06-07-2010 June 7, 2010June 7, 2010
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 7:30 o'clock p.m. All council
members were present except Mayor Bacon and Council Member Wood. Also present were City
Administrator Eric Taylor, City Clerk Susan Hiott, Acting City Attorney Jeffrey Tucker, Assistant City
Administrator Tammi Saddler, Finance Director David Boyd, Budget Analyst Monica Jones and
representatives of the press.
Invocation was given by Dr. Steve Kimmel of Smyrna First Baptist Church, followed by the pledge to the
flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
(A) Recognition of Smyrna Track Club -State Medal Winners
Mayor Pro Tem Lnenicka recognized Ms. Danine Lindley, who provided details to those present
concerning recent accomplishments of Smyrna Track Club members. Ms. Lindley introduced several of
the competitors to those present. Ms. Lindley commended the participants for their successes and the
,~.. exemplary manner in which they represent the community. Mayor Pro Tem Lnenicka thanked Ms.
Lindley for her efforts on behalf of the Smyrna Track Club.
Mayor Pro Tem Lnenicka recognized Ms. Stacey Evans, who provided details to those present concerning
her candidacy for the State House of Representatives.
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Public Hearing -Proposed Budget for FY 2011
Mr. Taylor stated a public hearing is required in connection with the budget process, and no action will be
taken at this meeting.
Mayor Pro Tem Lnenicka recognized Mr. Boyd, who commented on the budget process and thanked
everyone involved for their diligent assistance. Mayor Pro Tem Lnenicka stated it is important to note
that this is a balanced budget. Ms. Jones presented particulars of the budget, including various cost-
cutting measures and revenue projections.
June 7, 2010
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Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment
Mayor Pro Tem Lnenicka recognized Mr. Don Dorminey, residing at 2308 Jay Lane, who expressed
concerns about reduction of operating hours at the Community Center.
Mayor Pro Tem Lnenicka recognized Mr. Bob Davis, residing at 3248 Millwood Trail, who expressed
concerns about reduction of operating hours at the Community Center.
Mayor Pro Tem Lnenicka recognized Mr. Zach Berman, residing at 2776 Farmstead Road, who expressed
concerns about reduction of operating hours at the Community Center.
Mayor Pro Tem Lnenicka recognized Mr. George Mercurius, who commended the City's leadership and
staff for their efforts to formulate a balanced budget.
Mayor Pro Tem Lnenicka thanked everyone for taking the time to attend this meeting to share their views.
Mayor Pro Tem Lnenicka stated that raising taxes is not the right thing to do, that the City's leadership
has tried to make the best budget decisions possible under difficult circumstances, and that many of these
decisions have been hard to make. Council Member Pritchett expressed concerns about recent
devaluations of real property and regulations which require inclusion of foreclosures when formulating
values. Council Member Pritchett expressed further concerns about widespread support for these
measures in the State Legislature, and urged everyone to contact their elected representatives concerning
this. Council Member McNabb asked Mr. Taylor to prepare budget alternatives for consideration at an
upcoming work session in relation to public comment made at this meeting. Council Member Newcomb
expressed various concerns about the proposed budget, and expressed the hope that the budget will
undergo further review.
(B) Approval of a code amendment to the City's Alcoholic Beverage Ordinance with regards to the
sale of drinks by the glass at wine specialty shops -City of Smyrna
Mr. Taylor stated that on May 3, 2010, the Mayor and Council approved code amendments to the City
Alcoholic Beverage Ordinance to allow wine specialty shops to sell wine by the glass. Mr. Taylor stated
additional amendments were identified to clarify the type of license, the hours of operation, Sunday sales
and distance requirements from certain locations for the wine specialty shop add on license. Mr. Taylor
stated staff recommends approval of the proposed revisions.
MOTION: Council Member Newcomb made a motion to approve a code amendment to the City's
Alcoholic Beverage Ordinance with regards to the sale of drinks by the glass at wine specialty shops. The
motion was seconded by Council Member Smith. Motion was approved 5 - 0.
(C) Renewal of Suntrust Corporate Resolution and Certificate of Incumbency
Mr. Taylor stated the City updates this information annually to identify City officials responsible for the
use of this credit card. Mr. Taylor stated staff recommends approval of this renewal.
June 7, 2010
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MOTION: Council Member Smith made a motion to approve renewal of the Suntrust Corporate
Resolution and Certificate of Incumbency. The motion was seconded by Council Member McNabb.
