06-06-2011 June 6, 2011June 6, 2011
Mayor and Council Meeting
June 6, 2011
All council members were present. Also present were City Administrator Eric Taylor, City Clerk Susan
Hiott, City Attorney Scott Cochran, Community Relations Director Jennifer Bennett, Finance Director
Robert Porche, Budget Manager Monica Jones, Community Development Director Ken Suddreth and
representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called
to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m.
Mayor Bacon recognized Reverend Steve Davis of Sharon Baptist Church, who conducted the invocation
and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated the only changes to the Agenda
until July 5, 2011.
MAYOR'S REPORT
were that items 4(A), 4(B), and 4(C) would be tabled
Mayor Bacon asked that Councilman McNabb address the questions and concerns regarding soliciting in
City neighborhoods that had been raised at a recent HOA meeting they attended. Councilman McNabb
shared with all present that a solicitor's license (permit) is required in the City of Smyrna. He commented
that the First Amendment does not provide the authority to limit the kinds of products and /or services that
businesses sell, but does afford the right to a municipality to ensure that people knocking on doors work for a
legitimate company and do not have a criminal background. He recommended to all present that in the event
a resident's home was approached by a solicitor, the first action should be to ask them to provide their photo
identification and City of Smyrna solicitor license. Councilman McNabb elaborated that a Cobb County
solicitor license does not cover the City of Smyrna and that if a sales person could not present a City of
Smyrna license (permit) then they were illegally soliciting door to door. He reiterated that the City would
not make a determination about the appropriateness of a service but would verify the legitimacy of a
company and encouraged all to call the police in the event that unlicensed solicitors approached their homes.
LAND ISSUES /ZONINGS /ANNEXATIONS
Mayor Bacon stated that all three of these items would be tabled. He asked Mr. Eric Taylor to read
altogether the backgrounds and stated that a vote would be taken separately on each item.
(A) Public Hearing (no vote at this time) - Rezoning Request Z10 -013 From RM -12 (Cobb County)
to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and Davie Circle -
Regency Square Apartments, LLC and Virginia C. West, LLC (RN) Tabled from October 18, 2010 - Tabled
from February 7, 2011, Tabled from February 21, 2011 and March 7, 2011 -Tabled from April 18,
2011 and May 16, 2011 meeting - To be tabled to July 5, 2011 meeting.
MOTION: Councilman Newcomb moved to table Rezoning Request Z10 -013 - From RM -12 (Cobb
County) to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and Davie Circle -
IN Regency Square Apartments, LLC and Virginia C. West, LLC to July 5, 2011. Motion was seconded by
Councilwoman Pritchett and approved 7 -0.
June 6, 2011 2
(B) Annexation request (100% of owners requesting annexation) - Land Lot 663, Parcels 3 and 4 - 17th
District, 2nd Section, Cobb County - 20.587 acre tract - Roswell Street (Regency Square Apartments) (RN)
Tabled from October 18, 2010 Meeting - Tabled from February 7, 2011 - Tabled from February 21, 2011
and March 7, 2011 - Tabled from April 18, 2011 and May 16, 2011 meeting - To be tabled to July 5, 2011
meeting.
MOTION: Councilman Newcomb moved to table Annexation request (100% of owners requesting
annexation) - Land Lot 663, Parcels 3 and 4 - 17th District, 2nd Section, Cobb County - 20.587 acre tract -
Roswell Street (Regency Square Apartments) to July 5, 2011. Motion was seconded by Councilwoman
Pritchett and approved 7 -0.
(C) Rezoning Request Z10 -013 - From RM -12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre
tract - Land lot 663 - Roswell Street and Davie Circle - Regency Square Apartments, LLC and Virginia C.
West, LLC (RN). Tabled from October 18,2010 Meeting - Tabled from February 7, 2011 - Tabled from
February 21, 2011 and March 7, 2011 -Tabled from April 18, 2011 and May 16, 2011 meeting -To be
tabled to July 5, 2011 meeting.
