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11-15-2010 November 15, 2010Mayor and Council Meeting November IS. 2010 All council members were present. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, Deputy Clerk Samantha Kasraie, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library Director Michael Seigler, Community Development Director Ken Suddreth, Police Chief Stan Hook, Community Relations Director Jennifer Bennett, Parks and Recreation Assistant Director Tanya Jackson, Finance Director David Boyd, Controller Kim Guhman, Human Resources Director Kay Bolick, City Engineer Keith Williams, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Keep Smyrna Beautiful Director Ann Kirk, Assistant City Administrator Tammi Saddler, and representatives of the press. The regular scheduled meeting of Mayor and Council was held at Srxiyrna City Hall. The meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. Invocation was given by Associate Pastor Barbara Hatchell of Smyrna First United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated there were no agenda changes. MAYOR'S REPORT• Mayor Bacon mentioned recent vehicular incidents involving McEntyre's Bakery, Caldwell Banker and Ken's Corner Grill. A) Presentation of June 30, 2010 Financial Audit . Mayor Bacon recognized Mr. Boyd, who provided background information regarding the audit process and acknowledged the efforts of Controller Kim Guhman and staff. Mr. Boyd introduced Mr. Donald L McGrath Jr., Senior Partner at Moore and Cubbedge LLP, to the present officials and Mr. McGrath provided details regarding the fiscal year 2010 certified audit. The strong performance and increase in equity of the general fund was highlighted and good control over expenditures was cited as a significant contributing factor. Mr. McGrath relayed that the audit showed the City's operating reserve funds to be strong with nearly double the amount recommended by the Government Finance Officers Association. The Water and Sewer fund also had a strong year with expenditures well controlled and an increase in fund equity. Mr. McGrath stated that the audit provided a clean, unqualified opinion on the financial statements of the City of Smyrna and that it was a good, strong year overall. Mayor Bacon mentioned an increase in the City's bond rating to AA+, November 15, 2010 MOTION: Council Member Wood made a motion to approve the 2010 Independent Auditor's Report. The motion was seconded by Council member McNabb. Motion was approved 7-0. Mayor Bacon recognized Ms. Angela Brown, who provided details to those present regarding her candidacy for Cobb County State Court Judge in the Cobb County run-off elections to be held on November 30, 2010. B) Recognition of Campbell High School Students working at the Campbell Cares Day on Saturday, October 30, 2010. 2 Mayor Bacon recognized Steve Ciaccio, Scott Stokes, Michael Siegler, Ann Kirk and two students from Campbell High School, who provided details to those present regarding the numerous community service projects performed by students as part of the Campbell Cares program. LAND ISSUES/ZONINGS/ANNEXATIONS: Mayor Bacon stated that there were none. PRIVILEGE LICENSES: (A)Public Hearing-new owner applicant-retail package sales of beer and wine- Racetrac Petroleum, Inc dba Racetrac #140-Rachel Pearson-1461 Veterans Memorial Hwy-(PW)Tabled from November 1 meeting Mr. Taylor stated the applicant has been furnished with a copy of the City's alcoholic beverage sales regulations and has completed the required responsible alcoholic beverage sales and service course. Mr. Taylor stated that inquiry by the City police department disclosed no information which would preclude issuance of the license, and that staff recommends approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood inquired into Ms. Pearson's experience as an agent in this capacity. He confirmed her familiarity with City ordinances, compliance checks and training requirements. Council Member Pritchett expressed concern regarding the need for updated training. Council Member Lneincka inquired into the planned opening date of the store. MOTION: Council Member Wood made a motion to approve the privilege license request for retail package sales of beer and wine at Racetrac Petroleum, Inc dba Racetrac # 1401ocated at 1461 Veterans Memorial Hwy for Rachel Pearson as agent of record. The November 15.2010 motion was seconded by Council Member Newcomb. Motion approved 6-1 with Council Member Pritchett opposed. FORMAL BUSINESS: (A) Authorization for Mayor