Motion was approved 5 - 0.
(D) Approval of Resolution for extending the emergency 911 surcharge
Mr. Taylor stated that during May of 2001, the city council approved a resolution authorizing the City to
collect a $1.50 monthly fee from telephone subscribers within the City to offset the costs of providing 911
telephone service to residents. Mr. Taylor stated this resolution must be extended annually to continue the
surcharge, and that staff recommends approval.
MOTION: Council Member McNabb made a motion to approve the Resolution for extending the
emergency 911 surcharge. The motion was seconded by Council Member Smith. Motion was approved
5-0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of May 17, 2010 minutes
(B) Approval to purchase 911 phone system from AT&T and authorize the Mayor to execute a
service contract for the system
(C) Award RFP 10 015 Sanitary Sewer Rehabilitation using the CIPP process to Insituform
Technologies in the amount of $49,622.50 at $22.00 per LF and $230.00 per VF and authorize the
mayor to execute any associated documents
MOTION: Council Member Pritchett made a motion to approve the consent agenda. The motion was
seconded by Council Member Newcomb. Motion was approved 5 - 0.
COMMITTEE REPORTS:
Council Member Pritchett yielded the floor with no report.
Council Member Newcomb commended Mayor Pro Tem Lnenicka for his leadership in connection with
the Memorial Day ceremony in Smyrna.
Council Member Anulewicz commented on the difficulties of formulating a budget under present
conditions, expressed appreciation for the public comment received at this meeting.
Council Member McNabb yielded the floor with no report.
Council Member Smith provided information concerning the upcoming election, and stated that
exercising one's right to vote is a good way to honor those who have served this country.
June 7, 2010
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Mayor Pro Tem Lnenicka thanked the citizens for coming out on Memorial Day to recognize those who
have served this country. Mayor Pro Tem Lnenicka commended the staff for their adept handling of both
the event and the changes made necessary by the weather. Mayor Pro Tem Lnenicka stated staff did a
great job with the event and that many citizens have made similarly favorable comments. Mayor Pro Tem
Lnenicka stated it is important to honor the sacrifices of those who defend their country and never return
home, and that the City of Smyrna continues to faithfully pay its respects every year. Mayor Pro Tem
Lnenicka thanked the American Legion and the Veterans Memorial Association for co-sponsoring this
event with the City, as well as the City staff for their efforts and the citizens for their participation.
CITIZENS INPUT:
Mayor Pro Tem Lnenicka recognized Mr. Zack Berman, who commended Mr. Ron Davis for his
contributions to the Memorial Day ceremony.
CHARLES PETE WOOD, WARD
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:35 p.m.
~~~
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
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LLENY P C ET ,WARD 1 RON NEWCOMB, WARD 2
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ORDINANCE No. 2010-4
~••• AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC
BEVERAGES, CITY OF SMYRNA, GEORGIA, BE AMENDED TO
CLARIFY LICENSE TYPE, HOURS OF OPERATION, SUNDAY SALES
AND DISTANCE REQUIREMENTS FROM CERTAIN LOCATIONS FOR
THE WINE SPECIALTY SHOP ADD ON LICENSE. BE IT ORDAINED
BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Chapter 6, alcoholic beverages, City of Smyrna, Georgia, be
amended to read as follows:
Sec. 6-34. Types of licenses.
(3) Wine specialty shop (add on to package license only);
Sec. 6-61. Hours of operation.
(b) Package, wine and malt beverages with or without wine specialty shops add on. Licensees in
package wine and malt beverages with or without wine specialty shops add on shall not sell except
between the hours of 8:00 a.m. and 2:00 a.m., Monday through Friday (Saturday morning), and 8:00 a.m.
through 11:45 p.m. on Saturday.
Sec. 6-62. Sunday sales permit.
(a) In addition to the hours of operation specified in this chapter, licensees in pouring distilled spirits and
licensees in pouring wine and malt beverages, but not including wine specialty shops may sell and serve
on Sundays from 12:30 p.m. until 12:00 midnight, provided the licensee applies for and receives a Sunday
sales permit for such sales from the city. The licensee must also hold. a city alcoholic beverage pouring
license. The hours of operation may be extended for New Year's Eve when the holiday falls on Sunday to
allow licensees who also hold a Sunday sales permit to sell and serve alcoholic beverages until 2:55 a.m.
on Monday.
