10-05-2009 October 5, 2009October 5, 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 City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott
Cochran, Chief Lanyon, Deputy Chief Acree and representatives of the press.
Invocation was given by Pastor Pete Hixson of Vinings Lake Church, followed by the pledge to the flag.
AGENDA CHANGES:
MAYOR' S REPORT:
(A) Presentation of Character Education Word with Teasley Elementary School
Mayor Bacon recognized Ms. Kate Strother, Principal Joanne Robblee and students from Teasley
Elementary School, and the students presented this month's character education word program.
(B) Proclamation in Recognition of Public Safety Appreciation Week
Council Member Lnenicka recognized Chief Lanyon and Deputy Chief Acree, and Council Member
Lnenicka read a Proclamation in Recognition of Public Safety Appreciation Week to those present. Chief
Lanyon thanked the present officials for their recognition on behalf of all the local public safety
professionals.
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Adopt replacement ordinance for Section 30-32 Civil Emergencies
Mr. Taylor stated the proposed amendment more clearly defines exigent authority during civil
emergencies and addresses such matters as response powers, registration and permitting requirements for
repair services and closed or restricted areas and curfews. Mr. Taylor stated staff recommends approval
of the revision.
Council Member Lnenicka provided additional information to those present concerning the process of
developing this proposed ordinance amendment. Council Member Lnenicka commended Chief Lanyon,
Deputy Chief Acree, Mr. Cochran and Mr. Taylor for their work on this amendment.
MOTION: Council Member Lnenicka made a motion to approve adoption of the replacement ordinance
for Section 30-32 Civil Emergencies as presented. The motion was seconded by Council Member Wood.
Motion was approved 7 - 0.
October 5. 2009
2
(B) Appointment of City Administrator
Council Member Wood stated Mr. Taylor has served in interim positions of Director for both the
Community Development and Human Resources departments with the City of Smyrna in addition to
serving as Interim City Administrator all during his time as Assistant City Administrator, working
alongside all department heads. Council Member Wood stated Mr. Taylor has assisted with efficiency
and development projects for the City of Smyrna as well as played a role in strategic operations and
budget management initiatives which have supported the City of Smyrna through the recent national
economic downtown. Mr. Wood stated that, following a Masters degree in Public Administration with a
concentration in management and public finance from Georgia State University, Mr. Taylor has served in
roles covering a range of experience in municipal operations and public administration, adding to prior
service in analysis, sales strategy and marketing support roles which have included service with the City
of Marietta, Avondale Estates and Decatur. Council Member Wood stated Mr. Taylor obtained his
bachelors from Earlham College in Richmond, Indiana in 1992 and is a member of Pi Alpha Alpha
National Honor Society for Public Affairs and Administration, the International City/County
Management Association (ICMA) and the Georgia City/County Management Association (GCCMA).
MOTION: Council Member Wood made a motion to appoint Eric Taylor as city administrator for the
City of Smyrna, Georgia. The motion was seconded by Council Member Lnenicka. Motion was
approved 7 - 0.
Mayor Bacon recognized Superior Court Judge Ken Nix, and Judge Nix administered the oath of office to
Mr. Taylor.
Mr. Taylor stated he will take his responsibilities as city administrator seriously, and that he appreciates
the confidence the city council has in him.
Council Member McNabb thanked human resources director Ms. Bruner, Council Member Anulewicz,
Council Member Wood, and Council Member Wood for their efforts on the search committee. Council
Member McNabb congratulated Mr. Taylor on his appointment.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of September 21, 2009 minutes
MOTION: Council Member Newcomb made a motion to approve the consent agenda. The motion was
Motion to approve the consent agenda was approved 7 - 0.
October 5.2009
3
COMMITTEE REPORTS:
Council Member Pritchett provided details to those present concerning the upcoming installation of
power poles on Spring Road and Cumberland Boulevard.
Council Member Newcomb yielded the floor with no report.
Council Member Anulewicz thanked the City police department for recently allowing herself and other
associates of Leadership Cobb to ride along in patrol cars during a regular shift.
Council Member McNabb commended the people who attended this meeting in connection with the
Teasley Elementary School character education word program, and thanked them for their participation in
the education process.
Council Member Smith congratulated Mr. Taylor on his appointment.
