04-04-2011 April 4, 2011Mayor and Council Meeting
April 4, 2011
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All Council Members were present. Also present were City Administrator Eric Taylor, City Attorney
Jeffrey Tucker, City Clerk Susan Hiott, Assistant City Administrator Tammi Saddler, Purchasing
Manager Penny Murphy, Community Development Director Ken Suddreth, Planner Rusty Martin, Fellow
Anatasia Muscovina, Director of Finance Robert Porche and representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. Presiding officer
Mayor Max Bacon called the meeting to order at 7:33 o'clock p.m.
Mayor Bacon recognized Pastor Paul Rainville of St. Thomas Catholic Church, who conducted the
invocation and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated there were none.
MAYOR'S REPORT:
Mayor Bacon stated that the Proclamation in Recognition of Alcohol Awareness Month would be
presented, asked that the recipient come forward and acknowledged Councilwoman Anulewicz, who read
the proclamation to all present.
Mayor Bacon made known that the Proclamation in Recognition of Global Youth Service Day would be
presented by Councilman McNabb and asked that the recipient, Mr. Leslie Walker, come forward to
receive the proclamation. Mayor Bacon invited Mr. Walker to share his background with all present and
Mr. Walker stated that, as the facilities manager of the South Cobb recreation center, he partners with the
Cobb Community Collaborative on Substance Abuse. He recognized that the City of Smyrna has
maintained a partnership with the same organization for the past 7 years and invited all present to attend
the global youth service day celebration on April 23, 2011 at the Cobb County civic center. Councilman
McNabb read the proclamation after which he presented it to Mr. Walker.
4. LAND ISSUES /ZONINGS /ANNEXATIONS:
(A) Public Hearing- Zoning Amendment Request Z11 -004 - Approval of amendment to zoning stipulation
#18 - 34.51 Acre Tract - Land Lot 176 of the 18th District - Oakdale Road south of Dickerson Road —
Ashton Atlanta Residential, LLC Tabled from March 21, 2011 meeting (PW)
Mayor Bacon inquired if a representative from Ashton Atlanta Residential was present and acknowledged
Mr. Eric Taylor, who provided background to all present. Mr. Taylor explained that the amendment
would not affect the current density or architectural style of the development but would allow the
developer to lower the base price of the remaining homes in that subdivision. Mr. Taylor stated that staff
had reviewed and recommended approval.
Mayor Bacon stated that this was a public hearing and asked for input. There was none.
Mayor Bacon then asked the representative from Ashton Residential to come forward and recognized Mr.
Ken Suddreth, who delivered a presentation detailing additional background of the development of the
property to all present. While he reviewed several of the building conditions already in place he stated that
the impact of the amendment would be on the base price of the available units in the subdivision.
April 4, 2011
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Council Member Lnenicka requested that the new base price be restated and Mr. Suddreth replied that the �*•
amount had been changed to $170,000.
Mayor Bacon asked that the representative from Ashton be sworn in after introducing himself to all
present. Mr. Mike Busher stated his name for the record and was duly sworn in by City Attorney Jeffrey
Tucker.
Councilman Wood thanked Mr. Busher for attending and asked that he provide information regarding the
details of his request. Mr. Busher explained to all present that Ashton Homes was attempting to sell the
remaining homes in the development amidst the price pressure of the current economy and experiencing
difficulty doing so in the current market. He stated that they sent out correspondence detailing the change
to residents, had held a meeting with the current homeowners, and discussed the turnout and response
from those efforts.
Councilman Wood inquired if Mr. Busher believed the proposed lower advertised price would make the
units more competitive and there was discussion about the sentiments of current residents towards the
request. Mr. Busher responded to a comment by Mayor Bacon that the actual sales price could exceed the
base price by emphasizing that Ashton Homes were not built to spec but rather based on buyer's
selections. Mayor Bacon cited another development by the same group where the average sales price was
substantially higher than the advertised base price and Mr. Busher concurred, restating that it was
challenging to be competitive in the current town home market.
