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09-21-2009 September 21, 2009September 21, 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 Pro Tem Wade S. Lnenicka at 7:34 o'clock p.m. All council members were present except Mayor Bacon. Also present were Acting City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Deputy Chief Acree, Management Fellow Jered Sigmon and representatives of the press. Invocation was given by Pastor Steve Davis from Sharon Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Pro Tem Lnenicka stated Zoning Amendment Request Z09-007 will be withdrawn without prejudice. Mayor Pro Tem Lnenicka stated Mayor Bacon will not be present tonight because of a schedule conflict. MAYOR' S REPORT: (A) Presentation of Character Education Word with Norton Park Elementary School Mayor Pro Tem Lnenicka recognized Principal Daugherty, Ms. Haynes and students from Norton Park Elementary School, and the students presented this month's character education word. Mayor Pro Tem "' Lnenicka commended the students on their presentation, and thanked everyone for attending the meeting. Mayor Pro Tem Lnenicka recognized Deputy Chief Acree, who provided details to those present concerning current inclement weather conditions, its impact on the community and related public safety activity. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing -Zoning Amendment Request Z09-007 -Changes to previously approved building orientation and building elevations - 3.45 acre tract -Land Lots 482 and 527 -Southwest corner of Kings Springs Road and Hayes Drive -Ashton Woods Homes Mr. Taylor stated the applicant is requesting a zoning amendment to change previously approved building orientation and building elevations. Mr. Taylor stated a letter from the applicant's attorney was received last week in which withdrawal of the request without prejudice was requested. Council Member McNabb stated that, according to the applicant's attorney, Ashton Woods Homes (AWH) plans to proceed with architectural plans consistent with the original zoning. Council Member. McNabb stated the proposed structures will be built facing King Springs Road with no curb cuts on that street, and that AWH has contracts for nine houses there with sales prices exceeding $300,000 each. Mayor Pro Tem Lnenicka stated Zoning Amendment Request Z09-007 will be withdrawn without prejudice. September 21, 2009 PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Announcement of finalist for City Administrator position Council Member Wood stated Mr. Taylor was determined to be the best qualified applicant for the position of city administrator. Mayor Pro Tem Lnenicka stated State law requires a two week period to allow for citizen input before an official decision is made. Mayor Pro Tem Lnenicka commented favorably about Mr. Taylor's four years of service as assistant city administrator. Mr. Taylor stated he is excited about this opportunity, and thanked the present officials for their confidence in him. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of September 8, 2009 minutes (B) Award of RFP 10-001 -Classification and Compensation Study to the Archer Group and authorize Mayor to execute contract MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 6 - 0. Mayor Pro Tem Lnenicka stated he will not vote because he is presiding over this meeting. COMMITTEE REPORTS: Mayor Pro Tem Lnenicka stated the City's management personnel were excused from this meeting because of the currently inclement weather, and no staff reports will be presented this evening. Council Member Pritchett encouraged all citizens to contact public safety if they encounter any emergencies. Council Member Newcomb reported on flooding in the local area. Council Member Anulewicz expressed empathy for those experiencing flooding in their homes and reminded everyone that Cobb County Schools will be closed tomorrow. Council Member McNabb stated the City's public works department will be on-call tonight to respond to infrastructure problems caused by the heavy rainfall, and that public safety is available to respond to emergencies. September 21, 2009 Council Member McNabb provided details to those present concerning the upcoming tour of homes in the Forest Hills community. Council Member Smith advised everyone to exercise caution while the inclement weather persists. Council Member Wood stated that City property taxes have not increased. Council Member Wood pointed out that the State has previously provided a subsidy which reduced property tax bills, but this funding is currently not available. Council Member Wood stated the City has no control over the State budget process. Mr. Taylor stated the City has identified a number of residential water meters affixed to irrigation systems. Mr. Taylor stated plans are in place to replace these meters and that affected residents will be notified. Mayor Pro Tem Lnenicka stated on Veterans Day there will be a ceremony in Brinkley Park co-hosted by American Legion Post 160, the Veterans Memorial Association and the City. CITIZENS INPUT: Mayor Pro Tem Lnenicka recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry ,.~•.. expressed concern about some contractors used by the City who he claims do not speak English and are not in this country legally. Mr. Backry expressed concerns about property tax bill increases. Mr. Backry expressed concerns about an apartment owned by the City which burned and was not repaired promptly. Mayor Pro Tem Lnenicka recognized Mr. Randy Jordan, residing at 837 Wells Circle, and Mr. Jordan stated anon-partisan town-hall meeting regarding healthcare has been organized. Mr. Jordan stated the purpose of this forum is to provide citizens with factual information in a low-key, non-confrontational manner. Mr. Jordan stated the presenters will include two local physicians. Mr. Jordan stated the meeting will be at the Smyrna High School auditorium on September 30. Mayor Pro Tem Lnenicka stated there is no tax increase in Smyrna. Mayor Pro Tem Lnenicka stated the millage rate has not been increased, and that the tax credit previously funded by the State was not made available this year. Mayor Pro Tem Lnenicka stated the City does not employ illegal aliens, and that City contractors are required to sign an affidavit attesting to their compliance with pertinent laws. Mayor Pro Tem Lnenicka stated the burned building at Highlands Apartments was figured into the purchase price at a suitably reduced value, and that the damaged building was demolished. ADJOURNMENT: With no further business, the meeting was adjourned at 8:08 p.m. Seytember 21, 2009 SUSAN D. HIOTT, CITY CLERK Ce a RON NEWCOMB, WARD 2 4 A. MAX BACON, MAYOR WADE S. LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7