11-19-2007 November 19, 2007 Council Meeting
November 19,2007
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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, Assistant Public Works Director Frank Martin, Police
Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio,
Assistant Keep Smyrna Beautiful Director Virginia Davis, Community Relations Director
Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken
Suddreth, Assistant City Administrator Eric Taylor, Fire Chief Jason Lanyon and representatives
of the press.
Invocation was given by Pastor Steve Kimmel from Smyrna First Baptist Church, followed by the
pledge to the flag.
AGENDA CHANGES:
*Council Member Pritchett made a motion to suspend the rules to add an item to the agenda. The
motion was seconded by Council Member McNabb. Motion was approved 7 - O.
Council Member Pritchett made a motion to add item 8 F, Approval of use of Council Chambers
for a Ward 1 town hall meeting on Tuesday, December 4, 2007 from 6:30 p.m. to 8:30 p.m. The
motion was seconded by Council Member Newcomb. Motion was approved 7 - O.
MAYOR'S REPORT:
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(A)
Character Education Program - Argyle Elementary School
Mayor Bacon recognized faculty members and students from Argyle Elementary School, and the
students presented this month's character education program. Mayor Bacon commended the
students on their presentation and thanked everyone for attending. Mayor Bacon commented
favorably about the local schools.
(B) Recognition of Principal Reginald Flenory from Imagine International Academy of
Smyrna
Council Member McNabb recognized Principal Reginald Flenory, and Principal Flenory provided
information concerning Imagine International Academy of Smyrna (lIAS) to those present.
Principal Flenory commented favorably about the students of lIAS and discussed the education
process in place there and progress being made. Principal Flenory introduced lIAS faculty
member Ms. Fawcett to those present, and Ms. Fawcett shared some of her experiences at lIAS
with the audience. Ms. Fawcett introduced some of her students, who told those assembled about
things they are learning at lIAS. Mayor Bacon thanked everyone for attending the meeting.
(C) Recognition of Smyrna Citizen - Juan Carlos Cisnado-Hadlow
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Council Member Wood provided details to those present about the background and
accomplishments of Mr. Cisnado-Hadlow. Council Member Wood recognized Mr. and Mrs.
Cisnado-Hadlow and their son, and Mr. Cisnado-Hadlow thanked the present officials for
honoring him. Mr. Cisnado-Hadlow stated he is very happy to be in a progressive city such as
Smyrna. Mrs. Cisnado-Hadlow thanked the present officials for the honest and efficient manner
November 19.2007
2
in which they discharge their civic duties. Mayor Bacon congratulated Mr. Cisnado-Hadlow for
attaining U.S. citizenship and for his many other accomplishments.
(D)
Recognition of Dale Holmes by Keep Smyrna Beautiful
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Ms. Kirk recognized Ms. Holmes and other KSB representatives, and provided details to those
present concerning Ms. Holmes' service and contributions to the community. Ms. Holmes stated
it has been a great pleasure to be associated with KSB, and that she enjoys living in Smyrna.
Council Member Newcomb thanked Ms. Holmes for her efforts on behalf of the community
through service with KSB. Council Member Newcomb congratulated Ms. Holmes and presented
her with a glass jonquil.
(E) Recognition of Firefighter of the Year
Chief Lanyon recognized Lt. David Hancock, and announced that Lt. Hancock has been named
2008 Firefighter of the Year. Chief Lanyon provided details to those present concerning Lt.
Hancock's background and experience top those present. Lt. Hancock thanked the City for the
opportunity of serving on the fire department and thanked all the City's firefighters for their
professionalism and assistance.
Mayor Bacon recognized Mr. Bruce Hallmueller, and Mr. Hallmueller provided details to those
present concerning an upcoming Optimist Club breakfast. Mr. Hallmueller stated the proceeds of
the event will be used for the benefit ofthe community.
LAND ISSUES/ZONINGS/ ANNEXATIONS:
(A)
Annexation request - 2.36 acre tract - Land Lot 751, Parcel 3, 17th District, 2nd Section,
Cobb County - 4941 South Cobb Drive - Tabas, LLP
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Mayor Bacon asked ifthere is anyone present in connection with this matter and related
annexations and rezoning and there was no comment.