MOTION: Councilman Newcomb moved to table rezoning Request Z10 -013 - From RM -12 (Cobb County)
to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and Davie Circle -
Regency Square Apartments, LLC and Virginia C. West, LLC to July 5, 2011. Motion was seconded by
Councilwoman Pritchett and approved 7 -0.
PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
FORMAL BUSINESS:
(A) Public Hearing - Proposed Budget for FY 2012 (PW)
Mr. Eric Taylor provided the background of the FY 2012 budget. He explained that state law requires a
public hearing be conducted prior to adopting the new budget. Mayor Bacon recognized Budget Manager
Monica Jones, who presented a summary of the proposed FY2012 budget.
Highlights of proposed budget FY 2012 were noted by Ms. Jones. The budget was broken into two distinct
categories: Operating Budget and Capital Improvement Program (CIP); General Fund was $37,979,799 —
54% of budget; Special Revenue was $14,884,907 — 21% of budget; and Water -Sewer was $18,071,187 —
25% of budget. The total proposed budget was $70,935,893. The total amended budget FY 2011 was
$66,958,424. The millage rate has remained constant at 8.99 since 2007. Ms. Jones reviewed the major
changes that have occurred in the General Fund, Capital Improvement Program, Special Revenue Funds and
Utility (Water) Fund. (Attached is the PowerPoint presentation.)
Mayor Bacon stated this was a public hearing and asked if there was any public comment. There was none.
He noted the proposed budget would be adopted at the June 20, 2011 meeting.
(B) Approval of Resolution R2011 -3 extending the emergency 911 surcharge (PW)
Mayor Bacon recognized Mr. Eric Taylor, who stated that in May 2001, Council approved a resolution a
authorizing the City to collect a monthly fee of $1.50 from telephone subscribers in the City to help offset the
911 service costs. Mr. Taylor stated that this fee had to be readopted every year and that staff recommended
approval.
June 6, 2011 3
MOTION: Councilman Wood moved to approve Resolution R2011 -3 extending the emergency 911
surcharge. Motion was seconded by Councilwoman Pritchett and approved 7 -0.
(C) Public Hearing - Charter Amendment - Ordinance 2011 -07 - Amending Section 6 Election days.
Mayor Bacon recognized Mr. Eric Taylor, who stated that the public hearing pertained to an amendment
to the City Charter, specifically to amend the Charter to conform to state law (O.C.G.A. 21 -2 -9) making
Election Day officially the first Tuesday after the first Monday in November.
Mayor Bacon stated that this was a public hearing and asked for public comment. There was none.
(D) Approval of Ordinance 2011 -13, Amending Section 22 -40, Insurance Company License Fees
effective January 1, 2012 (PW)
Mayor Bacon recognized Mr. Eric Taylor, wh o stated the Official Codified Georgia Code 33 -8 -8
allowed Georgia municipalities to charge an annual flat fee to insurance companies doing business
within city limits. According to the 2010 census results, population increases in Smyrna placed the city
in a different category, whereby the annual rate was $150 instead of the previous $100.
MOTION: Councilman Wood moved to approve Ordinance 2011 -13, Amending City of Smyrna Code
Section 22 -40, Insurance Company License Fees effective January 1, 2012. Motion was seconded by
Councilman Smith and approved 7 -0.
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 May 16, 2011 Mayor and Council Meeting Minutes
(B) Approval of Hillside Road closure between Pinehill and Bank Street for neighborhood block party
on Saturday, June 18, 2011 from 10:00 am - 10:00 pm.
