01182005 January 18, 2005
January 18, 2005
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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, Library Director Michael
Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk,
Assistant Keep Smyrna Beautiful Director Virginia Davis, Human Resources Director Chris
Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller,
Community Relations Director Jennifer Bennett and representatives of the press.
Invocation was given by Dr. Stuart Greene from Smyrna First United Methodist Church,
followed by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that agenda item # 4A (Public Hearing - Special Land Use Permit Request
204-31 - Flea Market Operation - 2144 South Cobb Drive - RAM South Cobb, LLC) will be
tabled until the February 21, 2005 council meeting.
MAYOR'S REPORT:
Mayor Bacon recognized County School Board Member Curt Johnston, and Mr. Johnston
introduced Dr. Holiday and students from Campbell Middle School to those present. The
students made a presentation of this month's character education words to those present.
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Mayor Bacon recognized Ms. Kirk, and Ms. Kirk introduced Ms. Sue Smith from Keep America
Beautiful and Ms. Nancy Heflin from Anheuser-Busch! Atlanta Beverage to those present. Ms.
Smith commended the City's Keep Smyrna Beautiful (KSB) staff, volunteer board members,
elected officials and sponsors for their numerous accomplishments in the area of beautification in
the City. Ms. Smith presented the Keep America Beautiful award to KSB Board Chairperson
Sandi Sands. Ms. Heflin presented a $5,000 Anheuser-Busch environmental grant to KSB, and
expressed appreciation to all those persons whose efforts contribute to the beautification of the
communities in which we all live. Ms. Kirk introduced the KSB board members to those present,
and expressed appreciation to everyone who has contributed to the success of the KSB program.
Mayor Bacon thanked Ms. Kirk and the other KSB associates for their efforts on behalf of the
City.
Mayor Bacon recognized Ms. Susan Pearson from the Smyrna Optimist Club, and Council
Member Lnenicka read a Fire Department Appreciation Proclamation to those present. Fire
Chief Lanyon thanked the City's officials and the members of the Optimist Club, and stated that
the personnel of the City fire department are looking forward to meeting with the Optimist Club
members at an upcoming breakfast.
Mayor Bacon recognized Mr. David Kieffer from Woodland Ridge Assisted Living (WR), and
Mr. Kieffer provided details to those present regarding an upcoming ribbon-cutting ceremony for
the opening of new facilities at WR.
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January 18, 2005
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LAND ISSUES/ZONINGS/ ANNEXA nONS:
(A)
Public Hearing - Special Land Use Permit Request Z04-31 - Flea Market Operation-
2144 South Cobb Drive - RAM South Cobb, LLC
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Mayor Bacon asked if there is anyone present in relation to this matter, and there was no
response. Mayor Bacon stated this public hearing will be tabled until the February 21, 2005
council meeting.
MOTION: Council Member Smith made a motion to table Special Land Use Permit Request
Z04-31 for flea market operation at 2144 South Cobb Drive for RAM South Cobb, LLC until the
February 21,2005 council meeting. The motion was seconded by Council Member Wood.
Motion was approved 7 - O.
(B) Public Hearing - Rezoning Request Z04-027 - R-15 to RAD Conditional- 5.22 Acre
Tract -1363 through 1461 Belmont Avenue - Johnson/Willis, LLC
Council Member Pritchett stated that, because she has represented the sellers in this transaction,
she will abstain from voting in this matter.
Mr. Wright stated the applicant is requesting rezoning ofa 5.22 acre tract from R-15 to RAD
Conditional in order to construct 57 townhouse units at a density of 10.92 units per acre. Mr.
Wright stated that the Planning and Zoning Board (PZB) voted to deny this request at its last
meeting. Mr. Wright stated staff recommends approval of the rezoning for 42 units at density of
8 units per acre subject to a number of conditions.
Mayor Bacon stated this is public hearing and asked for public comment, and the oath was
administered to numerous persons by Mr. Cochran.
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Council Member Scoggins recognized Mr. Garvis Sams, an attorney representing the applicant
and property owners, and Mr. Sams provided details concerning the subject area and proposed
project to those present. Mr. Sams stated that analysis by qualified professionals has indicated
that improvements with an estimated cost of approximately $269,000 will be needed to a
pumping station in the vicinity of the subject tract. Mr. Sams stated the allocated cost of the
improvements for the proposed project is approximately $50,000, and that it is his understanding
that the City has funds available for the improvements. Mr. Sams stated the applicant is
agreeable to the stipulations formulated by staff as conditions of the requested rezoning. Mr.
Sams stated the proposed dwellings will range in size from 1,800 s.f. to 2,400 s.f. with prices
from around $290,000 to $350,000. Mr. Sams provided details of the design elements planned
for the proposed homes to those present. Mr. Sams stated a mandatory homeowners association
(HOA) will be organized for the planned community to take responsibility for the common areas
and facilities of the development. Mr. Sams stated that the applicant will agree to implement
the storm water management measures as recommended by staff, including storm water detention
measures for a 10% reduction in storm water runoff for a 100-year storm event. Mr. Sams stated
that the applicant will request that a 15' setback from the Windy Hill Road right-of-way (ROW)
be approved, and that this 15' area be allowed to serve as a buffer. Mr. Sams stated that the
applicant will agree to the voluntary donation and conveyance of ROW in order to achieve 25'
from the center lines of Belmont Avenue and Reed Street. Mr. Sams stated that staffhas
indicated that the proposed development is compatible with the objectives of the LCI (Livable
Centers Initiative) study.
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January 18.2005
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Council Member Scoggins stated that a property owner in the subject area indicated he will lose
some 22' of lake frontage on his property. Council Member Scoggins asked Mr. Sams if it is
correct that the developer has agreed to install a pipe in the area of the affected property.