Council Member Lnenicka congratulated Mr. Taylor on his appointment, and commented on the selection
process. Council Member Lnenicka expressed appreciation to the Cobb Chamber for conducting the
Public Safety Appreciation breakfast meeting and recognizing all the public safety agencies in Cobb
County. Council Member Lnenicka congratulated Ms. Barbara Kilgore from Emory Adventist Hospital
who recently received the Hospital Hero Award from the Georgia Hospital Association. Council Member
Lnenicka provided details to those present concerning the recent home and garden tour conducted by the
Forest Hills community. Council Member Lnenicka provided details to those present concerning
extended public meetings held in connection with the proposed multi-use trail on Atlanta Road.
Council Member Wood stated he is looking forward to working with Mr. Taylor.
Mayor Bacon stated there will be a fifty-year class reunion at Campbell High School.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:10 p.m
October 5, 2009
4
.~4~~
A. MAX BACON, MAYOR
HIOTT, CITY CLERK
~~~ ~~ ~~
CHARLES PETE WOOD, WARD 7
ORDINANCE NO.2009-13
ORDINANCE N0.2009-13
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 30, CIVIL
EMERGENCIES, SECTION 30-32, EMERGENCYPOWERS, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REPEALING SAID SECTION
IN ITS ENTIRETY AND SUPPLANTING IT WITH A REVISED BODY
OF REGULATIONS TO MORE CLEARLY DEFINE EXIGENT
AUTHORITY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF SMYRNA, GEORGIA:
That Section 30-32, Emergency Powers, City of Smyrna, Georgia, be
amended to read as follows:
Sec 30-32. Emergency Powers.
*Editor's note: An amendment is requested to amend Sec. 30-32 in its entirety to read as
herein set out. Former Sec. 30-32 pertained to the same subject matter and derived from a
resolution adopted April 17`", 1995 and § 7-6 of the 1977 Code.
Sec. 30-32.1.
Sec. 30-32.2.
Sec. 30-32.3.
Sec. 30-32.4.
Sec. 30-32.6.
Sec. 30-32.7.
Regulations continued in effect.
Emergency management and response powers.
Enforcement and remedies.
Authority to waive procedures and fee structures.
Registration of building and repair services.
Closed or restricted areas and curfews during emergency.
Sec. 30-32.1. Regulations continued in effect.
All ordinances, resolutions, motions and orders pertaining to civil defense, emergency
management and disaster relief, which are not in conflict with this chapter, are continued
in full force and effect.
Sec. 30-32.2. Emergency management and response powers.
(a) Declaration of emergency.
(1) Grant of authority. In the event of an actual or threatened occurrence of a
disaster or emergency, which may result in the large-scale loss of life, illness,
injury, property damage or destruction or in the major disruption of routine
community affairs, business or governmental operations in the city and which is
of sufficient severity and magnitude to warrant extraordinary assistance by
federal, state and local departments and agencies to supplement the efforts of
available public and private resources, if the governor has declared a state of
PAGE # 1
ORDINANCE N0.2009-13
emergency pursuant to O.C.G.A Sec. 38-3-3 et.seq, the mayor may declare an
emergency for the City of Smyrna.
(2) Request for state assistance. Consistent with a declaration of emergency, the
mayor may request the governor to provide assistance, provided that the disaster
or emergency is beyond the capacity of the city to meet adequately and state
assistance is necessary to supplement local efforts to save lives and protect
property, public health and safety, or to avert or lessen the threat of a disaster.
(3) Continuance. The declaration of emergency declared by the mayor shall
continue during the term of the state of emergency declared by the governor or
until the mayor finds that emergency conditions no longer exist, at which time,
the mayor shall execute and file with the clerk of the city a document marking the
end of the state of emergency. No state of emergency shall continue for longer
than 30 days, unless renewed by the mayor. The city council may, by resolution,
end a state of emergency declared by the mayor at any time.
(4) Effect of declaration of emergency.
(a). Activation of emergency operations plan. A declaration of emergency
shall automatically activate the city emergency operations plan and shall
be authority for the deployment of personnel and use of any forces to
which the plan applies and for use or distribution of any supplies,
equipment, materials, and facilities assembled, stockpiled or arranged to
be made available pursuant to the Georgia Emergency Management Act or
any other laws applicable to emergencies or disasters.
(1). The Smyrna emergency management director shall have the
legal authority to exercise the powers and discharge the duties
conferred upon the emergency management Department, including
the implementation of the emergency operations plan, coordination
of the emergency responses of public and private agencies and
organizations, coordination of recovery efforts with state and
federal officials, and inspection of emergency or disaster sites.
(2). In responding and conducting necessary and appropriate
investigations, the director or his/her designee is authorized to
enter at a reasonable time upon any property, public or private, for
the purpose of investigating and inspecting sites involved with
emergency management functions.