to approve and sign the Special Local Option Sales Tax (SPLOST) Intergovernmental Agreement Mr. Taylor stated that the SPLOST renewal will go before voters in March 201 1. He announced that the agreement had been reviewed by the City Attorney and that Staff recommended approval. Mayor Bacon recognized Keith Williams, who presented the status of current SPLOST projects as well as the City's future SPLOST development plans. Mr. Williams provided a proposed budget and status updates for the Streetscapes, multi-use trail and median on Atlanta Rd., the Campbell Rd. bridge replacement and the pedestrian bridge and trail on Spring Rd. Mr. Williams stated that future SPLOST developments will ir~~olvc Transportation, Parks and Recreation, Public Safety and Keep Smyrna Beautiful. He highlighted plans for Concord Rd., Windy Hill Blvd., the Belmont Hills Connector Rd., Ward St. improvements and Village Pkwy., as well as general maintenance to take place throughout the period of the SPLOST. Council Member McNabb inquired if, in Mr. William's opinion, tho allotted budget would be sufficient to complete the Concord Rd. improvement as originally planned and asked how long it would take to conclude the project. Mr. Williams expressed that he was `confident the project would be delivered on budget with an estimated development "timeframe of eight to twelve months. Council Member McNabb asked if the County would be matching funds for this project out of their SPLOST budget. Mr. Williams assured council that such a commitment existed. Council Member McNabb then confirmed the scope and boundaries of the project. Mayor Bacon stated that the City had an agreement on proposed projects should SPLOST be approved. MOTION: Council Member Ward moved that the Mayor be authorized to approve and sign Special Local Option Sales Tax (SPLOST) Intergovernmental Agreement between Cobb County and the City of Smyrna. Motion was seconded by Council Member Smith and approved 7-0. (B) Approval to set Public Information Meeting regarding Hickory Lakes Apartments for December 2, 2010 at 7:00 o'clock p.m. at the Smyrna Community Center in the large gym November I5, 2010 4 Mr. Taylor stated that this meeting had been scheduled originally to occur on October 27, 2010 but postponed due to issues that have now been resolved and recommended setting the meeting. Mayor Bacon asked that Council Member Smith take necessary action to set the meeting. MOTION: Council Member Smith moved to approve scheduling the Public Information Meeting regarding Hickory Lalces Apartments for December 2, 2010 at 7:00 o'clock p.m. at the Smyrna Community Center in the large gym. Motion seconded by Council Member McNabb and approved 7-0. COMMERCIAL BUILDING PERMITS: Mayor Bacon stated that there were none. CONSENT AGENDA: Mr. Taylor read the consent agenda items to those present. (A) Approval of November 1, 2010 Minutes (B) Approval to use Council Chambers December 9, 2010 from 7:00 - 8:00 p.m. for The Heights at Smyrna HOA meeting (C) Bid Award RFQ 1 I-002 Bates Street Drainage Improvement Project to the lowest bidder D & H Construction Company in the amount $60,740.00 and authorize the Mayor to execute any associated documents. (D) Approval of CSX Construction Agreement for Spring Road Pedestrian Bridge project and Mayor to sign and execute documents MOTION: Council Member Wood moved to approve the consent agenda. Motion was seconded by Council Member Pritchett and approved 7-0. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka recognized Police Chief Stan Hook, who announced that Tony Leonard will take the place of Jerry Waldrop as the head of the Criminal Investigation Division. Chief Hook commented on the three accidents involving vehicles crashing into buildings and presented crime and jail statistics. There were no questions for Chief Hook. Council Member Lnenicka acknowledged the success of the Veteran's Day celebration at Brinkley Park with nearly 500 in attendance plus 93 children from'the Belmont Hills November 15, 2010 Elementary School chorus. He thanked the Smyrna Veteran's Committee and acknowledged the efforts of Parks and Recreation Director Steve Ciaccio. Council Member Lnenicka expressed his gratitude to the community`for supporting the Auction for Heroes held on November 14, 2010. Council Member Smith recognized Communications Director Jennifer Bennett, who introduced Chad Koenig of Smyrna's Education Foundation. Mr. Koenig thanked the Council for their support of the Foundation's efforts and relayed the current status of the organization. He