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08162004 August 16, 2004 Council Meeting August 16, 2004 - 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 were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Youth Services Librarian Lisa Tarr, Parks and Recreation Director Steve Ciaccio, Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Chris Miller, Executive Assistant Susan Drinnon and representatives of the press. Invocation was given by Pastor Shell Osborn from Smyrna Assembly of God, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item #5A (Public Hearing - Variance Request V04-024- Additional Wall Sign - 300 Village Green Circle - Coldwell Banker) will be tabled until the September 7, 2004 meeting. MA YOR'S REPORT: ... Mayor Bacon recognized Mr. Curt Johnston, General Joe Redden and Mr. Dale Gaddis from the Cobb County School System. General Redden recognized Principal Judy Hansard from Argyle Elementary School and Principal Beverly Parks and Ms. Martha Marletti from Brown Elementary School. General Redden stated that Argyle Elementary School has been recognized for having the best gains in academic achievement in the State of Georgia. Principal Hansard commended the teachers and students at Argyle Elementary School for their hard work, and stated she is looking forward to working with all of them. General Redden stated that Mrs. Martha Marletti has been recognized as Cobb County School District's Teacher o/the Year, and commended Ms. Marletti for her achievements in the field of education. Mrs. Marletti stated that she believes this acknowledgement is an endorsement for the Pre-K Program, and thanked those present for the appreciation and recognition that has been shown to her. Ms. Marletti stated that the sense of community that exists in the City of Smyrna has been valuable to the education of local students, and that many people in the community are interested and involved in the local schools. General Redden expressed appreciation to the City's elected officials for their leadership and support of the Cobb County School System. Ms. Parks stated she is very proud of Ms. Marletti's accomplishments, and thanked the Mayor and Council Members for inviting the County school officials and staff to this meeting. Mr. Gaddis thanked the City of Smyrna for supporting the local schools. Mr. Johnston stated that all six of the elementary schools in the district he represents have met Federal standards for yearly progress, and that the high school also met these standards. Mr. Johnston reported that progress is also being made in the local middle schools. Mr. Johnston recognized Principal Peggy Pepper and students from Nickajack Elementary School. Ms. Pepper thanked Mayor Bacon for coming to Nickajack Elementary School to read to the students there. Ms. Pepper recognized Mrs. Mona Parsons and her husband, and stated that Mrs. Parsons is a music specialist at the school and that she and her husband composed the school song the students will perform at this meeting. The students did a presentation of this month's character education words for those present. ... August 16,2004 2 CITIZENS INPUT: Mayor Bacon recognized Mr. Floyd Millis, residing at 1 878 Wynridge Drive, and Mr. Millis expressed views concerning the City's property tax millage rate. - Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry expressed concerns about the welfare of former City employee Curtis Cook, who recently underwent surgery. Mr. Backry urged those present to contact Mr. Cook and show their support for him. Mayor Bacon recognized Pastor Reggie Wilborn from Union Baptist Church, and Pastor Wilborn expressed concern about the welfare of some homeless people he has observed sleeping outside his church. Pastor Wilborn provided to those present details concerning the efforts that he and his parishioners will be making to provide some assistance to people in need. Pastor Wilborn asked the City's elected officials for their prayers and support. Mayor Bacon recognized Ms. Rebecca Radback (phonetic), and Ms. Radback provided details to those present regarding academic progress which has been made by the students at Campbell Middle School. Ms. Radback stated funds are being sought to help provide students with school uniforms, and that numerous individuals and organizations have already donated some money for this purpose. Mayor Bacon recognized Mr. Martin Hogan, a student residing at 2011 Ivy Ridge Road, who expressed views regarding language education to those present. Mayor Bacon recognized Mr. Dan Bartlett, president ofthe Smyrna Little League, who expressed concern about the discontinuation of payments by the City to the American Legion for use of a ball field owned by the Legion. - LAND ISSUES/ZONINGSI ANNEXATIONS: (A) Public Hearing - Variance Request V04-024 - Additional Wall Sign - 300 Village Green Circle - Coldwell Banker Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to table Variance Request V04-024 for an additional wall sign at 300 Village Green Circle for Coldwell Banker until the September 7, 2004 meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 -0. PRIVILEGE LICENSES: (A) Privilege License Request - Retail Pouring (Beer & Wine) - MMF Smyrna, LLC DBA Mama Fu's Asian House - 400 Village Green Circle - Lawrence L. Abblitt, Applicant Mr. Wright stated that inquiry conducted by the City police department has disclosed no information which would preclude issuance ofthe requested license. Mr. Wright stated that staff has reviewed the submitted application materials and found them to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - August 16. 