Mr. Sams stated the developer has an agreement with the estate of Henry Adams, and that the
developer has agreed to have water management improvements installed in the affected area.
Council Member Scoggins asked Mr. Sams if the developer has agreed to arrange for the removal
of a barn structure in the subject area, and Mr. Sams answered in the affirmative. Mr. Sams
stated the referenced structure is located at 1435 Pierce Avenue.
Council Member McNabb asked Mr. Sams if it is correct that he has represented to the city
council that the developer would prefer that the homeowners ultimately decide what will be built
in the common areas of the development. Mr. Sams answered in the affirmative, and stated that
there are areas near the entrance points of the development where fountains would be attractive.
Mr. Sams stated the developer would like to allow the homeowners to decide what might be built
in the common areas towards the interior of the development. Council Member McNabb asked if
there will be a budget available to install infrastructure which may be selected by the initial HOA,
or if these improvements are to be paid for from HOA dues yet to be collected. Mr. Sams stated
the developer will fund reasonable improvements.
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Council Member Smith asked Mr. Sams to provide details to those present concerning the finish
of the rear elevations of the proposed structures. Mr. Sams stated that, because of the location of
the structures, the developer would like to have an opportunity to use some hardiplank on the rear
ofthe structures. Mr. Sams expressed the view that the rear elevations of the proposed structures
will not be highly visible from Windy Hill Road. Mr. Sams stated the developer will agree to
vary the appearance ofthe rear elevations to enhance their visual appeal. Council Member Smith
asked if sections of earth berm could be installed in the buffer along Windy Hill Road to provide
some variety to the appearance of the landscape there. Mr. Sams stated such an enhancement
could be considered if topographically feasible.
Mayor Bacon recognized Ms. K. C. Clavin, residing on Roswell Street, and Ms. Clavin provided
information to those present which she believes supports her view that the project presently under
consideration is not in keeping with the goals of the LCI study. Ms. Clavin asked the City's
officials to deny this rezoning request. Ms. Clavin stated that approval of this rezoning request
would establish a bad precedent for future rezonings in the subject area.
Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward
stated the LCI study identifies aspirations but is not binding. Mr. Ward stated that zoning
guidelines are the controlling factor in zoning matters, and cited various court decisions. Mr.
Ward stated he also believes that the proposal under consideration is not consistent with the LCI
plan. Mr. Ward stated that RAD Conditional zoning should not be used to intensify density.
Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis stated
he is opposed to the rezoning request presently under consideration. Mr. Davis presented
information to those present which he believes supports his view that the proposed rezoning is not
suitable for the subject area. Mr. Davis stated he believes another developer will eventually
submit a plan for the subject area which will be better for the community, and asked the city
council to deny this rezoning request. Mr. Davis presented additional information to those
present which he attributed to persons not in attendance which supports the view of those persons
that the proposed rezoning is not suitable for the subject area.
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Mayor Bacon recognized Ms. Amy Shay, residing on Mimosa Circle, and Ms. Shay stated the
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buffer along Windy Hill Road should not be disturbed. Ms. Shay stated there has been no
reduction in the level of density for the proposed development. Ms. Shay stated she does not
understand why this proposal is being considered.
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Mayor Bacon recognized Ms. Gina McLean, residing at 1363 Belmont Avenue, and Ms.
McLean presented information to those present which she believes supports her view that the
proposed project is suitable for the subject area.
Mayor Bacon recognized Mr. Robbie Robinson, and Mr. Robinson commented favorably on the
progress which has been made in the City. Mr. Robinson expressed support for the proposal
under consideration, and asked the city council to approve it.
Mayor Bacon recognized Mr. Herman Walker, residing at 1373 Belmont Avenue, and Mr.
Walker stated he believes the proposed development would be an asset to the City.
Mayor Bacon recognized Mr. Mike Hornigold, residing at 1420 Hawthorne Avenue, and Mr.
Hornigold stated he would prefer to see single family homes in the subject area. Mr. Hornigold
stated he believes another developer will eventually submit a plan for the subject area which will
be better for the community.
Mayor Bacon recognized Ms. Glenda Robinson, residing at 1405 Belmont Avenue, and Ms.
Robinson expressed support for the proposed project. Ms. Robinson stated she believes the
development would be an asset to the City, and asked the city council to approve this rezoning
request.
Mayor Bacon recognized Ms. Judy Kessler, residing at 2654 Highland Avenue, and Ms. Kessler
expressed opposition to the proposed townhouse development.
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Mayor Bacon recognized Mr. Bill Strickland, residing at Lexington Trace Drive, and Mr.
Strickland spoke in favor oftownhouses. Mr. Strickland stated that more townhouses are needed
in Smyrna, and asked the city council to vote in favor of this proposal.
Mayor Bacon recognized Mr. Darrel Walker, residing at 1421 Belmont Avenue, and Mr. Walker
expressed support for the proposed development.
Mayor Bacon recognized Mr. Jerry Walker, residing on Belmont Avenue, and Mr. Walker
expressed support for the proposed project.
Mayor Bacon recognized Ms. Sandra Hamby, residing at 1312 Roswell Street, and Ms. Hamby
expressed opposition to the proposed project.
At Council Member Scoggins' request, Mr. Miller provided details to those present regarding the
staff analysis which was conducted to gauge the compatibility of the proposed project with
adjacent developments. Council Member Scoggins provided details to those present regarding
the LCI study process which was conducted in the City, and expressed the view that the benefits
of this planning will soon be realized.
Council Member Scoggins asked Mr. Sams if the applicant agrees to accept the stipulations as
formulated by the City staff, and Mr. Sams answered in the affirmative. At Council Member
Scoggins' request, Mr. Miller read the stipulations recommended by staff into the record as
follows:
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January 18. 2005
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Standard Conditions
(Requirements # 8,16 and 17 from Section 1201 ofthe Zoning Code are not applicable)
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1.
