09-07-2010 September 7, 2010September 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 A. Max Bacon at 7:30 o'clock p.m. All council members were
present except Council Member Wood. Also present were City Administrator Eric Taylor, City Clerk
Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler and
representatives of the press.
Invocation was given by Pastor Shell Osbon from Smyrna Assembly of God, followed by the pledge to
the flag.
Mayor Bacon stated Council Member Wood is not present this evening because of a death in the family.
Mayor Bacon recognized Ms. Holli Cash, who provided details to those present concerning improvements
at Campbell High School and expressed appreciation to the present officials for their support.
Mayor Bacon recognized Ms. Marsha Lake, who provided details to those present concerning her
candidacy for State Court judge.
AGENDA CHANGES:
There were none.
MAYOR' S REPORT:
(A) Presentation of Character Education Word with King Springs Elementary School
Mayor Bacon recognized Ms. Linda Keeney and students from King Springs Elementary School, and the
students presented the monthly character education word.
(B) Proclamation in Recognition of Childhood Cancer Awareness Month
Council Member McNabb recognized Ms. Betty Turley, and read a Proclamation in Recognition of
Childhood Cancer Awareness Month to those present. Ms. Turley thanked the present officials for their
support.
LAND ISSUES/ZONINGS/ANNEXATIONS:
There were none.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
~ (A) Appointment of Ward 2 Representative to Keep Smyrna Beautiful
September 7. 2010
MOTION: Council Member Newcomb made a motion to approve appointment of Melanie Hansel as
Ward 2 representative to Keep Smyrna Beautiful. The motion was seconded by Council Member
Pritchett. Motion was approved 6 - 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of August 16, 2010 minutes
(B) Approval of September 1, 2010 special called meeting minutes
(C) Adoption of a resolution R2010-7 consenting to an indirect transfer of control related to a
telecommunications franchise agreement from American Fiber Systems Inc to Zayo Group, LLC
(D) Request for Council to approve acceptance of Federal Grant EMW-2009-FC-000794R for the
construction of fire station 5, in the amount of $1,769,004
(E) Approval of 2010 Byrne/JAG Block Grant in the amount of $32,828 to fund traffic safety
equipment and authorize the Mayor to execute any related documents
(F) Approval of FY 2010 budget amendment for the General Fund, the Special Revenue Funds of
E911, Hotel Motel, SPLOST, MCS, and the Utility Fund
(G) Approval of 2nd annual Race to See SK and 1K walk on Saturday, October 23, 2010, 7:00 a.m. to
9:30 a.m., for Vision Rehabilitation Services of Georgia and road closure at Sanford Place (Cobb
Park), and throughout route along Powder Springs across Hamby and down King Street to
Church Street back to Cobb Park
(H) Approval for CHS Spartan Sprint SK on Saturday, October 9, 2010, 7:30 a.m. - 9:00 a.m.,
beginning at Campbell High School back parking lot with road closings along Ward Street,
Powder Springs Street and Stonecreek Road back to Ward Street -Campbell High School
(I) Approval of Bid Award-RFQ 11-001 for Chuck Camp Park Field work to low bidder Vision
South Utility Construction at $39,270
(J) Approval of the 2010 Blue Cross/Blue Shield Administrative Services and Stop Loss Agreements
and for Mayor to sign and execute related documents
(K) Approval of Lincoln Live Series to be hosted in the Market Village Thursdays September 16, 23,
30 and October 7, 2010 from 7 p.m. - 10 p.m.
(L) Ratification of Reimbursement Paid to the City of Forest Park in the amount of $10,000 for
expenses related to the training of Officer David Elrod
Member 7. 2010
3
(M) Approval of Agreement between Dobbins Air Reserve Base and City of Smyrna Fire Department
for Mutual Aid in Fire Protection and Hazardous Materials Incident Response, a revision to
reflect change of Commander at Dobbins Air Reserve Base, and Mayor to sign and execute
document
(N) Approval of No Parking signs to be placed along Park Road from Spring Road entrance to Falling
Waters Subdivision
(O) Approval of Croy Engineering as an Independent Reviewer of requisitions related to the Belmont
TAD Project, subject to approval by the County Manager of Cobb County
MOTION: Council Member Pritchett made a motion to approve the consent agenda. The motion was
seconded by Council Member McNabb. Motion was approved 6 - 0.