2004 3 - Council Member Scoggins recognized Mr. Abblitt, and asked Mr. Abblitt if the business license department staff has furnished him with information concerning the City's alcoholic beverage sales regulations. Mr. Abblitt stated that he received a substantial amount of information regarding alcoholic beverage sales regulations from the City staff. Council Member Scoggins asked Mr. Abblitt what steps he proposes to take to make certain the staff at Mama Fu's Asian House (MAH) are properly trained to sell alcoholic beverages in a lawful manner. Mr. Abblitt stated he has an extensive background in the restaurant business. Mr. Abblitt stated he will make certain all MAH servers are familiar with the alcoholic beverage sales regulations. Mr. Abblitt provided details to those present regarding the way orders are processed and customers are attended to at MAH restaurants. Mr. Abblitt stated MAH restaurants have a family-oriented atmosphere, and are not open late at night. Mayor Bacon advised Mr. Abblitt that it is extremely important for all persons involved in the sale of alcoholic beverages to require purchasers to present proper identification at the point of sale. Mayor Bacon stated that local authorities conduct undercover inquiries to monitor the compliance of business operators with alcoholic beverage sales regulations. Council Member Newcomb asked Mr. Abblitt if it is correct that he is applying for a license to serve beer and wine only, and Mr. Abblitt answered in the affirmative. Council Member Newcomb advised Mr. Abblitt to be certain he has the most recent version of the alcoholic beverage ordinance. MOTION: Council Member Scoggins made a motion to approve a privilege license request for retail pouring of beer and wine for MMF Smyrna, LLC DBA Mama Fu's Asian House at 400 Village Green Circle for Lawrence L. Abblitt, agent. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. FORMAL BUSINESS: - (A) Approval ofthe 2004 Tax Millage Rate for the City of Smyrna Mr. Wright stated the proposed millage rate of9.65 is .05 mills lower than the previous rate. Mr. Wright stated this is the fourteenth year that the millage rate either remained unchanged or was lowered. MOTION: Council Member Wood made a motion to approve a tax millage rate for the City of Smyrna of9.65 mills. The motion was seconded by Council Member Smith. Council Member Newcomb stated that the millage rate reduction is a positive development. Council Member Newcomb stated the citizens voted in favor of the homestead exemption by an overwhelming margin. Council Member Newcomb stated the homestead exemption includes a provision which raises the exemption in equal proportion to any increases in the valuation of the residence. Council Member Newcomb stated that, in accordance with the Taxpayer Bill of Rights, when a local government realizes more revenue from increased property value assessments, it must declare that taxes have increased unless it rolls back the millage rate to offset the increase in valuation. Council Member Newcomb stated that increase in property tax revenues in the City are the result of new growth and annexation. Council Member McNabb stated that one particular city had to increase property taxes year after year while reducing the level of services provided. Council Member McNabb stated that the City of Smyrna will continue to look for ways to lower taxes. Motion was approved 7 - O. - August 16, 2004 4 (B) Appointment of Tree Board Mr. Wright stated that last year the City tree ordinance was amended to include a provision for creation of a tree board to advise the mayor and council on matters pertaining to the preservation of trees and conservation of tree canopy cover within the City. - Council Member Newcomb stated the members of this board will give recommendations to the mayor and council regarding preservation and protection of trees in the City. Mayor Bacon stated he would like to appoint Mr. Carl Valenzano to the Tree Board. Mayor Bacon provided details ofMr. Valenzano's qualifications and background to those present. Council Member Pritchett stated she will make an appointment at the next meeting. Council Member Newcomb stated he would like to appoint Ms. Elsie Rape, residing on Beech Valley Drive, to the Tree Board. Council Member Newcomb provided details of Ms. Rape's qualifications and background to those present. Council Member Scoggins stated he will make an appointment at the next