The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut
external roadways shall not be permitted to utilize hardy plank for any elevation facing
these roads.
2. The developer shall provide an disturbed buffer with a minimum width of 20 feet parallel
to Windy Hill Road
3. There shall be protective covenants with a mandatory homeowners association on all lots.
These protective covenants shall be supplied to the City prior to the issuance of a
building permit.
4. The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision such
as: gazebos, fountains, recreational/playground equipment or walking trails. The
common space shall be controlled and maintained by the Homeowners Association.
5. The retention pond shall be placed and screened appropriately to be unobtrusive to homes
inside and outside the development. The storm water detention plan shall be designed to
create at least a ten percent reduction in a 100-year storm event. The city engineer shall
approve all plans.
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6.
All utilities within the development shall be underground.
7. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of 2' shall be provided between the back of curb and sidewalk.
8. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
9. The development of any streets (including private) shall conform to the City's standards
for public right-of-ways.
10. No debris may be buried on any lot or common area.
11. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full-cutoff lighting".
12.
The developer will comply with the City's current tree ordinance. All required tree
protection measures shall be adhered to by the developer during construction.
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13.
All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances. There shall be a landscaped
front entrance, with monument, indicating the name of the development.
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14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
15. The development shall maintain the following setbacks:
Front (external) - 1 0'
Front (internal) - 10' from sidewalk
Rear (alley) - 20' from edge of alley
Rear (Windy Hill Road) - 40'
Side (exterior/interior) - 10'
Rear to Rear - 60'
Side Building Separations -Average building height
Side to Rear - 50'
16. The developer shall dedicate additional right-of-way along Belmont Avenue and Reed
Street to achieve a minimum right-of-way width of 25' as measured from the centerline
to the subject parcel.
17.
The developer shall supply the City with a copy of the agreement between
Johnson/Willis, LLC and Mr. Adams to ensure existing lake levels adjacent to the subject
property will be reduced by 2'. The City Engineer shall verify the drainage plan for the
subject development plan incorporates the lowered lake levels.
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18. A 25' landscape buffer shall be provided along the western property line.
19. The developer shall have the option to count existing specimen trees toward the
minimum tree density requirements under the following conditions:
. No land disturbance occurs within the Critical Root Zone (CRZ), or;
. Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit
is provided to City. This bond or letter of credit shall be equal to the replacement
cost associated with the specimen tree (with 4" caliper trees) and an inspection by a
certified arborist after the final certificate of occupancy is issued and when the
bond/letter of credit is requested to be released.
Mr. Sams stated the applicant would like to build 57 units on the subject tract instead of the 42
recommended by staff. Mr. Sams stated staff is recommending a buffer along Windy Hill Road
of 20,' but the applicant is requesting that the area of this buffer be limited to 15.' Mr. Sams
stated staff has recommended a 40' setback along Windy Hill Road, but the applicant is
requesting this area be limited to 15' and that this setback area also be allowed to constitute and
function as the requisite buffer. Mr. Sams stated the applicant will agree to other stipulations as
promulgated by staff, and will comply with the request for fountains and the suggested funding of
infrastructure in the common areas. Council Member Scoggins asked Mr. Sams and the applicant
to consider a density reduction to 9.5 units per acre with a maximum of 50 units. Mr. Sams stated
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January 18. 2005
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the applicant would consider a density of ten units per acre with a reduction in the number of
townhouses by at least four units. Mr. Sams stated this alternative would also result in a 35'
setback on Windy Hill Road and space to accommodate the recommended buffer of20.'
MOTION: Council Member Scoggins made a motion to approve Rezoning Request 204-027
from R-15 to RAD Conditional for a 5.22 Acre Tract at 1363 through 1461 Belmont Avenue for
Johnson/Willis, LLC at a density of 9.5 units per acre with a maximum of 50 units. The motion
was seconded by Council Member Wood. Council Member Newcomb expressed the view that
this proposal does not seem to be in keeping with the spirit and intent of the LCI study. Council
Member Newcomb stated that single-family homes are compatible with the subject property.
Council Member Newcomb stated that, although the LCI study recommends a preponderance of
single-family homes in the subject area, he is not certain that a project of the type presently under
consideration could be approved for the present applicant and denied for other potential
applicants in the future. Council Member Newcomb stated he will not support this motion.
Motion was denied 4 - 2, with Council Members Lnenicka, McNabb, Newcomb and Smith in
opposition, and Council Member Pritchett abstaining.
(C) Public Hearing - Variance Request V05-00 I - Reduction in Rear Yard Setback - 465
Willowbrook Drive - David Clark
Mayor Bacon recognized Ms. Wendy Bunch, a realtor representing the applicant, and Mrs.
Mitchell, a prospective purchaser of the subject property.
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Mr. Wright stated the applicant has requested a variance to reduce the rear yard setback from 35'
to 15' at 465 Willowbrook Drive. Mr. Wright stated the applicant wishes to build a new three-
car garage along the rear of the residence, and that the pad is located approximately 16' from the
rear property line. Mr. Wright stated staff recommends approval of the requested variance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka asked Council Member Wood if the owners and occupants of adjacent
properties have been apprised of this variance request and have expressed no objections, and
Council Member Wood answered in the affirmative. Council Member Wood stated that, because
of the general layout of the subject property and surrounding properties, approval of this variance
should have no impact on any of the residents.
MOTION: Council Member Wood made a motion to approve Variance Request V05-001 for a
reduction in rear yard setback at 465 Willowbrook Drive for David Clark. The motion was
seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council
Member Pritchett was not present at the time of this vote.
(D) Public Hearing - Variance Request V05-002 - Reduction in Side Yard Setback - 5052
Laurel Glen Court - Deana Addison
Mayor Bacon recognized Ms. Addison.