Sec. 6-118. Distance from certain locations.
(3) For a license for package wine and malt beverages with or without the wine specialty shop
add on, a suitable distance is 600 feet from a school, and 300 feet from a church, park, public
building, or library; provided that the distance from a church, park, public building, or library
shall be waived when the applicant is a grocery store.
(7) Within the area defined as Smyrna Central Downtown or within property zoned to a mixed
use zoning category, a license for package wine and malt beverages with or without the wine
specialty shop add on, a suitable distance shall be 300 feet from a church, and no distance
requirement from a residence, park, public building, or library.
ORDINANCE No. 2010-4
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 7th day of June, 2010.
Attest:
S an D. Hiott, City Clerk
City of Smyrna
Approved as to form:
-1 ~
S t C an, City Att rney
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A. Max Bacon, Mayor ~+
2
~,,, SunTrust VISA Corporate Card Maintenance Form
NAME OF COMPANY: City of Sm
TYPE OF REQUEST: _ New Account _ Delete Account
_ Change Existing Account # 4266 2745 0001 7258
ACCOUNT INFORMATION CHANGED:
Name Address Account Code
_ Monthly Credit Limit _ Single Transaction Limit
X Other Annual extension
CARDHOLDER INFORMATION:
Please complete only the appropriate spaces below to indicated change(s) needed.
Susan D. Hiott
First Name Middle Initial Last Name
Social Security Number Account Code Unit No.
770 3 19 5303
Home Phone Number Business Phone Number
Monthly Reconciliation Statement Address
P.O. Box 1226
Smyrna, GA 30081
City State Zip
LIMITS
Monthly Credit Limit Single Transaction Limit
ompany Program Manager' ignature Date
Resolution No. R2010-5
CORPORATE RESOLUTION AND CERTIFICATE OF INCUMBENCY
(Commercial Credit Card Account)
I, Susan D. Hiott, hereby certify that I am the City Clerk and custodian of the records of the City
of Smyrna, a corporation duly organized and existing under the laws of Georgia; that the
following is a true and correct copy of certain resolutions duly adopted by the Board of Directors
of said corporation at a meeting held on the 7`" day of June, 2010, at which a quorum was present;
and that the following resolutions are in conformity with the charter and by-laws of said
corporation and have not since been rescinded or modified.
RESOLVED, that this corporation enter into a commercial credit card account relationship with
SunTrust BankCard, N.A. ("Bank"); that any one of the officers of this corporation listed below
be and is hereby authorized to enter into, execute and deliver in the name of and on behalf of the
corporation the agreements, documents or other instruments deemed reasonable or necessary to
establish the commercial credit card account relationship with Bank; and that this corporation
shall be bound by the terms and conditions of said agreements, documents or other instruments.
RESOLVED FURTHER, that the corporation shall furnish to Bank a certified copy of these
resolutions, which resolutions shall continue in full force and effect until written notice of the
recision or modification of the same has been received by Bank, and to furnish said Bank the
names and specimen signatures of the officer(s) named herein, and such persons from time to
time holding the above positions.
L hereby certify that the following are the names and specimen signatures of the officer(s) listed
in the foregoing resolutions and that each presently holds the title indicated therein:
Name Title
A. Max Bacon Mayor
Wade S. Lnenicka Mayor Pro Tem
Charles "Pete" Wood Finance & Administration
Committee Chairperson
Eric J. Taylor City Administrator
Susan D. Hiott City Clerk
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said
corporation this 7"' day of June, 2010.
(Corporate Seal) City of Smyrna
(legal name of corporation)
By: l ~0.~%~"W
(print ame) Susan D. Hiott
Title: City Clerk
RESOLUTION No. R2010-6
EMERGENCY 911 TELEPHONE SERVICE
WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates
the dispatching of emergency services to the residents of Smyrna; and
WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of
$1.50 from telephone subscribers within the area served by such system; and
WHEREAS, the City of Smyrna has established a separate restricted revenue fund into
which the 911 charges are deposited; and
WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced
911 system; and
WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911
charge on telephone subscribers;
~^" NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by
resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers
served by the enhanced 911 system for the fiscal year.
Passed this 7th day of June, 2010.
G ~,.
m~1Y a~~ ~~ ~ ~T"E1V~
~~~A. Max Bacon, Mayor
ATTEST:
S san D. Hiott, City Clerk