meeting. Council Member McNabb stated he would like to nominate Ms. Mary Williams, residing on Lee Street, to the Tree Board. Council Member McNabb provided details of Ms. Williams' qualifications and background to those present. Council Member Smith stated he wishes to appoint Mr. John S. Gibson, residing on Parkway Drive, to the Tree Board. Council Member Smith provided details of Mr. Gibson's qualifications and background to those present. - Council Member Lnenicka stated he would like to appoint Mr. Michael Streger, residing on Vinings North Trail, to the Tree Board. Council Member Lnenicka provided details ofMr. Streger's qualifications and background to those present. Council Member Wood stated he will make an appointment at the next meeting. MOTION: Council Member Newcomb made a motion to appoint the persons identified as nominees to the Tree Board. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (Clerk's Note: Appointments are for four years) COMMERCIAL BUILDING PERMITS: (A) 9,100 s.f. Building - 3020 Highlands Parkway - Michael Landers Mr. Wright stated the buildings planned for construction by Mr. Landers on Highlands Parkway are part of a development to be called Integrity Heights proposed by Integrity Development Group, Inc. Council Member Wood stated the subject property was rezoned last year. MOTION: Council Member Wood made a motion to approve a commercial building permit for a - August 16. 2004 5 9, I 00 s.f. building at 3020 Highlands Parkway for Michael Landers at a proposed construction cost of $800,000. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - (B) 9, I 00 s.f. Building - 3040 Highlands Parkway - Michael Landers MOTION: Council Member Wood made a motion to approve a commercial building permit for a 9, I 00 s.f. building at 3040 Highlands Parkway for Michael Landers at a proposed construction cost of $800,000. The motion was seconded by Council Member Smith. Motion was approved 7 -0. (C) 10,260 s.f. Building - 3060 Highlands Parkway - Michael Landers MOTION: Council Member Wood made a motion to approve a commercial building permit for a 10,260 s.f. building at 3060 Highlands Parkway for Michael Landers. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (D) 10,260 s.f. Building - 3080 Highlands Parkway - Michael Landers MOTION: Council Member Wood made a motion to approve a commercial building permit for a 10,260 s.f. building at 3080 Highlands Parkway for Michael Landers at a proposed construction cost of $850,000. The motion was seconded by Council Member Smith. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of August 2, 2004 Minutes - (B) Approval of July 26,2004 Minutes (special called meeting) (C) Approval of Abandonment of Portions of Com Road and Pinecrest Circle Legacy Communities has requested that Pinecrest Circle and a portion of Com Road be abandoned by the City in order to enable them to develop their property in accordance with their approved plan. The concept for these road abandonments was approved with the conditional rezoning of the property on December I, 2003. The City Engineer has reviewed information pertinent to the request and recommends approval. The subject property has been posted with notice of the proposed abandonment. (D) Approval of Use of Council Chambers by the Vinings Point HOA for a Meeting on August 18,2004 at 7:00 p.m. (E) Approval of Amendments to the FY2004 Budget These adjustments reflect the correction of variances in some departments due to unforeseen expenditures including, but not limited to, higher gas and utility costs, and larger than expected increases in the cost of health insurance. Approval of this proposed adjustment is recommended. (F) Approval of Award of Bid #5-001 The Public Works Department solicited bids from three vendors for replacement of one dump truck. Two responses were received; Kelly Commercial Truck, Inc. submitted a bid in the amount of $50,550.00, and Fouts Brothers Truck Center submitted a bid in the - August 16,2004 6 amount of $51 ,663.00 The low bidder did not meet specifications, and award of the bid to Fouts Brothers Truck Center for the purchase of a UD dump truck is recommended. (G) Approval of Adoption of Revised Solid Waste Management Short Term Work Program The City's solid waste management Short Term Work Program has been revised as requested by the Department of Community Affairs. Approval ofthe adoption resolution is recommended. - (H) Bid Award - 2005 UD 1400 E Truck with Landscape Bed Three bids were sent out. Two vendors did not respond, one bid was received from Fouts Brothers. There were two minor exceptions to the Fouts Brothers bid that the Parks Department will accept. Award ofthis bid to Fouts Brothers UD-GMC Truck, Inc. in the amount of$36,853 is recommended. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Council Member Wood stated the adjustments to the fiscal year 2004 budget are internal adjustments only, and are not a change to the budget. Council Member Wood stated that records pertaining to the adjustments are available for public inspection. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details of recent Public Works Department projects to those present. Council Member Pritchett stated she received favorable comments from the president ofthe homeowners association at Vinings Pointe regarding work done by the Public Works Department on the right-of-way on Campbell Road. Council Member Pritchett commended Mr. Stokes and the Public Works Department staff for their prompt response to a request for assistance from a citizen in Argyle Estates. Council Member Lnenicka stated he has received favorable comments from some ofthe residents of Creatwood Forest regarding the service provided by the Smyrna Public Works Department. At Council Member Newcomb's request, Mr. Stokes provided details of sewer rehabilitation methods to those present. - Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details of upcoming Keep Smyrna Beautiful (KSB) activities to those present. Ms. Kirk reminded everyone that it is a violation of a City ordinance to place yard debris in the streets and to put anything other than water into a storm drain. Council Member Pritchett complimented Ms. Kirk on the recent reception for the KSB anniversary held at the Community Center. Ms. Kirk stated everyone is proud of what KSB has accomplished over the last twenty years. Council Member Pritchett stated she is proud ofthe accomplishments of the schools in Cobb County, and that the City's leadership is very interested in the local schools and the progress they make. Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided current building permit statistics to those present. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details of current City court and probation operations to those present. Ms. Hiott stated that new voter registration cards were sent out during July, and that some polling stations will be moved to new locations. - August 16, 2004 7 Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details of recent and upcoming events in the City. Ms. Bennett thanked Waste Management, RCB Centura Bank and McEntyre's Bakery for their sponsorship of the recent City Birthday Celebration. - Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details of upcoming events and activities in the City. Mr. Ciaccio reported that the Georgia Green Industry Journal reported favorably on the City arboretum last month. Mr. Ciaccio stated that the Atlanta Journal and Constitution recently published an article concerning greenspace. Mr. Ciaccio reminded those persons with park permits to use good judgment when playing amplified music. Council Member McNabb recognized Ms. Tarr, and Ms. Tarr provided details of library use statistics and activities and events to those present. Ms. Tarr stated she enjoys working at the City Library, and commented favorably about the library staff. Council Member McNabb commented favorably about the children's program at the City Library. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is recruiting. Council Member Smith recognized Mr. Hildebrandt, and at Council Member Smith's request, Mr. Hildebrandt provided details to those present regarding the crossing signals which were recently installed on South Cobb Drive. At Council Member Lnenicka's request, Mr. Hildebrandt provided details to those present concerning a warning light which was installed in the vicinity of Lee Street. Council Member Lnenicka commended Mr. Hildebrandt for recognizing the need for this system and making certain it was installed. - Council Member Lnenicka stated the citizens comment segment of council meetings provides citizens with an opportunity to brief the council members on situations that need attention and to voice ideas. Council Member Lnenicka expressed apologies to the citizens of Smyrna for the failed candidates who he believes are abusing this time for personal agendas. Council Member Lnenicka stated that if the individual who expressed concern about the welfare of Lt. Cook had asked him about this, he would have told this individual that he recently went to Piedmont Hospital to check on Lt. Cook's welfare. Council Member Lnenicka stated that this individual's statement to the effect that no one has been to check on Lt. Cook and that no one is concerned about him is simply wrong. Council Member Lnenicka stated that he does not want to see facts distorted, nor does he want anyone to believe that everything people say is true. Council Member Lnenicka stated that his opponent during the last City election was also at this meeting, and that this individual made condescending and disparaging comments about his actions regarding the budget and property tax millage rate. Council Member Lnenicka stated he believes this individual's comments are wrong. Council Member Lnenicka stated that during the last fifteen years, the City millage rate has been reduced fourteen times, and that this is a record to be proud of. Council Member Lnenicka stated that the individual who leveled the criticism about the budget at this meeting has