(3). No person shall refuse entry or access to any authorized
representative or agent of the city who requests entry for purposes
of inspection, and who presents appropriate credentials. Nor shall
any person obstruct, hamper or interfere with any such
representative while that individual is in the process of carrying out
his or her official duties.
(b). Emergency powers. Following a declaration of emergency and during
the continuance of such state of emergency, the mayor is authorized to
implement any and all local emergency measures authorized by state, local
or federal law to protect life and property or to bring the emergency
situation under control. In exercising this authority, the mayor may cause
to become effective any of the following sections of this chapter as
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ORDINANCE N0.2009-13
,,, appropriate:, 30-32.6, and 30-32.7. If any of these sections is included in a
declaration of emergency, the same shall be filed in the office of the clerk
of the city and shall be in effect until the declaration of emergency has
terminated.
(c). Authority to waive procedures and fees. Pursuant to a declaration of
emergency, the city council is authorized to cause to be effective any of
the subsections of section 30-32.4 of this chapter as appropriate. The
implementation of such subsections shall be filed in the office of the clerk
of the city.
(d). Additional emergency powers. The mayor shall have and may
exercise for such period as the declared emergency exists or continues the
following additional emergency powers:
(1). To direct and compel the evacuation of all or part of the
population from any stricken or threatened area, for the
preservation of life or other disaster mitigation, response or
recovery;
(2). To prescribe routes, modes of transportation and destinations
in connection with evacuation;
(3). To suspend or limit the sale, dispensing or transportation of
alcoholic beverages, firearms, explosives and flammable liquids
and substances;
(4). To make provision for the availability and use of temporary
"°" emergency housing. (5). To transfer the direction, personnel or
functions of any city departments and agencies or units thereof for
the purpose of performing or facilitating emergency services;
(6). To utilize all available resources of the city and subordinate
agencies over which the city has budgetary control as reasonably
necessary to cope with the emergency or disaster;
(7). To commandeer or utilize public or private property when
necessary to cope with the emergency or disaster. (8). To suspend
any law, code provision or regulation prescribing the procedures
for conduct of city business, or the orders, rules or regulations of
any city agency, if strict compliance with any ordinance,
resolution, order, rule or regulation would in any way prevent,
hinder or delay necessary action in coping with the emergency or
disaster, provided that such suspension shall provide for the
minimum deviation from the requirements under the circumstances
and further provided that, when practicable, specialists shall be
assigned to avoid adverse effects resulting from such suspension;
(9). To provide welfare benefits to citizens upon execution of an
intergovernmental agreement for grants to meet disaster-related
necessary expenses or serious needs of individuals or families
adversely affected by an emergency or disaster in cases where the
~.,.. individuals or families are unable to meet the expenses or needs
from other means, provided that such grants are authorized only
PAGE #3
ORDINANCE N0.2009-13
when matching state or federal funds are available for such
purposes.
(10). To perform and exercise such other functions, powers and
duties authorized by law as may be deemed necessary to promote
and secure the safety and protection of the civilian population,
including individuals with household pets and service animals
prior to, during, and following a major disaster or emergency.
(b) Form of declaration.
Upon the declaration of emergency, an official "Declaration of Emergency," in
substantially the same form set forth below, shall be signed and filed in the office of the
clerk of the city and shall be communicated to the citizens of the affected area using the
most effective and efficient means available. The declaration shall state the nature of the
emergency or disaster, the conditions that require the declaration and any sections of this
chapter which shall be in effect.
DECLARATION OF EMERGENCY
WHEREAS, the City of Smyrna, Georgia has experienced an event of critical
significance as a result of [DESCRIPTION OF EVENT] on [DATE]; and
WHEREAS, in the judgment of the mayor, with advice from the Smyrna Emergency
Management Department, there exist emergency circumstances located in [DESCRIBE
GEOGRAPHIC LOCATION] requiring extraordinary and immediate corrective actions
for the protection of the health, safety and welfare of the citizens of Smyrna, including
individuals with household pets and service animals; and
WHEREAS, to prevent or minimize injury to people and damage to property resulting
from this event;
NOW, THEREFORE, pursuant to the authority vested in me by local and state law;
IT IS HEREBY DECLARED that a local state of emergency exists and shall continue
until the conditions requiring this declaration are abated.
