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April 15, 2002 Council Meeting April 15. 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Council Member Lnenicka. Also present were Interim City Administrator Chris Corey, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Fire Chief Larry Williams, 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, City Engineer Ken Hildebrandt, Community Relations Director Jennifer Bennett and representatives of the press. - Invocation was given by Father David Monroe of the Church of the Holy Trinity, followed by the pledge to the flag. CITIZENS INPUT/SPECIAL RECOG~ITIQN~ Mayor Bacon recognized Mr. Al Cochran, of the law firm of Cochran, Camp and Snipes, and expressed his appreciation to Mr. Camp for the service provided by the firm to the City for twenty-five years. Mr. Cochran was presented with a custom-made glass figurine commemorating the twenty-five year servic~ anniversary. M r. Cochran stated that Smyrna is a great place to live and he would not want to live anywhere else. Mayor Bacon recognized Mr. Jack Collins, who announced his candidacy for the post of Cobb County Commission Chairman. Mr. ColI ins stated he is a long-time resident of the area and pkclged to work in the interests of the taxpayers to the best of his ability if elected. EUBLIC HEAR1NG.s~ (A) Variance Request - Increase in Amount of Impervious Area - Kara and David Vinson- 150 Ennisbrooke Drive - Mr. Corey stated the subject property contains a single-family residence and is zoned RAD, and that the applicant is proposing to add landscape and hardscape features in the rear yard which cause 62 % of the lot to be covered by non-pervious materials. Mr. Corey advised Section 801 of the Smyrna Zoning Code limits the percentage of lot coverage by buildings and other structures including pavement to 45 %, and that the applicant has requested a variance to permit 62 % of the lot to be covered by both the residence and paving. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Kara and David Vinson, owners of the subject property, and asked them to describe the improvements for which a variance is required. Mrs. Vinson stated that a landscape architect was hired to draw up a beautification plan which includes such features as a patio, terrace, and retaining wall, and that the owners of adjoining property have no objections to the variance. Mr. Vinson commented that the brick used for the improvements will match those used for the house. Council Member Cramer made a motion to approve a variance for increasing the amount of impervious area for construction at 150 Ennisbrook Drive, and the motion was seconded by Council Member Wood. Motion was approved 6 - O. FORMAL BUSINESS: *(A) Dismissal Without Prejudice of Portion of Lawsuit Pending Against Cobb County - Marietta Water Authority - Council Member Wood made a motion to dismiss without prejudice the portion of the City's lawsuit (civil case # 021-00181-28) pending against Cobb County - Marietta Water Authority (CCMW A) to be effective April 16, 2002, and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. COMMERCIAL BUILDING PERMITS: There were none. APRIL 15,2002 2 BID AWARDS: (A) Award of Bid for the Resurfacing/Surfacing of the Public Works Complex Mr. Corey stated that the Public Works Department requested bids for the surfacing and resurfacing of the Public Works complex and that eight vendors were solicited for bid with five vendors responding. Mr. Corey advised that one of the bids did not meet the bid documents requirements. Council Member Cramer made a motion to award the bid to Stewart Brothers, Inc., the lowest qualified bidder, and the motion was seconded by Council Member Wood. Motion was approved 6 - O. - CONSENT AGENDA: (A) (B) (C) Approval of April 1, 2002 Minutes J Approval of Use of Council Chambers by fhamber of Commerce on May 21, 2002 Approval of Purchase of Replacement Vehicle for the Police Department's Criminal Investigation Division v Council Member Hawkins made a motion to approve the Consent Agenda, and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. COMMITTEE REPORTS: Council Member Wood reminded everyone that the budget meetings will begin next week. Council Member Cramer reminded everyone that commemorative pavers are available for the Veterans Memorial, and that a clean-up project for Ward 5 is tentatively being planned for the first or second week of May. Council Member Newcomb recognized Mr. Hildebrandt, and asked him to report on the Linear Park. Mr. Hildebrandt reported that temporary barriers are in place until permanent ones can be installed to prevent motorists from driving on the footpath. Mr. Hildebrandt advised that the contractor "punch list" is mostly complete, with the exception of some special-order benches, waste receptacles and barriers not yet in place, and that after State approval is received, some funds should become available. - Council Member Pritchett recognized