MOTION: Council Member Wood made a motion to approve an amendment to zoning stipulation #18 -
34.51 Acre Tract - Land Lot 176 of the 18th District - Oakdale Road south of Dickerson Road - Ashton
Atlanta Residential, LLC. Motion was seconded by Council Member Smith and approved 7 -0.
Mr. Suddreth expressed his thanks to Ashton for their cooperation and integrity.
5. PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
6. FORMAL BUSINESS:
(A) Adoption of revised Purchasing Policy Manual (PW)
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background to all present. Mr. Taylor
stated that the purchasing staff had revised the purchasing manual to change best practices. Highlights
included a definition of terms, bond requirements, split -bid awards, electronic bids, reverse auctions, open
records requests and disposal of assets. He recognized the efforts of staff and stated that approval was
recommended.
Councilman Wood acknowledged Purchasing Manager Penny Murphy, who explained the rationale for
the policy updates and emphasized the importance of that document being accurate and current. Ms. •-*R
Murphy shared with all present the research performed in compiling the data to update the purchasing
policy and detailed the items being revised, added, updated or removed. There was also some discussion
about the city ordinance that had been revised to align with the changes made to the purchasing policy.
April 4, 2011
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Council Member McNabb commented on the accounting system upgrade being considered by the City
"No and asked that Ms. Murphy take the lead and ensure that the new purchasing policy be used throughout
that process.
MOTION: Council Member Wood made a motion to approve Adoption of revised Purchasing Policy
Manual. Motion seconded by Councilman Smith and approved 7 -0
(B) Adoption of Ordinance 2011 -2 revising City of Smyrna Code of Ordinances Chapter 2, Article V
Contracts (PW)
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background to all present, stating that the
ordinance was being revised to remove sources of conflict with the new purchasing policy, listing the
affected sections and stating that staff had reviewed and recommended approval.
MOTION: Council Member Wood made a motion to approve the Ordinance 2011 -2 revising City of
Smyrna Code of Ordinances Chapter 2, Article V Contracts. Motion seconded by Council Member Smith
and approved 7 -0.
(C) Appointment of Economic Incentive Advisory Committee Members
Mayor Bacon acknowledged Mr. Eric Taylor, who provided the background on the nominating
distribution of appointments to the Economic Incentive Advisory Committee, for a 2 year term to expire
April 2013, and listing each member selected as follows: Mayor (Alex Hill /Humphries & Company),
Ward 1 (Leonardo Smith/V.P. of Vinings Point HOA), Ward 2 (Todd Patrick/Center State Bank), Ward 3
(Renee Rowe /Owner - The Wine Cellars), Ward 4 (Kenny Burts /Owner - Kenny's Great Pies), Ward 5
(Jay Wallace /Owner - Adventure Outdoors, Ward 6 (Steve Morini), Ward 7 (Michael First/Graphcom
Inc)., Cobb Chamber (Brooks Mathis), SBA (Buddy Purvine /Remax), DDA (Sean Murphy /B +C Studio),
P &Z (Joel Powell).
MOTION: Council Member Wood made a motion to approve the officers as presented. Motion seconded
by Council Member McNabb and approved 7 -0.
(D) Reappointment of Downtown Development Authority Members
Mayor Bacon acknowledged Mr. Eric Taylor, who read aloud the names of the members to be
reappointed to the DDA as Max Bacon, Kevin Drawe, Sean Murphy, Kimberly Gangemi, Jim Pitts, Eric
Cash, Doug Stoner and Larry Freeman.
MOTION: Council Member Wood made a motion to approve the nominees. Motion was seconded by
Council Member Pritchett and approved 7 -0.
Mayor Bacon commented on the recent increased activity of the DDA on issues that had a positive impact
on the community, expressed his appreciation of their commitment and mentioned the lack of financial
compensation for their time.
(E) Approval of hiring of Finance Director (PW)
Mayor Bacon acknowledged Mr. Eric Taylor, who stated his recommendation to move forward with the
hiring of Robert Porche as the City's next Director of Finance, effective April 18, 2011. Mr. Taylor
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April 4, 2011
elaborated that Mr. Porche had come highly recommended, with more than 20 years experience in
managing government accounting and related some of his work experience. """"
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MOTION: Council Member Wood made a motion to approve Mr. Robert J. Porche as Director of Finance
for the City of Smyrna. Motion was seconded by Council Member Smith and approved 7 -0.