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Mr. Wright stated the applicant is requesting a variance to reduce the side yard setback at 5052
Laurel Glen Court from 8' to 5' to permit construction of a storage shed closer to the southern
property line. Mr. Wright stated the proposed location of the storage shed would preserve an
existing tree and should not adversely affect adjoining properties. Mr. Wright stated staff
recommends approval of the proposed variance.
January 18, 2005 8
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Ms. Addison, and Ms. Addison stated the owners and
occupants of adjacent properties have been apprised ofthis variance request and have expressed _
no objections.
MOTION: Council Member Wood made a motion to approve Variance Request V05-002 for a
reduction in side yard setback at 5052 Laurel Glen Court for Deana Addison. The motion was
seconded by Council Member Smith. Motion was approved 7 - O.
(E) Public Hearing - Amendment to the City Code - Sec. 80-4 High grass; weeds; rubbish;
etc., on private property and Sec. 90-35 Notice of violation; penalty {Ordinance #2004-
38}
Mr. Wright stated the Smyrna Code regulates weeds, but does not specifically mention kudzu.
Mr. Wright stated amendment of the Code is proposed to allow kudzu on private property only if
used for erosion control and set back a minimum of 5' from a common property boundary. Mr.
Wright stated the code currently contains prohibitions against clogging drains with yard waste,
but gives violators 10 days to address the debris before a citation can be issued. Mr. Wright
stated the proposed amendment would eliminate this time lapse which presently must be observed
before a summons can be issued.
Mr. Miller summarized the proposed ordinance changes for those present.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Smith expressed the view that City park rangers should also be authorized to
enforce the provisions of this code section. Mr. Cochran stated the jurisdiction of park rangers is
limited to the City's park facilities. Council Member Lnenicka stated the park rangers are on the
same radio communications system as other City departments, and should be able to notify the
police or other City departments if possible code violations are observed. Mayor Bacon stated it
is possible that some citizen volunteers may have an interest in belonging to some form of
auxiliary police unit which enforces ordinances.
MOTION: Council Member Newcomb made a motion to approve amendment to the City Code
Sec. 80-4 High grass; weeds; rubbish; etc., on private property and Sec. 90-35 Notice of
violation; penalty. The motion was seconded by Council Member McNabb. Motion was
approved 7 - O.
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PRIVILEGE LICENSE:
(A) Public Hearing - Privilege License Request - Massage Therapist - Total Tranquility, Inc.
- 2800 Spring Road #J-31 - JoAnne Marie Dorsey, Applicant
Mr. Wright stated that inquiry by the City police department has disclosed no information which
would preclude the issuance of this license.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
At Council Member Pritchett's request, Ms. Dorsey provided details to those present concerning
the massage therapy business she plans to operate. Council Member Lnenicka asked Ms. Dorsey
what the hours of operation will be for the business, and Ms. Dorsey stated the business will be
open at 9:00 a.m. until 9:00 p.m.
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January 18.2005
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MOTION: Council Member Pritchett made a motion to approve the privilege license request for
massage therapist for Total Tranquility, Inc. at 2800 Spring Road #J-3l for JoAnne Marie
Dorsey. The motion was seconded by Council Member Newcomb. Motion was approved 6 - 0,
with Council Member Wood abstaining.
FORMAL BUSINESS:
(A) Adoption of an Ordinance to Establish an Indigent Defense System for the Smyrna
Municipal Court {Ordinance #2005 - 1}
Mr. Wright stated that, in response to a U.S. Supreme Court decision, the Georgia General
Assembly passed the Georgia Indigent Defense Act establishing the Georgia Public Defender
Standards Council, and requiring all Municipal Courts in the State to provide indigent defendants
with representation at no cost to the defendant in any case where the possibility of confinement,
probation, or other loss of liberty exists. Mr. Wright stated the proposed indigent defense
program meets the requirements set forth by the Georgia Public Defender Standards Council.
Ms. Hiott stated the City's provisions for indigent defense must be a part of the City ordinances
as required by State law. Ms. Hiott provided details to those present regarding the process of
providing legal representation to those persons establishing eligibility for assistance on the basis
of indigence. Council Member Scoggins asked Ms. Hiott if the indigent defense program is an
unfunded State mandate, and Ms. Hiott answered in the affirmative.
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MOTION: Council Member Scoggins made a motion to approve adoption of an ordinance to
establish an indigent defense system for the Smyrna Municipal Court. The motion was seconded
by Council Member McNabb. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
(A) Commercial Building Permit - 32,193 s.f. Shopping Center - 4425 South Cobb Drive -
Shops at East/West Connector
MOTION: Council Member Lnenicka made a motion to approve a commercial building permit
for a 32,193 s.f. shopping center at 4425 South Cobb Drive for Shops at East/West Connector.
The motion was seconded by Council Member Smith. Motion was approved 7 - O.
(B) Commercial Building Permit - 4,200 s.f. Retail Building - 4479 South Cobb Drive-
Shops at East/West Connector
MOTION: Council Member Lnenicka made a motion to approve a commercial building permit
for a 4,200 s.f. shopping center at 4479 South Cobb Drive for Shops at East/West Connector.
The motion was seconded by Council Member Smith. Motion was approved 7 - O.
CONSENT AGENDA:
(A) Approval of January 3, 2005 Minutes
(B)
Approval of Use of Council Chambers by the Heritage at Vinings HOA on Tuesday,
January 20, 2005 from 6:00 p.m. to 10:00 p.m.
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January 18.2005
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(C)
Approval of Acquisition of Property
Authorization is requested to acquire property located in Land Lots 485, 486, 523 and
524 of the I ih District, 2nd Section of Cobb County, Georgia as shown on Tract I on a
preliminary layout for the City of Smyrna prepared by Welker & Associates, Inc. dated
April 24, 1996 which is incorporated herein by reference.