MOTION: Council Member Wood made a motion to table annexation request for 2.36 acre tract
in Land Lot 751, Parcel 3, 17th District, 2nd Section, Cobb County at 4941 South Cobb Drive for
Tabas, LLP until further notice. The motion was seconded by Council Member Smith. Motion to
table the measure was approved 7 - O.
(B) Annexation request - .50 acre tract - Land Lot 752, Parcel 34, 17th District, 2nd Section,
Cobb County - 4970 Oakdale Road - James Freeman
MOTION: Council Member Wood made a motion to table annexation request for .50 acre tract
in Land Lot 752, Parcel 34, 17th District, 2nd Section, Cobb County at 4970 Oakdale Road for
James Freeman until further notice. The motion was seconded by Council Member Smith.
Motion to table the measure was approved 7 - O.
(C) Annexation request - .50 acre tract - Land Lot 752, Parcel 35, 17th District, 2nd Section,
Cobb County - 4980 Oakdale Road - James Freeman
MOTION: Council Member Wood made a motion to table annexation request for .50 acre tract
in Land Lot 752, Parcel 35, 17th District, 2nd Section, Cobb County at 4980 Oakdale Road for
James Freeman until further notice. The motion was seconded by Council Member McNabb.
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November 19. 2007
3
Motion to table the measure was approved 7 - O.
(D)
Public Hearing - Rezoning Request Z07-021 - GC, R-15 & RAD to GC - Northeast
Corner of South Cobb Drive and Oakdale Road - New South Properties Corporation To
be tabled until further notice
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MOTION: Council Member Wood made a motion to table Rezoning Request Z07-021 from GC,
R-15 & RAD to GC for the northeast corner of South Cobb Drive and Oakdale Road for New
South Properties Corporation until further notice. The motion was seconded by Council Member
Smith. Motion to table the measure was approved 7 - o.
(E) Public Hearing- Rezoning Request Z07-022 - R-15 to LC - Land Lot 523, 1306 Concord
Road - 0.37 acre tract - Joanne Nelson To be withdrawn
Mayor Bacon asked if there is anyone present in connection with this matter and there was no
response.
MOTION: Council Member McNabb made a motion to withdraw Rezoning Request Z07-022
from R-15 to LC in Land Lot 523, 1306 Concord Road for a 0.37 acre tract for Joanne Nelson.
The motion was seconded by Council Member Scoggins. Motion to withdraw the measure was
approved 7 - o.
(F) Public Hearing- Variance Request V07-061 - Reduction of Front Setback - 2781 Stone
Creek Road - Roscoe Rader
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Mayor Bacon asked if there is anyone present in connection with this matter and there was no
response.
MOTION: Council Member Smith made a motion to table Variance Request V07-061 for
reduction of front setback at 2781 Stone Creek Road for Roscoe Rader until the December 3,
2007 meeting. The motion was seconded by Council Member Scoggins. Motion to table the
measure was approved 7 - o.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Recording of Official City Election Results
Mr. Wright read the results of the November 6, 2007 City of Smyrna election to those present as
follows:
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Mayor
City Council Ward 1
City Council Ward 2
City Council Ward 3
City Council Ward 4
City Council Ward 5
City Council Ward 6
Max Bacon
Melleny Pritchett
Ron Newcomb
Teri Anulewicz
Mike McNabb
Jimmy Smith
Wade Lnenicka
November 19. 2007 4
City Council Ward 7 Pete Wood
MOTION: Council Member Wood made a motion to approve of the recording ofthe official City
election results as read by the city administrator. The motion was seconded by Council Member
Lnenicka. Motion was approved 7 - O.
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Mayor Bacon thanked the citizens of Smyrna for allowing him to serve them as their mayor.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of November 5, 2007 minutes
(B) Renewal of AGL Networks Telecommunications Franchise for three years ending
November 19,2010 and authorize the Mayor to execute related documents
(C) Bid Award 8-006 - replacement storm sewer piping at Church Street Senior Center
Staff has reviewed bids and recommends award to low bidder Ralph Ardito Ditching and
Pipeline in the amount of $45,304.00
(D)
Utility Relocation Agreement
Three Georgia Power poles will require relocation for the Spring Road at Jonquil Drive
intersection improvement. Public Works Staff and Croy Engineering have reviewed this
agreement and recommend approval of the Mayor and Council.
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(E) Approval of use of Council Chambers for a meeting of the Market Village HOA on
Wednesday, December 5, 2007 from 6:30 p.m. until 8:30 p.m.
