08-03-2009 August 3, 2009August 3, 2009
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 Assistant City Administrator Eric Taylor, City Clerk Susan Hiott, City
Attorney Scott Cochran, Community Development Director Ken Suddreth and representatives of the
press.
Invocation was given by Pastor Chris Thomas of Lifepoint Church, followed by the pledge to the flag.
AGENDA CHANGES:
*MOTION: Council Member Wood made a motion to suspend the rules to add an item to the agenda.
The motion was seconded by Council Member McNabb. Motion to suspend the rules was approved
7-0.
*MOTION: Council Member Anulewicz made a motion to add item 8 H Approval of a partial road
closure in the vicinity of Hawthorne Circle for a community outreach gathering on Friday, August 7,
2009 from 2:00 pm until 4:30 pm to the consent agenda. The motion was seconded by Council Member
Pritchett. Motion to add an item to the consent agenda was approved 7 - 0.
MAYOR'S REPORT:
(A) Proclamation in Recognition of 20 Years of Kenny's Great Pies
Mayor Bacon recognized Mr. Kenny Burtz, and thanked him for his continuous support for the City over
the years. Mayor Bacon stated Mr. Burtz's company is an asset to the City which produces a distinctive
and superior product.
Council Member Wood read a Proclamation in Recognition of 20 Years of Kenny's Great Pies to those
assembled and presented the proclamation to Mr. Burtz. Council Member Wood congratulated Mr. Burtz
on his success, and thanked him for his many contributions to the community. Mr. Burtz thanked the
present officials for the proclamation, and introduced some of his family members and associates.
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Adoption of 2009 Millage Rate
Mr. Taylor stated the County tax assessor has provided the City with the 2009 tax digest, and after a
review of its contents, staff recommends approval of a millage rate for City taxes of 8.99 mils. Mr.
August 3, 2009
Taylor stated this rate is the same as that used in 2008 and that legal advertising requirements have been
met.
MOTION: Council Member Wood made a motion to approve a millage rate for 2009 City taxes of 8.99
mils. The motion was seconded by Council Member Smith. Motion was approved 7 - 0.
(B) Approval of Code Amendment to Section 90-36 of the Code of Ordinances regarding the
operation of bicycles on sidewalks by persons 12 years of age or younger -City of Smyrna
Mr. Taylor stated the Georgia General Assembly recently approved legislation allowing local
governments to decide if persons twelve years of age or younger may ride a bicycle on a sidewalk. Mr.
Taylor stated riding a bicycle on a sidewalk by anyone was previously illegal in Georgia. Mr. Taylor
stated the proposed Code amendment will allow such use as well as allowing anyone to ride a bicycle or
similar device on designated multi-use trails within the City. Mr. Taylor stated staff recommends
approval of the amendment.
Mr. Suddreth provided additional information regarding the proposed amendment.
MOTION: Council Member Newcomb made a motion to approve Code amendment to Section 90-36 of
the Code of Ordinances regarding the operation of bicycles on sidewalks by persons 12 years of age or
younger. The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0.
(C) Approval of license for use ofmulti-purpose field at Chuck Camp Park by Imagine School
Mr. Taylor stated the Imagine Charter School has requested permission to use the multi-purpose field at
Chuck Camp Park during school hours and the license will approve such use and indemnify the City
against any liabilities which may occur.
MOTION: Council Member Smith made a motion to approve a license for use of the multi-purpose field
at Chuck Camp Park by Imagine School. The motion was seconded by Council Member Wood. Mayor
Bacon commented favorably on the building to be used by the school. Motion was approved 7 - 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of July 20, 2009 minutes
(B) Approval of contract -Georgia Department of Transportation Federal-Aid Project - CSHPP-
0007-00(641) and authorize Mayor to execute agreement
(C) Award Bid #9-010 City of Smyrna Website Development and authorize mayor to execute
contract
(D) Approval of Red Flag Identity Theft Prevention Policy
Aueust 3, 2009
(E) Approval of Special Event street closing -Anderson Circle, August 8, 2009
(F) Approval of Updated Policy for Family and Medical Leave
(G) Adopt Resolution R-2009-8 authorizing the City to acquire 3454 Lake Drive for transportation
purposes by all means available including the right of Eminent Domain
*(H) Approval of a partial road closure in the vicinity of Hawthorne Circle for a community outreach
gathering on Friday, August 7, 2009 from 2:00 pm until 4:30 pm
MOTION: Council Member Newcomb made a motion to approve the consent agenda. In response to a
question from Council Member Lnenicka, Mr. Taylor provided additional information regarding the Red
Flag Identity Theft Prevention Policy. Council Member McNabb stated it is his understanding that the
purpose of the Policy is to make the City compliant with FTC guidelines for all institutions which allow
on-line financial transactions. Motion was approved 5 - 2, with Council Members Newcomb and
Lnenicka in opposition.