Mayor Bacon invited Mr. Taylor to introduce the new Director of Finance to all present. Mr. Taylor
congratulated Mr. Porche, who extended his appreciation to the Mayor and Council and stated his
commitment to the City.
Mayor Bacon introduced Anatasia Muscovina, who had been brought to the City's attention by
Councilwoman Anulewicz and would be spending four weeks working with the City as a participant in
the legislative fellows program, a joint effort between the U.S. State Department and the American
Council for International Education. Mr. Taylor summarized her background and Mayor Bacon expressed
his pleasure at her involvement in this opportunity, inquiring about her activities and observations so far.
Mayor Bacon recognized Councilman McNabb, who welcomed Ms. Muskovina.
COMMERCIAL BUILDING PERMITS:
Mayor Bacon stated that there were none.
CONSENT AGENDA:
Mayor Bacon acknowledged Mr. Eric Taylor, who read the consent agenda.
(A) Approval of March 21, 2011 Mayor and Council Meeting Minutes
(B) Approval to use Council Chambers on April 19, 2011 from 7:00 pm - 9:00 pm for a Williams Park
Neighborhood Quarterly General Assembly
MOTION: Council Member Lnenicka made a motion to approve the Consent Agenda. Motion seconded
by Council Member Wood and approved 7 -0.
COMMITTEE REPORTS:
Mayor Bacon acknowledged Councilwoman Pritchett, who reminded all in wards 1, 2 and 6 about the
closure activity on the Campbell Bridge project and the manner in which notifications would be sent as
well as signage expected. She highlighted the upgrades and improvements that would be part of the
finished project.
Mayor Bacon recognized Councilman Newcomb, who yielded the floor with no report.
Mayor Bacon acknowledged Councilwoman Anulewicz, who displayed to all present the new City of
Smyrna events flyers that were available for distribution. She announced the upcoming events for the
month of April including the Jonquil Festival, Jonquil Jog and Arthur Bacon Golf Tournament, stating the
dates and referring everyone to the website for further details. She then mentioned her appointment to the
Economic Development Incentive Committee, Renee Rowe of The Wine Cellars, praising her dedication
to the business community.
April 4, 2011
Mayor Bacon recognized Councilman McNabb, who yielded the floor with no report.
Mayor Bacon acknowledged Councilman Smith, who announced that the events flyer would also be
provided with the April water bill as well as being made available in the community center, city hall and
other locations throughout the City.
Mayor Bacon recognized Councilman Lnenicka, who commented on the recent meeting with the residents
of the Vinings Forest community and announced the upcoming town hall with Commissioner Ott. He also
discussed the median on Atlanta Rd. that had been approved as part of the previous SPLOST and
informed all present that plans to proceed with that were being realized. Councilman Lnenicka stated that
the city engineer recommended the scheduling of a public hearing to be held April 26, 2011. He
elaborated that once finalized, citizens would be notified of the meeting date and time and outlined the
manner in which that information would be communicated. Council Member Lnenicka explained that he
understood the typical concerns surrounding installation of medians and would work to ensure that the
questions and concerns of the community would be addressed. He mentioned the handling of similar
developments in the past and how citizen input was a valuable resource for maximizing the aesthetics and
functionality of improvement projects in the City, encouraging all to attend. He then welcomed the
Finance Director and Fellow.
Mayor Bacon acknowledged Councilman Wood who yielded the floor with no further report.
With no further reports, siding Officer Mayor Bacon announced the meeting adjourned at 8:17 o'clock
p.m.