WHEREFORE, IT IS ORDERED:
(1) That the Smyrna Emergency Management Department activate the Emergency
Operations Plan;
(2) That the following sections of the Official Code of Smyrna, Georgia be
implemented: [If deemed appropriate, choose from the following: Section 30-
32.6, Registration of Building and Repair Services; Section 30-32.7, Closed or
Restricted Areas and Curfews]; and
(3) That the following measures also be implemented: [If deemed appropriate,
select items from Section 30-32.2(a)(4)c, d or such other measures as
appropriate.]
ENTERED at [TIME] on [DATE].
[Signed]
Mayor, City of Smyrna, Georgia.
PAGE #4
ORDINANCE N0.2009-13
Sec. 30-32.3. Enforcement and remedies.
(a) Law enforcement responsibilities. The law enforcement authorities of the city shall
enforce the orders, rules and regulations contained in this chapter and/or implemented by
the mayor or local governing authority during a declared emergency.
(b) Penalties. Failure to comply with any of the requirements or provisions of the
regulations contained in this chapter, or with any code section, order, rule or regulation
made effective by the mayor or local governing authority upon or after the declaration of
an emergency shall constitute a violation of the provisions of this chapter. Any person
who violates any provision in this chapter shall, upon conviction thereof, be guilty of a
misdemeanor for each violation and punished as provided by section 1-8 of the Smyrna
Code Of Ordinances. Each day during which a violation or failure to comply continues
shall constitute a separate violation.
(c) Injunctive relief. In addition to the remedies prescribed in this section, the City is
authorized to obtain an injunction to restrain violation of laws, code sections, orders,
rules and regulations which are contained in the Georgia Emergency Management Act
and/or this code, and/or which are implemented by the City of Smyrna during a declazed
emergency.
Sec. 30-32.4. Authority to waive procedures and fee structures.
(a) City business. Upon declaration of an emergency or disaster by the governor or
mayor, the affairs and business of the city may be conducted at places other than the
regular or usual location, within or outside of the city, when it is not prudent, expedient
or possible to conduct business at the regular location. When such meetings occur outside
of the city, all actions taken by the local governing body shall be as valid and binding as
if performed within the city. Such meeting shall be called as provided by existing law.
(b) Purchasing and public works contracts. Upon declaration of an emergency or disaster
by the governor or mayor, the city council may contract for public works without letting
such contract out to the lowest, responsible bidder and without advertising and posting
notification of such contract provided, however, that the emergency must be of such
nature that immediate action is required and that the action is necessary for the protection
of the public health, safety and welfare. Any public works contract entered into pursuant
to this subsection shall be entered on the minutes of the city as soon as practical and the
nature of the emergency described therein.
(c) Code enforcement. Upon declaration of a state of emergency or disaster by the
governor or the mayor, the city council may temporarily suspend the enforcement of the
ordinances of the city, or any portion thereof, where the emergency is of such nature that
immediate action outside the code is required, such suspension is consistent with the
protection of the public health, safety and welfare, and such suspension is not
inconsistent with any federal or state lawsor regulations.
(d) Fees. Upon declaration of a state of emergency or disaster by the governor or the
mayor, the city council may temporarily reduce or suspend any permit fees, application
fees or other rate structures as necessary to encourage the rebuilding of the areas
impacted by the disaster or emergency. The term "fees" include fees or rates charged by
PAGE #5
ORDINANCE N0.2009-13
the city for building permits, land disturbance permits, zoning applications, special land
use permits, temporary land use permits and other fees relating to the reconstruction,
repair and clean up of areas impacted by the disaster or emergency. The term "fees" does
not include fees collected by the city on behalf of the state or federal government or fees
charged by the city pursuant to a state or federal statute or regulation.
(e) Temporary dwellings. Upon the declaration of a state of emergency or disaster by the
governor or mayor, the city council or its designees may issue temporary mobile home,
trailer, recreational vehicle or other temporary dwelling structures or parks in any zoning
district, even though not otherwise permitted by zoning regulations, while the primary
dwelling is being repaired, provided that such temporary dwellings or parks are designed
by an engineer and the plans are approved by the county health department and City of
Smyrna Community Development. The temporary permit shall not exceed six months in
duration. In the case of a continuing hardship, and in the discretion of the city council or
its designee, the permit may be extended for a period of up to an additional six months.
Upon expiration of the temporary permit and/or extension, the temporary dwelling must
be removed.
Sec. 30-32.5. Intentionally left blank
Sec. 30-32.6. Registration and permitting for repair services.
'^""' (a) Before building, constructing, repairing, renovating or making improvements to any
real property, including; dwellings, homes, buildings, structures or fixtures within an area
in the City of Smyrna designated in a declared emergency or disaster, any person, firm,
partnership, corporation or other entity must register with the city and secure a building
permit that is posted at the work site. Each day any such entity does business in the City
of Smyrna without complying with this ordinance constitutes a separate offense.