conveyed his appreciation to Atkin's Park for hosting an event between the Foundation members and Smyrna Principals. Council Member Newcomb expressed gratitude to the Foundation for their pursuit and Mayor Bacon acknowledged the efforts of Mr. Koenig. Ms. Bennett announced her position on the Board of Directors for the Cobb County Convention and Visitor's Bureau and was congratulatted by Mayor Bacon. Council Member Anulewicz requested that Ms. Bennett confirm the dates for the upcoming Home for the Holidays. Council Member Smith recognized Parks and Recreation Director Steve Ciaccio, who communicated the details of the Home for the Holidays and tree lighting event taking place on November 30, 2010 between 5:00 and 9:00 o'clock•p.m. Mr. Ciaccio called on Parks and Recreation Assistant Director Tanya Jackson, who presented an award to Mr. Les Mastin, State Volunteer of the Year recipient for the population category 30,000- 80,000. Mr. Mastin's wife and children were also recognized. Council Member Smith called on Library Director Michael Seigler, who introduced and commended intern Sarah Henderson. Mr. Seigler mentioned current and upcoming library exhibits and promotions. Council Member McNabb recognized Director of Public Works Scott Stokes, who presented holiday sanitation schedule and status of landscaping and drainage projects. Council Member McNabb recognized Director of Keep Smyrna Beautiful Ann Kirk, who congratulated Mr. Mastin and commended Campbell Cares project. Ms. Kirk reported on Smyrna's recycling day event and saluted the volunteer efforts of Campbell High School students and AT & T employees. Ms. Kirk also acknowledged the'6th annual IBM volunteer event and the participation in various projects around the city of over 120 of their employees. Council Member McNabb thanked Milton Lane, Jason Lanyon, Roy Acree and fellow fireman who participated in "Read with a Hero" night at Imagine International Academy of Smyrna. He expressed his position that the involvement between the communities and the schools is a growing and important relationship with a positive impact on the quality of education in the City. Council Member Anulewicz recognized the Campbell Cares Project and Atkins Park. She encouraged all present to attend the Hickory Lalces informational Meeting and Home for the Holidays celebration. November 15, 2010 Council Member Newcomb recognized Ken Suddreth, who presented the building statistics for the City. An uptick in development around the City was noted. Council Member Pritchett recognized City Clerk Susan Hiott, who introduced the City's new Deputy Clerk Samantha Kasraie. Ms. Hiott presented the Court Services report. Council Member Pritchett informed all present that, effective Decdmber 1, 2010, telemarketers can be prevented from calling cell-phones and home,phones that are registered on www.nocalllist.gov and provided details. 6 Council Member Pritchett clarified her NO vote on the Public Hearing for new owner applicant-retail package sales of beer and wine-Racetrac Petroleum, Inc dba Racetrac #140-Rachel Pearson-1461 Veterans Memorial Hwy., restating her concern that the 2008 training the agent completed might need to be updated. Mr. Taylor commented that the ordinance had been reviewed, that the certificate had no expiration date and agreed to verify, per Council Member Pritchett's request, if any additional training was necessary. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN 1NPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry stated his intent to run for Mayor, inviting all candidates to a televised debate on Charter Communications with Russ Cavat moderating. Mr. Backry expressed his desire to have a question and answer session as part of the December 2, ZO10 informational meeting regarding the purchase of Hickory Lakes apartments, his concern regarding lost tax revenue to the City, and complimented the Council on organizing the meeting. He commented that as a result of a recent liquor violation at a QuikTrip, other locations are now citing City policy as the reason for what Mr. Backry considers excessively stringent ID checks for the purchase of tobacco as well as liquor. Mayor BaGOn clarified that QuikTrip does not sell liquor. With no further business, the meeting was adjourned at 8:44 o'clock p.m. November 15, 2010 A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK MEL Y P NETT, WARD 1 RON NEWCOMB, WARD 2 ' ~ e a~~ ICHAEL MCNABB, A 4 ~~ ,. ~ . -----~ WADE S. LNENICKA, WARD 6 ~~ ~~ CHARLES PETE WOOD, WARD 7 TERI ANULEWICZ WARD 3