Mr. Ciaccio, and asked him to report on Parks and Recreation Department activities. Mr. Ciaccio advised that the 2002 Arthur Bacon Golf Championship will be on May 4 and May 5. Mr. Ciaccio reported that Smyrna Night with the Braves will be on May 30 at 7:35 p.m., and that the Montreal Expos will be the opposing team. Mr. Ciaccio commended Parks employee Andrew McKinney for recently completing requirements for the Georgia Green Industries Association Landscaping Professional Certification. Council Member Pritchett recognized Mr. Seigler, and asked him to report on Library activities. Mr. Seigler stated that some special programs are plalmed for National Library Week, such as a drawing for Braves tickets; library patrons are entered in the contest by checking out a book and filling out an entry form. Mr. Seigler stated that the library volunteers will be recognized at a meeting Thursday and that Representative Rich Golick will install officers and board members for the 2002-2003 term. Mr. Seigler reported on some new library exhibits including monochrome photographs, sculpture, and stained glass. Council Member Pritchett recognized Ms. Bennett, and asked her to report on Community Relations activities. Ms. Bennett advised the Jonquil City Jog is planned for the morning of April 27, and events will include a Tot Trot, Fun Run and a "5K" race with prizes to include Kenny's Key Lime Pies. Ms. Belmett stated that proceeds of the event would go to the Campbell High School Foundation. Council Member Newcomb asked Ms. Bennett if there are plans to recognize Smyrna resident and Olympic bobsled champion Randy Jones, and Ms. Bennett answered in the affirmative and provided tentative details. - APRIL 15.2002 3 Council Member Cramer recognized Ms. Kirk, and asked her to report on Keep Smyrna Beautiful activities. Ms. Kirk stated that the Great American Clean-Up is scheduled for April 20, and that a picnic will be provided for the volunteers; Ms. Kirk also showed a sample of the t-shirt that will be given to participants. Ms. Kirk stated that on April 27, a dedication is planned for the Liberty Garden, which will be located near the Museum and Welcome Center. Ms. Kirk stated the Liberty Garden is being built in honor of the victims of the September 11 incident and those people who serve and protect the public. - Council Member Newcomb stated that the Mayor and Council Members have a good record of attendance at official City meetings, and that this is the first meeting Council Member Lnenicka has missed in fifteen years. Council Member Newcomb commended all the elected officials for their conscientious efforts to be present at City functions. Mr. Cochran stated that Mr. Clint Buckner passed away last week. Mr. Cochran said that Mr. Buckner was a real estate appraiser who helped the City on numerous occasions in the past, and expressed his appreciation of Mr. Buckner's service. CITIZEN INPUT: Mr. Bill Lnenicka stated that a dedication ceremony for the Veterans memorial is tentatively planned for October 12, and that an Army band, a four-gun battery for a salute, and appear- ances by various elected officials are expected to be part of the event. Mayor Bacon expressed his appreciation to Mr. Al Cochran once again for his patience and service to the City. Council Member Wood made a motion to recess into executive session in the 2nd Floor Conference Room at 8:20 p.m. to discuss legal and personnel matters, and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. - Council Member Hawkins made a motion to move from executive session back into the regular council meeting, and the motion was seconded by Council Member Wood. Motion was approved 6 - O. Council Member Wood made a motion to suspend the rules to add an item to the agenda, and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. *Council Member Wood made a motion to add Dismissal Without Prejudice of the Portion of Lawsuit Pending Against Cobb County - Marietta Water Authority (civil case # 021-00181-28) to the agenda category captioned "Formal Business," and the motion was seconded by Council Member Cramer. Motion was approved 6 - O. ADJOURNMENT With no further business, the meeting adjourned at 8:59 p.m. - /~ A. MAX BACON , MAYOR ~u~ LL S OGGIN~ 3 /\ I) ~L/l~4'71.eA) ~t?~~~ /"i I I --- : ! J-.~. / J l.-J LEE MILLER, DEPUTY CITY CLERK ~dL RON NEWCOMB, WARD 2 AJ~~~ WADE S. LNENICKA, WARD 6 4 - - - -- '- .. ~ 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 Council Meeting held on the 15th day of ApriL 2002. (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 15th of ApriL 2002, which was closed for the purpose(s) of discussion of personnel and 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. S50-14-4(b) that such an affidavit be executed. This 15th day of April, 2002. /4'~ Mayor/Presiding Officer Sworn to and subscribed before me This 15th day of ApriL 2002. ~((L-N/L- _ Notary Public ] ., 7/.)Vj My CommIssion ExpifM Oft"':':' '/ / \