COMMITTEE REPORTS:
Council Member Lnenicka expressed condolences to the families of Council Member Wood and Bob
Sutton from Croy Engineering.
Council Member Smith expressed condolences to the families of Council Member Wood and Charlene
Hyde.
Council Member McNabb expressed condolences to the family of Council Member Wood.
Council Member Anulewicz expressed condolences to the family of Council Member Wood. Council
Member Anulewicz provided details to those present regarding her participation in the Campbell High
School Foundation and the Belmont Hills Truancy Intervention Panel.
Council Member Newcomb expressed condolences to the family of Council Member Wood.
Council Member Pritchett expressed condolences to the family of Council Member Wood.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who expressed concerns
about some City police officers who are experiencing medical problems. Mr. Backry expressed the view
that more of an effort could could be made to raise awareness of their difficulties.
Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Drive, and Ms. Using provided
details about local businesses who are willing to help the officers with medical problems. Ms. Using
expressed concerns about former City police officer Curtis Cook during his illness. Ms. Using asked for
assistance from the City to help publicize this matter. Ms. Using expressed concerns about a sign
posted at The Crossings shopping center.
~""" With no further business, the meeting was adjourned at 8:00 p.m.
September 7, 2010
.~~
A. MAX BACON, MAYOR SUSIAN D. HIOTT, CITY CLERK
RON NEWCOMB, WARD 2
RI ANULEWICZ, W 3
CHARLES PETE WOOD, WARD 7
Resolution 82010-7
A Resolution of the City of Smyrna Consenting To An Indirect Transfer of Control related to a Certain
Telecommunications Franchise Agreement from American Fiber Systems, Inc. to Zayo Group, LLC ("Zayo").
WHEREAS, on April 18, 2005, the City of Smyrna ("City") granted to American Fiber Systems of
Georgia, Inc. ("Grantee") a Telecommunications Franchise, to occupy and use the streets within the corporate limits
of the City to provide services through a telecommunications system (the "Franchise"); and
WHEREAS, on December 16, 2008 the City consented to and approved the transfer of the Franchise to
American Fiber Systems, Ina ("AFS") pursuant to the requirements of Article VIII of the Franchise; and
WHEREAS, Grantee and AFS were affiliated companies, both wholly-owned by America Fiber Systems
Holding Corp. As a result of a corporate restructuring, Grantee and AFS have been merged with AFS being the
surviving entity; and
WHEREAS, AFS is a wholly-owned subsidiary of American Fiber Systems Holding Corp. (AFSHC); and
WHEREAS, AFS and the Zayo have notified the City of the indirect transfer of control of AFS to Zayo in
a transaction where AFSHC will become a direct subsidiary and AFS will become an indirect subsidiary of Zayo.
NOW THEREFORE, BE IT RESOLVED that the City of Smyrna hereby consents to and approves of
this indirect transfer of control of the Franchise from AFS to Zayo as described herein, which consent shall become
effective immediately; and be it
Further Resolved, that the City's consent to the Transfer granted under this Resolution does not and shall not be
construed to constitute a waiver of any other obligations or rights of the Grantee under the Franchise.
IN WITNESS WHEREOF, the City of Smyrna, by the Mayor, thereunto duly authorized by the
appropriate governing body of said City, has caused the corporate name of said City to be hereunto signed and the
corporate seal of said City to be hereunto affixed as of the 7th day of September, 2010.
CITY OF S/MORN ~,,/~
By: w,,:-f ~ fU`
The Honorable Max Bacon, Mayor
ATTEST:
S san Hiott, City Clerk