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MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Smith. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present regarding various Public Works Department projects and activities. Council Member
McNabb asked why double stripes were painted on the roadway on Lake Drive. Mr. Hildebrandt
stated the striping crews were supposed to limit the work to the configuration which already
existed.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
concerning recent KSB activities. Ms. Kirk expressed appreciation to retired KSB board
members June Wolfe Jordan, Mary Betty Johnson and Monica Kahn for their service to the
community. Ms. Kirk thanked the principals of Anheuser Busch for their generous donation.
Council Member Pritchett thanked Ms. Kirk for her leadership and accomplishments.
Council Member Newcomb yielded the floor with no report.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present
concerning recent court services operations. Ms. Hiott provided details to those present regarding
annexation of property into the City during the previous year.
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Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present regarding City website updates for on-line submittal of requests for service.
Council Member McNabb recognized Mr. Ciaccio, who had no report.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning library use statistics during the previous year. Mr. Seigler provided details of
upcoming library programs and events to those present.
Council Member Smith recognized Mr. Corey, who had no report. At Council Member Smith's
request, Ms. Kirk provided details to those present regarding a KSB Christmas tree recycling
event which was recently held in the Smyrna area.
Council Member Lnenicka recognized Fire Chief Lanyon, who had no report.
Council Member Lnenicka recognized Chief Hook, and Chief Hook stated a large and notable
police insignia manufacturer has selected the City's police badge design created by Capt.
Waldrop to feature on the cover of their product guide. Chief Hook stated this publication is
widely distributed, and that Capt. Waldrop's design is very attractive. Chief Hook provided
statistics concerning recent City police operations to those present.
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Council Member Lnenicka provided details to those present regarding an upcoming ribbon-
cutting ceremony for the opening of new facilities at Woodland Ridge Assisted Living (WR).
Council Member Lnenicka stated WR is a non-profit institution which provides valuable service
to the community.
Council Member Wood recognized Ms. Edgar, who had no report.
SHOW CAUSE HEARINGS:
(A) Alcoholic Beverage Violation - K. EI Ciclon - 2731 South Cobb Drive - Su II Kwon,
Agent
Mayor Bacon recognized Mr. Su II Kwon.
The oath was administered to at least two persons by Mr. Cochran.
Mr. Wright stated that on December 7, 2004, at approximately 7:40 p.m., Ofc. Defense and a 17
year old undercover informant entered the subject establishment and the informant was able to
purchase a bottle of beer there. Mr. Wright stated the informant was not required to present
identification at the point of sale. Mr. Wright stated this is the first known violation for this
licensee.
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Mr. Cochran recognized Ofc. Tony Maloney, and Ofc. Maloney stated that on December 7, 2004,
at approximately 7:40 p.m., local police authorities were conducting undercover compliance
checks at businesses licensed to sell alcoholic beverages in the subject vicinity. Ofc. Maloney
stated Ofc. Defense and a 17 year old undercover informant entered the subject establishment and
the informant was able to purchase a bottle of beer there from Lizbeth Navarro, a server on duty
at that time. Ofc. Maloney stated the informant was not required to present identification at the
point of sale. Mr. Cochran asked Ofc. Maloney if K. EI Ciclon (EC) had been the subject of
complaints of sale of alcoholic beverages to underage persons before this incident, and Ofc.
Maloney said no. Mr. Cochran recognized Mr. John Young (phonetic), and Mr. Young stated he
has accompanied Mr. Kwon to this meeting to assist Mr. Kwon with any questions he may have.
Mr. Cochran asked Messrs. Kwon and Young if they have any questions they would like to ask
Ofc. Maloney, and both of them said no. Mr. Cochran asked Messrs. Kwon and Young if they
have any comments they would like to make to the city council, and both ofthem said no.
Mr. Cochran asked Mr. K won if he acknowledges that the violation described by Ofc. Maloney
did in fact occur, and Mr. Kwon answered in the affirmative. Mayor Bacon asked Mr. Kwon why
the offending server did not check the informant's license. Mr. Kwon stated Ms. Navarro was a
relatively new employee and apparently failed to ask for identification. Council Member Smith
asked Mr. Kwon if Ms. Navarro was working as a server at the time of the incident, and Mr.
Kwon answered in the affirmative. Council Member Smith asked Mr. Kwon if Ms. Navarro had
been given any training for selling alcoholic beverages in a lawful manner. Mr. Cochran
recognized Ms. Su Chan Su (phonetic), and Ms. Su indicated Ms. Navarro inadvertently
dispensed an alcoholic beverage to the underage informant while she was unattended. Council
Member Smith asked Ms. Su to provide details to those present regarding responsible alcoholic
beverage sales and service training conducted at EC. Ms. Su stated she provided training to Ms.
Navarro and instructed her to check identifications of persons attempting to purchase alcoholic
beverages. Mr. Cochran asked Ms. Su if she swears that her statements are true, and Ms. Su said
yes. Mr. Cochran asked Ms. Su in what capacity she serves at EC, and Mr. Young stated she is a
co-owner of the business. Mayor Bacon asked Ms. Su if she understands the seriousness of the
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January 18,2005
12
violation of sale of alcoholic beverages to an underage person, and Ms. Su answered in the
affirmative.
MOTION: Council Member Smith made a motion to adjourn into executive session. The motion
was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: Executive
session commenced at 10:40 p.m.)
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MOTION: Council Member Wood made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Smith. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 10:50 p.m.)