A. MAX BACON, MAYOR SUS A D. HIOTT, CITY CLERK
TERI ANULEWICZ, WARD 3
N /\),J J
RON NEWCOMB, WARD 2
MICHAEL MCNABB, W 4
CHARLES PETE WOOD, WARD 7
E S. LNENICKA, WARD 6
2011 -02
ORDINANCE NO. 2011-02
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,
GEORGIA, CHAPTER 2, ARTICLE V, CONTRACTS SECTIONS 2 -181 PURCHASING
PROCEDURE, SEC. 2 -182 BID REQUIREMENTS, SEC. 2 -183 CONTRACT
PERFORMANCE BOND AND SECTION 2 -184 SALE OF SURPLUS PROPERTY
ORDINANCE BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 2 -181 Purchasing Procedure of the Code of Ordinances, of the City of Smyrna,
Chapter 2, Article V, Contracts be removed in its entirety and amended to read as follows:
(Sec. 2 -181) Purchasing procedure
(a) Administrative policies and procedures detailing control of city purchases will be
published separately. At a minimum, this Purchasing Policy will contain specific
departmental purchasing authorities and methods based on dollar limitations. Policy
implementation or change must be approved by the mayor and council. Such approval,
with dated policies and procedures, will be made a matter of record and maintained in the
city clerk's office.
(b) All requests for proposals /requests for bids will be submitted through the finance
department's purchasing division and controlled as determined by the city administrator.
All purchases above an established monetary amount are subject to competitive bidding
procedures. Copies of such proposals /requests for bids will be made available to the mayor
and council upon request.
(c) All city employees are limited by the established policies and procedures. Employees
violating them can be held personally and pecuniarily liable for their actions.
(d) Exempt from the Purchasing procedure are purchases from
i. a verified single source supplier; or,
ii. via aggregate contracts competitively bid by cooperative organizations;
iii. or, for items maintained on contract by the Georgia Department of
Administrative Services (DOAS) or Georgia Technology Authority (GTA); or
other government agency, as permitted by state statute.
(e) The City of Smyrna supports the use of local Suppliers when practical and cost effective. In
the event of a tie in bid submissions pricing, and with all other factors equal, the local Supplier will
receive the award.
That Section 2 -182 Bid Requirements of the Code of Ordinances, of the City of Smyrna, Chapter
2, Article V, Contracts be removed in its entirety and amended to read as follows:
(Sec. 2 -182) Bid requirements
(a) Requests for sealed bids originated by the city shall be in writing with all
specifications and requirements clearly stated. The operating department must gain
approval from the City Administrator prior to the issuance of any request for
proposal /request for bid.
2011 -02
(b) Under special circumstances, emergency purchases may be made by authorized
"'" personnel of an operating department with full documentation. Competitive sources of
supply shall be used when practical and time permits. An emergency is defined as any
unforeseen event or circumstance that threatens or results in a negative impact on public health,
welfare and /or safety or results in the loss or potential loss of an essential service. Repair of certain
City vehicles, used for public safety, sanitation, and specialized services, may be considered as
"emergency" with proper documentation of the nature of the repair and the Supplier selection for
the work.
That Section 2 -183 Contract performance bond of the Code of Ordinances, of the City of Smyrna,
Chapter 2, Article V, Contracts be removed in its entirety and amended to read as follows:
(Sec. 2 -183) Contract performance bond
A performance bond shall be required on all work awarded and contracts in excess of
$20,000.00 entered into by the city.
That Section 2 -184 Sale of surplus property of the Code of Ordinances, of the City of Smyrna,
Chapter 2, Article V, Contracts be removed in its entirety and amended to read as follows:
(Sec. 2 -184) Sale of surplus property
a) Capital assets valued at $5,000 or greater can be designated surplus and disposed or
or sold at auction only upon approval by the City Administrator. Scrap, Surplus and
Salvage Assets, valued below $5,000, are non - capital assets and may be disposed of by
Department heads following notification to the Finance Department. Disposal of these
items does not require the approval of the City Administrator.
b) The finance department or its designee(s) has authority to receive bids and cash
offers, including use of web -based government auction sites, for the sale of any
city -owned surplus equipment and complete such transactions.
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 4th day of April, 2011
st:
Su an D. Hiott, City Clerk A. Max Bacon, Mayor
City of Smyrna
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