made no effort to contact him regarding his concerns, and did not attend the hearing during which the budget was adopted. - Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present regarding a fire incident at a residence during which Mr. Greg Harmon alerted residents to the danger and helped extinguish the fire with a garden hose. Chief Lanyon stated that Mr. Harmon's quick thinking and response helped minimize the damage caused by the fire. Chief Lanyon stated that Mr. Harmon could not be present at this meeting, and read to those present the inscription on a plaque to be presented to Mr. Harmon in recognition of his bravery and willingness to help others. August 16, 2004 8 Council Member McNabb asked Chief Lanyon to provide details to those present regarding the City fire department's policy for responding with emergency vehicles on King Springs Road. Chief Lanyon stated that at least one citizen has expressed concern about ambulances and fire trucks responding with lights and sirens on King Springs Road. Chief Lanyon stated that any road which is the fastest route to a hospital is the road which will be used by responding emergency vehicles. Chief Lanyon stated that the City does not operate large emergency vehicles on King Springs Road during non-emergency travel because that road is narrow. Chief Lanyon stated that, during emergencies, the City fire department will operate a ladder truck on King Springs Road if necessary. - Council Member Wood commented favorably aboutthe character of Mr. Greg Harmon, and stated that his actions during the recent fire incident were timely and that there can be little doubt that his response helped minimize the damage caused by this fire. Council Member Lnenicka recognized Chief Hook, and Chief Hook provided to those present recent statistics pertaining to City police department operations. Chief Hook commended Ofc. Dobson and Lt. Black for the judicious manner in which they resolved a tense and potentially dangerous domestic dispute involving an armed subject which occurred in the City recently. Council Member Lnenicka expressed apologies to Chief Hook for the remarks made by an individual at this meeting regarding visiting police department personnel who are in the hospital. Chief Hook stated he visits all City police officers when they are in the hospital, and attends funerals and other events when evidence of support is important. Council Member Wood recognized Ms. Edgar, and Ms. Edgar reminded those present that there are State outdoor water use restrictions presently in effect which must be complied with. Ms. Edgar provided details of the restrictions to those present. Ms. Edgar stated the City finance department recently received the GFOA Certification of Excellence for financial reporting during fiscal year 2003. Ms. Edgar stated she is particularly proud of this recognition because the City was in compliance with GASB 34 guidelines. Ms. Edgar stated the auditors will be coming to the City offices later this month to begin their work. - CITIZENS INPUT: There was none. SHOW CAUSE HEARING: (A) Alcoholic Beverage Violation - E Z Trip - 3100 Highlands Parkway, #2 - Karen June Busch, Agent Mr. Wright stated that E Z Trip at 3100 Highlands Parkway was the subject of a compliance check conducted by local authorities on June 7,2004. Mr. Wright stated the cashier on duty sold an alcoholic beverage to a 16 year old undercover informant from the City police department. Mr. Wright stated the purchase was observed by a police officer. Mr. Wright stated the cashier was also found to be lacking a photo permit for selling alcoholic beverages. Mr. Wright stated a show cause hearing will be held tonight to determine appropriate action regarding this licensee. Mayor Bacon recognized Mr. Ben Chambers, president of the Georgia Commercial Tenants Association, Ms. Karen June Busch, the license agent for E Z Trip (EZ), Mr. Manjit Singh, the owner of EZ, and Mr. Arjun Singh. The oath was administered by Mr. Cochran to several persons scheduled to give testimony in this matter. - August 16, 2004 9 - Ofc. Maloney stated that on June 7 of the present year at approximately 7:00 p.m. a compliance check was made at E Z Trip at 3100 Highlands Parkway. Ofc. Maloney stated that a 16 year old undercover informant for the City police department, accompanied by Ofc. Plumb, entered the subject location. Ofc. Maloney stated the informant was able to purchase an alcoholic beverage at EZ Trip and that no identification was required at the point of sale. Ofc. Maloney stated it was determined that the cashier who made the sale to an underage person is the son of the business owner, and that the cashier did not have a photo permit for selling alcoholic beverages. - Mr. Chambers stated Mr. Singh's son, who is not an employee ofEZ, was at EZ for a brief time to help out in the store and unfortunately sold an alcoholic beverage to a minor. Mr. Chambers stated EZ has recently installed an improved cash register which processes date of birth information entered by a