(b) The cost of the emergency building permit shall be equal to the cost for a building
permit under existing regulations. The permit shall only be authorized for repairs.
(c) When registering and seeking a building permit, any person, partnership, corporation
or other entity making application for such permit must, under oath, complete an
application, providing the following information:
(1) Name of applicant;
(2) Name of business and applicable state license(s);
(3) Permanent address and phone number of applicant and/or temporary local
address and 24 hour contact number
(4) Applicant's Social Security number or federal Employer Identification
number;
(5) If applicant is a corporation, the state and date of incorporation;
(6) Tag registration information for each vehicle to be used in the business;
(7) List of cities where the applicant has conducted business within the past 12
months;
(8) Georgia sales tax number or authorization, if required;
(9) Georgia business license number, if required.
(d) Failure to submit the required information shall result in a denial of the permit.
PAGE #6
ORDINANCE NO.2009-13
(e) The applicant shall be ineligible for a building permit and the application for the
permit shall be denied if any of the following exist:
(1) The applicant does not have all required licenses authorizing the applicant to
conduct the business for which the application is sought.
(2) The applicant or any principal, partner,or officer of the applicant, has been
convicted or sentenced under first offender status for any felony or for a
misdemeanor involving moral turpitude, within a five year period preceeding the
date of the application. If there has been an arrest and charges are pending, action
on the permit shall be postponed until the charges are adjudicated.
(3) The applicant or any principal, partner or officer of the applicant has been
convicted of overcharging. If there has been an arrest and charges are pending,
action on the permit shall be postponed until the charges are adjudicated.
(f) Effective date. This section shall become effective only upon the signing of a
declaration of emergency, stating this section is in effect.
(g) Appeal. The applicant may appeal a denial of a permit to the license and
variance board under the procedures set forth in the Smyrna Code Of Ordinances.
Sec. 30-32.7. Closed or restricted areas and curfews during emergency.
(a) To preserve, protect or sustain the life, health, welfare or safety of persons, or their
'~'°" property, within a designated area under a declaration of emergency, it shall be unlawful
for any person to travel, loiter, wander or stroll in or upon the public streets, highways,
roads, lanes, parks or other public grounds, public places, public buildings, places of
amusement, eating places, vacant lots or any other place during a declared emergency
between hours specified by the mayor until the curfew is lifted.
(b) To promote order, protect lives, minimize the potential for looting and other crimes,
and facilitate recovery operations during an emergency, the mayor shall have discretion
to impose reentry restrictions on certain areas. The mayor shall exercise such discretion
in accordance with the Smyrna local emergency operations plan, which shall be followed
during declared state of emergencies.
(c) The provisions of this section shall not apply to persons acting in the following
capacities:
(1) Authorized law enforcement personnel;
(2) Authorized health care providers;
(3) Authorized personnel of the city;
(4) Authorized National Guard or federal military personnel;
(5) Authorized firefighters;
(6) Authorized emergency response personnel;
(7) Authorized personnel or volunteers working with or through the Smyrna
Emergency Management Department;
(8) Authorized utility repair crews;
,,, (9) Citizens seeking to restore order to their homes or businesses while on their
own property or place of business;
PAGE #7
ORDINANCE N0.2009-13
(10) Other authorized and essential persons as designated on a list compiled by
Smyrna Emergency Management Department, the mayor and council, and/or the
Chief of Police of the city.
(e) Effective date. This section shall become effective only upon the signing of a
declaration of emergency, stating this section is in effect.
State law references: Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-1 et seq.; emergency medical services,
O.C.G.A. § 31-11-1 et seq.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severabiliry: 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 5th day of October, 2009
Attest:
.
~` r '
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
Scott A. Cochran, City Attorney
A. Max Bacon, Mayor
PAGE #8
CITY ADMINISTRATOR OATH OF OFFICE
I, Eric Taylor, do solemnly swear that I will well and truly conduct myself as City
Administrator of the City of Smyrna for the ensuing term, that I will faithfully enforce the
charter and ordinances of the City of Smyrna to the best of my ability, without fear or
favor, that I am not the holder of any unaccounted public money due the State or any
political subdivision or authority thereof, and in all my actions as City Administrator act
as I believe for the best interests of the City of Smyrna. So help me God.
Eric Taylo
City Administrator
Sworn and subscribed to before me on the 5th day of October, 2009.
Judge Ken O. Nix, obb uperior Court Judge