MOTION: Council Member Smith made a motion to approve a disposition for the alcoholic
beverage violation at K. El Ciclon at 2731 South Cobb Drive for Su II Kwon, agent to include
probation for a period of twelve months for the privilege license for alcoholic beverage sales for
the establishment, a requirement for the agent to complete the responsible alcoholic beverage
sales and service class as presented by Evindi, Inc. on or before March 10, 2005, with proof of
course completion to be furnished to the City Clerk's office, and a requirement for all servers at
the establishment to obtain suitable identification from all persons attempting to purchase
alcoholic beverages during the probation period. The motion was seconded by Council Member
McNabb. Council Member Lnenicka asked Mr. Kwon if the terms of disposition as described in
the motion are acceptable, and Mr. Kwon answered in the affirmative. Motion was approved
7 -0.
(B) Alcoholic Beverage Violation - El Maizal Mexican Market - 1022 Windy Hill Road -
Ernesto Acosta, Agent
Mr. Wright stated that on December 7, 2004, at approximately 6:30 p.m., Ofc. Defense and a 17
year old undercover informant entered the subject establishment and the informant was able to
purchase a bottle of beer there. Mr. Wright stated this is the first known offense for this location.
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Mr. Cochran administered the oath to at least two persons.
Mr. Cochran recognized Ofc. Tony Maloney, and Ofc. Maloney stated that on December 7, 2004,
at approximately 6:30 p.m., a 17 year old undercover informant entered the El Maizal Mexican
Market at 1022 Windy Hill Road. Ofc. Maloney stated the informant was able to purchase a
bottle of beer there from Claudia Acosta, a cashier on duty at that time. Ofc. Maloney stated Mrs.
Acosta did not require the informant to present identification at the point of sale. Mr. Cochran
asked Mr. Acosta ifhe wishes to ask Ofc. Maloney any questions, and Mr. Acosta said no. Mr.
Acosta stated he applied for his alcoholic beverage sales license in 1999, and that this is the first
underage sale violation which has occurred at El Maizal (EM). Mr. Acosta provided details to
those present concerning an incident which occurred earlier on the subject date involving an
inebriated person causing a disturbance at EM. Mr. Acosta stated Mrs. Acosta
may have been distracted at the time of the illegal sale because of this disturbance at EM during
the preceding hours. Mr. Cochran advised Mr. Acosta that the police may be summoned when
inebriated persons or others behave in a disorderly manner. Mr. Cochran asked Mr. Acosta to
provide details to those present regarding any steps taken at EM to ensure that alcoholic
beverages are sold there in a lawful manner. Mr. Acosta stated that he stresses the importance of
safeguarding the privilege license for EM to his staff, and that all EM cashiers are trained to
check identifications of all persons attempting to purchase alcoholic beverages. Mayor Bacon
asked Ofc. Maloney if EM had been the subject of complaints of sale of alcoholic beverages to
underage persons before this incident, and Ofc. Maloney said no.
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January 18,2005
13
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MOTION: Council Member McNabb made a motion to adjourn into executive session. The
motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 10:59 p.m.)
MOTION: Council Member Scoggins made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Smith. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 11 :00 p.m.)
MOTION: Council Member Scoggins made a motion to approve a disposition for the alcoholic
beverage violation at El Maizal Mexican Market at 1022 Windy Hill Road for Ernesto Acosta,
agent to include a probation for a period of twelve months for the privilege license for alcoholic
beverage sales for the establishment, a requirement for the agent to complete the responsible
alcoholic beverage sales and service class as presented by Evindi, Inc. on or before March 10,
2005, with proof of course completion to be furnished to the City Clerk's office, and a
requirement for all servers at the establishment to obtain suitable identification from all persons
attempting to purchase alcoholic beverages during the probation period. The motion was
seconded by Council Member Newcomb. Motion was approved 7 - O.
(C) Alcoholic Beverage Violation - Kroger Store #299, 3315 South Cobb Drive - Brenda
McCrae, Agent
Mr. Wright stated that on December 7, 2004, at approximately 7: 10 p.m., Ofc. Turner and a 16
year old undercover informant entered the Kroger Store at 3315 South Cobb Drive and the
informant was able to purchase a six pack of beer there. Mr. Wright stated the offending cashier
in this case is a minor, and that this is the first known offense for this location.
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Mayor Bacon recognized Messrs. Michael Griggs and Ken Hill (phonetic) from the management
staff of the Kroger Company (KG), and Ms. Brenda McCrae.
Mr. Cochran administered the oath to at least four persons.
Mr. Cochran recognized Ofc. Tony Maloney, and Ofc. Maloney stated that on December 7, 2004,
at approximately 7: 10 p.m., a 16 year old undercover informant entered KG with Ofc. Turner.
Ofc. Maloney stated the informant brought a multi-pack of beer to the counter to attempt to
purchase it. Ofc. Maloney stated the offending cashier entered the date of birth from the
informant's identification into the store's point-of-sale system, and the system rejected the
information. Ofc. Maloney stated the offending cashier entered a bogus date of birth into the
store's point-of-sale system in order to complete the transaction. Ofc. Maloney stated the
offending cashier asked the informant how old the informant is, and the informant advised the
cashier that the informant is 16 years old. Ofc. Maloney stated that the offending cashier
proceeded with the transaction and allowed the informant to purchase the beer. Mayor Bacon
asked Ofc. Maloney if KG had been the subject of complaints of sale of alcoholic beverages to
underage persons before this incident, and Ofc. Maloney said no. Mr. Cochran asked the
attending members of the KG management staff if they wish to ask Ofc. Maloney any questions,
and there was no affirmative response.