COMMITTEE REPORTS:
Council Member Wood yielded the floor with no report.
Council Member Lnenicka commented favorably about the City Birthday Celebration held over the
weekend.
Council Member Smith yielded the floor with no report.
Council Member McNabb stated the purpose of the website development agreement approved at this
meeting is to improve the usability of the City's website to better communicate with citizens.
Council Member Anulewicz thanked everyone who helped make the City Birthday Celebration a success.
Council Member Newcomb stated he is proud of the fact that the city council has not increased the
millage rate in eighteen years.
Council Member Pritchett commended the City staff for their excellent work on the City Birthday
Celebration.
CITIZENS INPUT:
There was none.
Mayor Bacon stated the City Birthday celebration was a great success.
Mayor Bacon stated several years ago the State was contacted about revising the format of drivers
licenses for underage persons, and that the State has finally implemented the suggested revision.
August 3, 2009
4
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:00 p.m.
,~ y
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
~G ~
M NY TCHETT, WARD 1
CHARLES PETE WOOD, WARD 7
~,
RON NEWCOMB, WARD 2
WADE S. LNENICKA, WARD 6
~. x-~.R
RESOLUTION AND ORDER NO. 8-2009-8
WHEREAS, in accordance with O.C.G.A.§32-3-1 et.seq., the City of Smyrna is
authorized to acquire property for transportation purposes; and
WHEREAS, the City deems it to be in the best interest of the public to acquire the
property described herein.
THEREFORE, IT IS RESOLVED, as follows:
l.) The City concludes that it is necessary to acquire the property designated as 3454
Lake Drive as described in Exhibit "A" hereto. Such acquisition is necessary for
transportation purposes in accordance with O.C.G.A. §32-3-1 et. seq. The City is
authorized to acquire said property or interest therein by any and all means
allowed including the use of Eminent Domain pursuant to O.C.G.A. § 32-3-1 et.
seq. Title 22 of the Official Code of Georgia.
2.) The City believes that there may be unknown persons or non-residents who have
~"""" or may have some claim or demand on the title or some actual or contingent
interest or estate therein and as authorized by O.C.G.A.§32-3-4, the City
concludes that it is desirable to have a judicial ascertainment of questions
connected with the matter.
This Resolution and Order was adopted by the Governing Authority of the City of
Smyrna, Georgia on the 3'd day of August, 2009.
~~.,
Su an Hiott, City Clerk
~~~
A. Max Bacon, Mayor
ORDINANCE No. 2009 - 9
~•~• AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 90, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, SEC. 90-36, BICYCLES,
SKATEBOARDS, ROLLER SKATES, ROLLER SKIS, AND SIMILAR
VEHICLES, CITY OF SMYRNA, GEORGIA, BE AMENDED . BE IT
ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Section 90-36, City of Smyrna, Georgia, be amended to read as
follows:
"(a) Except as authorized herein, it shall be unlawful and may be punishable as a
misdemeanor for any person to operate or ride a bicycle, skateboard, roller skates, or
similar vehicles on any public sidewalk within the city or common area of the city. No
minor shall be charged with offenses of this section except after failure of such person to
obey the lawful warning of an authorized city officer to cease such operation.
(b) Any person may operate or ride a bicycle, skate board, roller skates, roller skis, or
other similar vehicles on any trail designated by the city as a public multi-use trail within
the incorporated limits of the city. Amulti-use trail shall be defined as paved or unpaved
trail with a minimum width often feet (10') designed according to Georgia Department
of Transportation's specifications for shared use trails, which may be amended from time
to time.
(c) Any person twelve years of age or younger may operate or ride a bicycle on any
public sidewalk within the city."
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.
Approved by Mayor and Council this 3rd day of August, 20~ .
~.
A. Max Bacon, Mayor
Attest:
~,~. ~
S san D. Hiott, City Clerk
City of Smyrna
ORDINANCE No. 2009-9
Approved as to form:
Scott A. Cochran, City Attorney