*(F) Approval of use of Council Chambers for a Ward 1 town hall meeting on Tuesday,
December 4,2007 from 6:30 p.m. to 8:30 p.m.
MOTION: Council Member Scoggins made a motion to approve the consent agenda. The
motion was seconded by Council Member Wood. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Martin, and Mr. Martin provided details to those
present concerning the holiday sanitation schedule and the leaf pick-up and recycling projects.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
regarding the holiday schedule for the Recycling Center and the Christmas tree recycling
program. Ms. Kirk reported that sales of Jonquil bulbs have been brisk.
Ms. Pritchett commented favorably about the recent opening of the Cobb International Farmers
Market on Spring Road she attended. Ms. Pritchett stated she appreciates the opportunity to
continue to serve on the city council, and wished everyone a safe and pleasant holiday.
Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those
present concerning City building statistics.
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November 19,2007
5
Council Member Newcomb thanked the residents of Ward 2 for their continued confidence and
support.
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Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott had no report.
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present concerning upcoming City events. Ms. Bennett provided details to those present
concerning recent activities of the newly-organized Artists Business Association.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning current and upcoming programs and events for the City Library.
Council Member McNabb recognized Mr. Ciaccio, who provided details to those present
concerning upcoming Parks and Recreation Department events during the holiday season.
Council Member McNabb stated it is a privilege to represent the citizens of Ward 4. Council
Member McNabb thanked Joseph Marcoux for his interest in the Ward 4 council post. Council
Member McNabb stated Mr. Marcoux ran a good election campaign, and he is glad the citizens
had a choice during the election. Council Member McNabb urged everyone to attend the
upcoming Optimist Club breakfast.
Council Member Smith recognized Mr. Corey, who provided details to those present regarding
positions for which the City is presently recruiting.
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Council Member Smith thanked the residents of Ward 5 for their confidence and support.
Council Member Smith said farewell to Ms. Virginia Ballenger who recently passed away.
Council Member Smith congratulated himself and Mrs. Smith on their 30th wedding anniversary.
Council Member Lnenicka provided details to those present regarding a recent article in the
Marietta Daily Journal in which the grand jury made favorable comments about the City police
department.
Council Member Lnenicka recognized Chief Hook, and Chief Hook provided details to those
present concerning recent City police operations.
Council Member Lnenicka provided information to those present about commemorative pavers
available at the Veterans Memorial.
Council Member Lnenicka thanked the citizens of Ward 6 for their support and confidence.
Council Member Lnenicka commented favorably about Council Member Scoggins' many years
of service on the Smyrna city council.
Council Member Wood recognized Mr. Boyd, who had no report.
Council Member Wood thanked the citizens of Ward 7 for their support and confidence and
stated he is looking forward to his next term in office.
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Mr. Wright reminded everyone that City Hall and other offices will be closed for the
Thanksgiving holiday and urged everyone one to attend the upcoming Christmas tree-lighting
ceremony.
November 19. 2007
6
CITIZENS INPUT:
There was none.
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Mayor Bacon wished everyone a safe and happy Thanksgiving holiday. Mayor Bacon stated he
was gratified to see many conscientious people recognized for their efforts at this meeting.
Mayor Bacon urged everyone to attend the upcoming Optimist Club breakfast.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:42 p.m.
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SUSi'\N D. HIOTT, CITY CLERK
A. MAX BACON, MAYOR
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RON NEWCOMB, WARD 2
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SCO GINS, WAR 3 '
WADE S. LNENICKA, WARD 6
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CHARLES PE OOD, WARD 7
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Cobb County
Board of Elections & Registration
DIRECTOR OF
ELECTIONS AND REGISTRATION
SHARON DUNN
736 Whitlock Avenue, Suite 400
Mail: P.O. Box 649
Marietta, Georgia 30061-0649
(770) 528-2300 TOO: (770) 528-1199
(770) 528-2519 Fax Absentee Voting Fax (770) 528-2458
www.cobbelections.org
CONSOLIDATED RETURNS
SMYRNA CITY MUNICIPAL ELECTION
NOVEMBER 6, 2007
We, the undersigned Superintendent and his Assistants, do jointly and severally certify that the
above is a true and correct count of the votes cast in the Municipal Election on November 6,
2007.