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Mr. Hill stated the associates of KG understand the responsibility involved with the sale of
alcoholic beverages. Mr. Hill stated the store's point-of-sale system is one of the measures KG
has in place to prevent sales of alcoholic beverages to underage persons. Mr. Hill stated KG
personnel are trained to require all persons attempting to purchase alcoholic beverages to present
Januarv 18, 2005
14
appropriate identification at the point of sale. Mr. Hill stated the store's point-of-sale system
worked as it should have at the time of the incident, but that the system was circumvented by the
offending operator. Council Member McNabb asked the attending members of the KG
management staff if anyone of them was present at KG at the time of this incident, and there was
no affirmative response. Council Member Lnenicka asked what the policy of KG is regarding the
sale of alcoholic beverages by an underage cashier. Ms. McCrae stated a KG floor supervisor
scans the alcoholic drink to be sold for the underage cashier. Council Member Lnenicka asked
Ms. McCrae if floor supervisors have any additional responsibility to make certain purchasers are
of legal age. Ms. McCrae stated the floor supervisor present at the time of the incident should
have remained at the register until the transaction was completed. Council Member Lnenicka
asked Ms. McCrae if the floor supervisor involved in this transaction has been identified and
afforded any remedial training. Mr. Griggs stated the KG management staff has conducted a
corrective interview of the floor supervisor involved in this transaction, and admonished that
individual to make certain that transactions ofthis type are properly completed. Mr. Griggs
stated that the more senior cashiers at KG are now being trained to make certain they monitor
alcoholic beverage sales transactions being conducted by underage cashiers until those
transactions are complete. Council Member McNabb expressed the view that an underage person
wishing to purchase an alcoholic beverage may be more likely to approach a cashier or other staff
member of similar age when attempting to unlawfully purchase such beverages. Mayor Bacon
asked if the management of KG could consult with the company's information technology
advisors to determine if reasonable measures are available to make the point-of-sale system at the
store less susceptible to being circumvented. Mr. Griggs expressed doubt about the feasibility of
any such modification to the point-of-sale system. Mayor Bacon asked ifthe training of KG staff
for selling alcoholic beverages in a responsible manner is adequate. Mr. Griggs stated KG
policies and procedures, including those pertaining to the sale of alcoholic beverages, are
reviewed with employees when they are hired. Council Member Wood asked what procedures
are in place for monitoring the age of purchasers at self-service registers. Mr. Griggs stated self-
service registers display instructions for purchasers to present identification to a cashier before a
self-service alcoholic beverage purchase can be completed.
-
-
MOTION: Council Member Scoggins made a motion to adjourn into executive session. The
motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 11 :20 p.m.)
MOTION: Council Member Newcomb made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member McNabb. Motion
was approved 6 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this
vote. Executive session concluded at 11 :25 p.m.)
MOTION: Council Member McNabb made a motion to approve a disposition for the alcoholic
beverage violation at Kroger Store #299 at 3315 South Cobb Drive for Brenda McCrae, agent
to include a request for the management of the store to consult with the company's information
technology advisors to attempt reasonable measures to make the point-of-sale system at the store
less susceptible to manual override, probation for the privilege license for alcoholic beverage
sales for the store for a period oftwelve months, and a requirement for Ms. McCrae and Mr.
Griggs to complete the responsible alcoholic beverage sales and service class as presented by
Evindi, Inc. on or before March 10, 2005, with proof of course completion to be furnished to the
City Clerk's office. The motion was seconded by Council Member Smith. Council Member
Lnenicka asked Mr. Griggs and Ms. McCrae if the terms of disposition as described in the motion
are acceptable, and Mr. Griggs and Ms. McCrae answered in the affirmative. Motion was
approved 6 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this
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January 18,2005
vote.)
CITIZENS INPUT:
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15
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
expressed concern to those present regarding former City police officer Curtis Cook. Mr.
Backry expressed views about the City's tree ordinance, enforcement of City ordinances and the
City's DUI enforcement program to those present.
Mayor Bacon recognized Ms. Roberta Cook, residing at 5911 Graywood Circle, and Ms. Cook
suggested that the City place a conservation easement around the Presley house property. Ms.
Cook commented on the historical significance of this property. Council Member Lnenicka
commended Ms. Cook for her interest in the history of the community.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11:40 p.m.
A. MAX BACON, MAYOR
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BILL SCOGGINS, WARD 3
C~~'~
-
o . 7f6~
SAN D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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MIC AEL McNABB, W Q4
ORDINANCE No. 2004-38
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 80, PROPERTY
MAINTENANCE, ARTICLE II, AND CHAPTER 90, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE II, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 80-4
AND 90-35 OF SAID CHAPTERS TO SPECIFICALLY IDENTIFY
KUDZU AMONG THE NUISANCES NOT ALLOWED ON PRIVATE
PROPERTY AND TO UPDATE AND CLARIFY THE PROCEDURE FOR
ISSUANCE OF VIOLATION NOTICES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Chapter 80, Article II, and Chapter 90, Article II, the City of
Smyrna, Georgia, be amended so that such Chapter shall read as follows:
Sec. 80-4. High grass; weeds; rubbish; etc., on private property.
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Every person or entity owning or occupying improved or unimproved property within the
city shall at all times maintain such property in a clean and sanitary condition which shall
include, but not be limited to, keeping the property free from all waste, litter, trash, dead
animals, standing water, and rubbish of every nature and kind. In order to prevent the
property from becoming a breeding ground for vermin and other types of pests the
property shall be kept free of kudzu, underbrush and grass or weeds over eight (8)
inches in height. For the purposes of enforcement, kudzu shall only be permitted if used
for erosion control or setback a minimum of 5' from a common property boundary.
Sec. 90-35. Notice of violation; penalty.
Upon violation of sections 90-32--90-34 coming to the attention of the City Marshal or
Police Officer, he/she shall direct the violator to correct the infraction immediately. If the
condition has not been corrected, or it reoccurs, the Marshal or Police Officer may cite
the accused to appear in the municipal court
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
-
ORDINANCE No. 2004-38
Approved by Mayor and Council this 18th day of January, 2005.