cashier to help make certain that regulated items are not sold to underage persons. Mr. Chambers stated the agent for EZ has made efforts to make certain that cashiers check identifications of persons attempting to purchase alcoholic beverages. Ms. Busch acknowledged her responsibility as the licensed agent. Council Member Wood asked Ms. Busch what steps are taken to make certain EZ personnel are trained to sell alcoholic beverages in a lawful manner. Ms. Busch stated she reviews the City alcoholic beverage ordinance with all EZ employees, and trains all EZ personnel to require all purchasers of alcoholic beverages to present proper identification at the point of sale. Mr. Manjit Singh stated he has made efforts to run an honest business and to try to obey the applicable laws. Mr. Singh stated his son was in the store for a brief period at the time of the incident, and that the sale to an underage person was a mistake. Mr. Arjun Singh stated he made a mistake, and apologized to the Mayor and Council Members for his error. Mr. Manjit Singh provided details to those present regarding new point of sale software being utilized at EZ to help prevent sales of alcoholic beverages to underage persons. Mayor Bacon asked Ofc. Maloney if EZ was the subject of any specific complaints of sale of alcoholic beverages to underage persons, and Ofc. Maloney said no. Ofc. Maloney stated that the compliance check made at EZ was routine in nature. Council Member McNabb commended Mr. Arjun Singh for attending this meeting to acknowledge his responsibility. Council Member Lnenicka urged Mr. Singh to maintain adequate lighting and other precautions at his business to help ensure the safety of his employees. Council Member Newcomb asked Ofc. Maloney if any previous compliance checks have been conducted at EZ, and Ofc. Maloney said no. MOTION: Council Member Scoggins made a motion to adjourn into executive session. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (Clerk's Note: executive session commenced at 9:35 p.m.) MOTION: Council Member Scoggins made a motion to adjourn from executive session and reconvene the public meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: executive session ended at 9:39 p.m.) Council Member Wood asked Mr. Singh and Ms. Busch if a disposition consisting of a requirement for completion of the Evindi responsible alcoholic beverage sales and service class by November 3, 2004 by the agent and owner and a two year probation will be acceptable, and Mr. Singh answered in the affirmative. - MOTION: Council Member Wood made a motion to approve a disposition of the complaint against E Z Trip at 3100 Highlands Parkway, #2, Karen June Busch, agent to consist of a requirement for completion of the Evindi responsible alcoholic beverage sales and service class by November 3, 2004 by the agent, Ms. Busch, and the owner, Mr. Singh, and a two year probation. The motion was seconded by Council Member Smith. Motion was approved 7 - O. August 16,2004 ADJOURNMENT: With no further business, the meeting was adjourned at 9:45 p.m. ~ A. MAX BACON, MAYOR ~-Iih ~ CHARLES PETE WOOD, WARD 7 . ~Af J.~ RON NEWCOMB, WARD 2 Y((~ fYl~Y/JJ MICHAEL McNABB, WARD ~ 10 - - - - WHEREAS: WHEREAS: WHEREAS: WHEREAS: - RESOLUTION No. R2004-4 The State of Georgia's Minimum Planning Standards and Procedures for Solid Waste Management require that the Short Term Work Program (Implementation and Financing Element) component of local solid waste management plan be updated ever five years; and The City of Smyrna, Georgia, has reviewed and prepared an updated Short Term Work Program in compliance with the Minimum Planning Standards and Procedures: and Two public hearing were conducted by the City of Smyrna on AprilS, 2004 and May 17,2004, and a Transmittal Resolution to the Department of Community Affairs was approved by Mayor and Council on May 17, 2004; and The Department of Community Affairs has determined that Smyrna's Solid Waste Management Short Term Work Program meets the Minimum Standards and Procedures for Solid Waste Management; now, THEREFORE: Be it resolved that the City of Smyrna approves the Solid Waste Management Short Term Work Program as submitted and approved by the Department of Community Affairs. Adopted this 16th day of August, 2004. A. Max Bacon, Mayor ~>D S4~ A es: Susan D. HIOtt, CIty Clerk - AFFIDA VIT - 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: (I) I was the presiding officer of a meeting of the Mayor and Council held on the 16th day of August, 2004. (2) That it is my understanding that a.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 16th of August, 2004, which was closed for the purpose( s) of discussion of legal 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. - fl This 16th day of August, 2004. Mayor/Presiding Officer Sworn to and subscribed before me - This 16th day of August, 2004. ",,,II"",,,,, ":~,,, SAN """ ,:.... C;~..'"..... I) '" .f ,... 1';-.: ~.." ~;- '>)-0 ~ f '~.':y,~".~; "'~2-f $ , .: . ,:~LIC i' ...... c~OUN~,,~"" . 1"~"~/11111'"''\'''