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IN TESTIMONY WHEREOF, WE have hereunto set our hands and seals this 9th day of
November, 2007.
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James C. Dodd, Jr. Rob Garcia Patrick M. Gartland Joe Ransbotham Beverly E. Smith, Chair
Cobb County Government does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
CONSOLIDATED MUNICIPAL/COUNTY CERTIFICATION OF RETURNS FOR:
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( ) SPECIAL ELECTION
(X) GENERAL ELECTION
( ) RUNOFF ELECTION
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Date
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M unid pality /CountyJ
Instructions: Prepare and print (4) copies of the Election Summary (county consolidated vote totals report that is generated by GEMS).
Attach copies of this consolidated certification report as follows:
1. White sheet is attached to Election Summary and returned to Secretary of State.
2. Yellow sheet is attached to Election Summary and maintained by Superintendent.
3. Pink sheet is attached to Election Summary and sent to Clerk of Superior Court.
4. Goldenrod Copy is attached to Election Summary and immediately posted at the City Hall ( city) or Courthouse (county)
ELECTION SUMMARY MUST BE ATTACHED To THIS FORl\1
WRITE-IN VOTES: Record total number of votes received by all qualified write-in candidates.
Votes recorded here are the write-in totals from Direct Record Electronic Machines and Optical
Scan AbsenteelProvisional Ballots.
WRITE-IN CANDIDATES
(Insert Titles of Offices and
Names of Candidates)
Insert Vote Totals On Blanks Below:
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Votes
Votes
Votes
Votes
Votes
Votes
Votes
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We, the undersigned Superintendent of Elections and hislher Assistants, do jointly and
severally certify that the attached Election Summary is a true and correct count of the
votes cast in this City/County, and that the above listed Write-In Votes constitute all
votes cast for qualified Write-In Candidates on Direct Record Electronic Machines
and Optical Scan AbsenteelProvisional Ballots. In T~~TIMT_Y WHEREOF, We have
hereunto set our hands and seals this S::l '{..tt day o,i.)OVQ.Pf..k.( ,~Do'1. SIGNED IN
Q DRl} LICA: E. 'S; J ,7\-~.,"
Assistant :/{-ti'-{.lJ.';;;;;.j ,~
ssistant Superintendent Of Elections
~Assistant
Assistant
Assistant
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FORM# CR-SCM-DRE-OJ-C
Election Summary Report
MUNICIPAL GENERAL ELECTION
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Summary For Smyrna, All Counters, Smyrna
OFFICIAL RESULTS
[);J1e: II /09/07
Time: 11:51 :5()
PJgc: I of 2
Registered Voters 23593 - CJrds Cast 2860 12.12%
SN Mayor
NUlll. Report Precinct 12 - Num. Reporting 12 100.00'%
Number of Precincts
Precincts Reporting
Times Counted
ALEX BACKR Y
MAX BACON
Write-in Votes
Total
12
I2
2860/23593
338
2487
2
SN Council # I
Number of Precincts
Precincts Reporting
Times Counted
MELLENY PRITCHETT
Write-in Votes
'----------
Total
3
3
146/2478
123
6
- --- .-- --.----- --- -- --------
---------------- -----
SN Council #2
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Number of Precincts
Precincts Reporting
Times Counted
JEAN AARON
RON NEWCOMB
Write-in Votes
Total
4
4
484/3137
57
422
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SN Council #3
Number of Precincts
Precincts Reporting
Times Counted
TERI ANULEWICZ
BILL SCOGGfNS
Write-in Votes
Total
3
3
475/2260
306
160
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100.0 %
12.1 %
11.96%
87.97%
0.07%