~
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Attest:
A. Max Bacon, Mayor
C?f~f).~
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
sc~
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2
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ORDINANCE 2005-1
AN ORDINANCE AND/OR RESOLUTION OF THE my COUNCIL OF THE CITY
OF SMYRNA TO AMEND ITS CODE OF ORDINANCES TO ESTABLISH AN
INDIGENT DEFENSE SYSTEM FOR ITS MUNICIPAL COURT;
AND OTHER PURPOSES
WHEREAS, the Municipal Court of the City of Smyrna has jurisdiction over
certain misdemeanor offenses and city ordinance violations for which incarceration
and/or probated or suspended sentences are authorized by law; and
WHEREAS, section 41 of the Charter of the City of Smyrna authorizes the Mayor
and Council to enact and enforce ordinances to ensure the welfare and protection of its
citizens; and
WHEREAS, the City Council is desirous of facilitating compliance with Alabama
v Shelton (United States Supreme Court, Case No. 001214, decided on May 20, 2002) by
establishing an indigent defense system.
NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE my OF
SMYRNA, A GEORGIA MUNICIPAL CORPORATION, AND BY THE AUTHORITY
OF THE SAME THAT THE CODE OF ORDINANCES OF THE my OF SMYRNA,
GEORGIA BE AMENDED BY ADDING TO CHAPTER 34, COURTS, SECTION 34-
37 AUTHRORITY TO ESTABLISH AN INDIGENT DEFENSE SYSTEM AS
FOLLOWS:
-
(a) The internal operating procedures set forth in the Indigent Defense Plan for
the City of Smyrna, developed with the advice and cooperation of the Cobb County
Judicial Circuit's Indigent Defense Program, a copy of which is hereby set forth as
Exhibit "A" is hereby adopted as the official policy of the City of Smyrna.
(b) The administrator for the plan shall be the Clerk of Court for the Smyrna
Municipal Court. The Clerk shall provide a form for requesting appointed counsel to any
defendant in a case pending in the Municipal Court and shall forward any such form or
other request for appointed counsel to the Chief Judge of the Municipal Court for review.
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(c) The Clerk of Court shall maintain a list of attorneys deemed eligible for
appointment by the Chief Judge of the Municipal Court. The panel or roster of attorneys
from which appointments may be made by the Municipal Court of the City of Smyrna,
may be compiled by periodically soliciting attorneys who are on the panel of qualified
attorneys created by the Cobb County Indigent Defense System. Any attorney on the
County's panel of attorneys who is involuntarily removed for cause pursuant to the rules
of the Cobb County Indigent Defense Plan shall be ineligible for appointment by the
Municipal Court of The City of Smyrna. Any other qualified attorney not appearing on
the County's panel of qualified attorneys may request his or her inclusion on the Smyrna
panel and may be included on the Smyrna panel if found to be qualified by the Chief
Municipal Court Judge. Any attorney accepting an appointment by the Municipal Court
of the City of Smyrna shall be required to comply with the guidelines and standards
applicable to panel attorneys and other appointed counsel set forth in Exhibit "A".
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(d) Any fee or expense invoice submitted by appointed counsel shall be submitted
to the Clerk of Court and shall be reviewed by the Chief Judge, whose decision regarding
Smyrna panel attorneys, payment of fees, expenses, and costs shall be final and may not
be appealed except as may be provided by law.
(e) To the extent that Exhibit "A"; assumes a standard for determining an indigent
defendant's right to appointed counsel inconsistent with the holding of Alabama v
Shelton, it shall be the policy of the City of Smyrna to apply the standards of Alabama v
Shelton.
(t) Unless otherwise ordered by the Municipal Court, any appointment of counsel
by the Municipal Court of Smyrna shall terminate upon the entry of an order binding the
case over to a court of record prior to any adjudication of the merits of the case by the
Municipal Court.
(g) The Chief Judge of the Municipal Court of Smyrna may develop internal
operating procedures and forms and other documents as may be necessary to effectuate
this ordinance and/or resolution.
All Ordinances or parts of Ordinances in conflict with the above are hereby
repealed as of the effective date of this Ordinance. .
-
This Ordinance shall become effective upon the date of its adoption set forth
below.
Severability. Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not affect
the validity of the Ordinance as a whole or any part thereof which is not specifically
declared to be invalid or unconstitutional.
The above Ordinance having been read according to law is hereby approved by
the Mayor and Council of the City of Smyrna, Georgia on this 18th day of January, 2005.
D.~
Sus D. Hiott, City Clerk
City of Smyrna
APPJed as to form:
.~
ScOtt A. Cochran, City Attorney
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AFFIDA VIT
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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 meeting of the Mayor and Council held on the 18th
day of January, 2005.
(2) That it is my understanding that a.c.G.A. S50-14-4(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 January, 2005 which was closed for the purpose(s) of discussion of legal
matters as allowed by a.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
a.c.G.A. S50-14-4(b) that such an affidavit be executed.
-
This 18th
day of January, 2005.
Sworn to and subscribed before me
This 18th day of January, 2005.
~~
Notary Public
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-
Re: K. El Ciclon
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:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 18th
day of January, 2005.
(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 18th of January, 2005 which was closed for the purpose(s) of discussion oflega1
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 January, 2005.
Mayor/Presiding Officer
Sworn to and subscribed before me
This 18th day of January, 2005.
-
Re: Kroger Store #299
~~d1D.~~
Notary Public """'0~r.:.':!.r/"",,
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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:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 18th
day of January, 2005.
(2) That it is my understanding that O.C.G.A. S50-14-4(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 January, 2005 which was closed for the purpose(s) of discussion of legal
matters as allowed by a.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. S50-14-4(b) that such an affidavit be executed.
-
This 18th
day of January, 2005.
~~
.........
Mayor/Presiding Officer
Sworn to and subscribed before me
This 18th day of January, 2005.
-
Re: EI Maizal Market
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