds Fontain Truck to be the lowest bidder for the
specified F450 Ford dump truck and that, although Fontain will receive the award, the truck
portion of the truck end body will be provided by Wade Ford of Smyrna.
Council Member Wood made a motion to award the bid for a Ford F450 dump truck for PFD
to Fontain Truck in the amount of $32,468.80 and the motion was -seconded by Council
Member Cramer. Motion was approved 6 - 0.
CONSENT AGENDA:
(A) Approval of March 4, 2002, Minutes
(B) Approval of Use of Council Chambers by Vinings Forest Condominiums HOA for a
Meeting on March 20, 2002
Council Member Scoggins made a motion to approve the consent agenda, and the motion was
seconded by Council Member Lnenicka. Motion was approved 7 - 0.
COMMITTEE REPORTS:
Council Member Newcomb recognized Mr. Chris Miller, who reminded those present of the
next Growth Strategies Commission meeting on March 28 at 12:00 p.m. Mr. Miller provided
current statistics on construction costs and permits.
Council Member Scoggins recognized Ms. Ann Kirk, who provided details of upcoming events
including the Great American Clean Up and the Adopt a Mile programs.
Council Member Scoggins recognized Mr. Scott Stokes, who provided details about various
repairs and improvements in progress. Mr. Stokes also discussed efforts by Cobb County
Health Department to control the spread of'West Nile virus. Council Member Scoggins related
details of favorable citizen feedback he has received about Mr. Stokes, and commended him for
his efforts.
March 18, 2002
.19
Council Member Cramer commented on construction and HOA activities in the City and the
contributions of citizens like Ms. Mary Betty Johnson. Council Member Cramer concluded by
encouraging everyone to support the Veterans Memorial.
Council Member Lnenicka recognized Chief Stan Hook, who provided details regarding the
canine program and current statistics.
Council Member Lnenicka recognized Chief Larry Williams, who discussed a recent water
billing insert with a message reminding citizens that SBCCI and NFPC regulations require that
buildings be marked with a street number. Chief Williams stated that having street numbers on
structures facilitates deliveries as well as identifying locations to responding fire/EMS units.
Council Member Lnenicka reminded those present of the Vinings Forest Condominiums HOA
meeting on March 20. Council Member Lnenicka expressed his condolences to the family of
missing Petty Officer Jason Lawson, and reminded everyone that freedom has its cost.
Council Member Wood recognized Ms. Jennifer Bennett, who discussed upcoming events
including the Jonquil Festival on April 27 and 28 and the Jonquil City Jog. Ms. Bennett
advised that on-line registration is available for the jogging event.
Council Member Wood recognized Mr. Michael Seigler, who reported that circulation statistics
for Smyrna Library continue to trend upward, and that on-line catalog service is available.
Mr. Seigler advised that author and former Smyrna resident Miriam Meyers will be at the
Smyrna Library on March 21 for a special program, and that the Atlanta Bead Society's exhibit
is still on display.
Council Member Wood recognized Parks and Recreation employee Mr. Tommy Jackson who
discussed upcoming events, including Easter programs and the opening session of Little League
baseball.
Mayor Bacon expressed condolences to the family of former Smyrna Council Member and
Mayor Pro -Tern Elbert Coalson, who recently passed away.
Council Member Lnenicka made a motion to adjourn into executive session in the Second Floor
Conference Room at 8:35 p.m. to discuss personnel matters, and the motion was seconded by
Council Member Wood. Motion was approved 6 — 0.
With no further business, the meeting was adjourned at 8:29 p.m.
March 18, 2002
A. MAX BACON, MAYOR LEE MILLER, DEPUTY CITY CLERK
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CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WARD 2
AMES M. HAWK NS. WARD 4
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AFFIDAVIT
Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a Council Meeting held on the 18th day of March, 2002.
(2) That it is my understanding that O.C.G.A. §50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 18th of March, 2002, which was closed for the purpose(s) of
discussion of personnel matters as allowed by O.C.G.A., Title 50, chapter 14, was
devoted to matters within those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. §50-14-4(b) that such an affidavit be executed.
This 18th day of March, 2002.
s
Mayor/Presiding Officer
Sworn to and subscribed before me
This 18th day of March, 2002.
Notary Public
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