100.0 %
5.9 %
95.35%
4.65%
100.0 %
15.4 %
11.90%
88.10%
0.00%
100.0 %
21.0 %
65.52%
34.26%
0.21%
SN Council #4
Number of Precincts
Precincts Reporting
Times Counted
JOSEPH J. MARCOUX
MIKE McNABB
Write-in Votes
Total
3
3
456/2946
133
316
2
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100.0 %
15.5 %
29.49%
70.07%
0.44%
Election Summary Report
MUNICIPAL GENERAL ELECTION
DJle: 1 \'(1), Of
Time: 11 :51 :5(,
!'Jl,:e:2 of 2
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Summary For Smyrna, All Counters, Smyrna
OFFICIAL RESULTS
Registered Voters 23593 - CJn.ls Clst 2S(10 12,12%
SN Council #5
NUI1l, Report Precinct 12 - NUI11. Reporting 12 100.00%
Number of Precincts
Precincts Reporting
Times Counted
JIMMY SMITH
Write-in Votes
Total
3
3
238/2479
212
7
100.0 %
9.6 %
96.80%
3.20%
_ +.... _. __...___h__..______________._____ --"..----..--.---
SN Council #6
Total
3
3
419/3657
384
6
100.0 %
11.5 %
98.46%
1.54%
Number of Precincts
Precincts Reporting
Times Counted
WADE LNENICKA
Write-in Votes
_ _ _. u _._______ __ -- ..--- --
SN Council #7
I
Number of Precincts
Precincts Reporting
Times Counted
PETE WOOD
Write-in Votes
Total
5
5
642/6636
598
10
100.0 %
9.7 %
98.36%
1.64%
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Statement of V otes Cast DalC:: II :09,07
MUNICIPAL GENERAL ELECTION Time: 14:07:02
Page: I of.3
sove For Smyrna, All Counters, Smyrna
OFFICIAL RESULTS
TURN OUT SN Mayor SN Council/! 1
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Jurisdiction Wide
SmyrnaJA 2478 136 5.490/. 2478 14 121 0 2478 113 (
Smyrna2A 1140 336 29470/. 1140 26 '97 I - -
Smyrna 2B 1997 98 4.910/. 1997 13 83 1 - -
Smyrna 3A 2260 378 16.730/. 2260 51 319 - -
Smyrna4A 2946 395 13.410/. 2946 64 330 - -
Smyrna5A 2479 213 8.590/. 2479 36 176 - -
Smyrna6A 3657 387 10.580/. 3657 39 343 - -
Smyrna7A 2044 336 16.440/. 2044 34 301 I - -
Smyrna7B 3227 75 2.320/. 3227 14 61 j - -
Smyrna 7C 1365 147 10.770/. 1365 17 130 - -
AB Prec Smyrna 0 358 0 30 325 0 10 ~
PR Precinct Smvrna 0 1 0 0 1 0 0
Total 23593 28(,0 12.120/. 23593 338 2487 2 2478 123 (;
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Statement of Votes Cast DJlc: 1 ], 0<),07
MUNICIPAL GENERAL ELECTION Timc: 1407:02
Pagc:2 of 3
save For Smyrna, All Counters, Smyrna
OFFICIAL RESULTS
SN COllncll1l2 SN CounclIlIJ SN ClIlIIlCilI14
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Jurisdiction Wide
Smyrna IA - - - - - - - - -
Smyrna 2A 1140 24 JII ~ - - - - - -
Smyrna 2B 1997 30 65 - - - - - -
Smyrna 3A - - - 2260 241 132 0 - - -
Smyrna 4A - - - - - - 2946 120 270 2
Smyrna 5A - - - - - - - - -
Smyrna 6A - - - - - - - - -
Smyrna 7 A - - - - - - - - -
Smyrna 7B - - - - - - - - -
Smyrna 7C - - - - - - - - -
AB Prec Smyrna 0 3 46 C 0 65 28 I 0 13 45 (
PR Precinct Sm\TTl3 0 0 0 ( 0 0 0 r 0 0 1 f
Total 3131 57 422 0 2260 306 1&0 I 2946 133 316 2
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Statement of Votes Cast Iblc:l L(JI),(Ji
MUNICIPAL GENERAL ELECTION Til1lc:l~:07:0-,
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sove For Smyrna, All Counters, Smyrna
OFFICIAL RESULTS
SN Council #5 SN Council #6 SN CounCl\ li7
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Jurisdiction Wide
Smyrna IA - - - - - -
Smyrna 2A - . - - - -
Smyrna 21l - . - - - -
Smyrna 3A . - - - - -
Smyrna 4A . - - - - -
Smyrna 5A 2479 190 - - . -
Smyma6A - - 3657 355 t - -
Smyrna 7 A - - - - 2044 310 3
Smyrna 78 - - - - 3227 67 4
Smyrna 7e - - - - 1365 138 2
All Prec Smyrna 0 22 ~ 0 29 ( 0 83 I
PR Precinct Smvma 0 0 0 0 ( 0 0 0
Total 2479 212 7 3657 384 ( (,&36 598 I(
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