(C) Approval of cost proposal and schedule for the design of the Atlanta Road Median Improvement
Project with Arcadis and authorize Mayor to sign and execute related documents
(D) Approval of complete design services of the Concord Road Improvements with Arcadis and
authorize Mayor to sign and execute related documents
(E) Award RFQ 11 025 Belmont lift Station to the lowest bidder KM Davis Contracting Co. for the
replacement of the Belmont Lift Station for $415,110.00 and authorize the Mayor to sign and execute
any associated documents
(F) Award bid RFQ 11 026 to the lowest bidder 24/7 Technology for the upgrade to the City UPS
(uninterrupted power supply) system for $29,235.00 and $1,800.00 annual maintenance and authorize
the Mayor to sign and execute any related documents
June 6. 2011 4
(G) Approval of Construction Agreement between Department of Transportation and City of Smyrna for
CR1782 /Spring Road at CSX Railroad Pedestrian Bridge in Smyrna and Mayor to sign and execute •
document
(H) Approval of Agreement between Cobb County Board of Elections & Registration and City of
Smyrna to conduct Special Election for referendum to allow the citizens of the City of Smyrna to
authorize retailers to sell by package of malt beverage, wine, and distilled spirits on Sundays November
8, 2011 and authorize Mayor to sign and execute document
(I) Approval of certain road closures for Dream Makers Youth Foundation 5K Road Race August 13,
2011 from 6:30 a.m. for assembling and race beginning at 8:00 a.m. ending at 10:00 a.m.
(J) Approval of Ordinance 2011 -12, removing occupation tax table from Chapter 22, Article II, Section
22 -29(a) and noting location in the Finance Department
(K) Approve contract amendment for the outsourced helpdesk service from our current provider,
reducing the cost by 39 %, and authorize the Mayor to sign and execute the amendment to the contract
(L) Ratification of Market Village HOA Meeting to use Council Chambers on May 26, 2011 from 6:00-
9:00 pm for Ward 3
(M) Renewal of SunTrust Corporate Resolution R2011 -4 and Certificate of Incumbency
(N) Approval of Right of Way Mowing and Maintenance Agreement between Georgia Department of
Transportation and City of Smyrna, regarding South Cobb Drive Improvements and Mayor to sign and
execute agreement
(0) Approval for the submittal of an application to participate in the 2011 Urban and Community
Forestry Grant Program
(P) Accept the dedication of a sewer easement from Antoine Abourjeli and Nizar Merheb at the corner
of Camp Highland and Argo Road
(Q) Certification determining that a section of Camp Highland Road generally described as the portion
of the road beginning where the road abuts the southern boundary of lot 20 of Weatherbrook
Subdivision, and continuing southerly and southwesterly to the end of said road where it abuts property
owned by Consultinvest, Inc., has ceased to be used by the public to the extent that no substantial public
purpose is served by it. Declaration that such section of Camp Highland Road is abandoned
MOTION: Councilman Wood made a motion to approve the consent agenda. Motion was seconded by
Councilman Newcomb and approved 7 -0.
COMMITTEE REPORTS:
Mayor Bacon acknowledged Council Member Pritchett, who yielded.
Mayor Bacon recognized Councilman Newcomb who yielded.
June 6, 2011 5
Mayor Bacon acknowledged Councilwoman Anulewicz, who reminded everyone that the first concert of the
summer series would be Saturday on the Village Green. She announced the 2nd public meeting for the
redistricting process involving the new Smyrna elementary school and provided details. She stated that no
boundary lines for middle or high schools would be impacted and noted that public comment was still being
accepted on the Cobb County school district website. She shared that maps would be presented at the
upcoming meeting (3 maps) for the public to evaluate and make any comments and stated that, with the
school scheduled to open in 2012, the School Board was conducting a review now because they also had
plans to build new schools in Clarksdale and Mableton. She noted the time and location of the meeting.
Mayor Bacon recognized Councilman McNabb, who addressed those watching or in attendance,
acknowledging that, with the variety of budgets involved, some might find the budget overview confusing.
He commented that he wanted to address the City's First Response Vehicle Program and the fact that, given
rising fuel prices, it had been under evaluation for a number of years. The Councilman discussed that with
gas approaching $4.00 a gallon it no longer made economic sense to utilize a fire truck getting 4 miles to a
gallon when over 60% of the time it was dispatched in response to a medical emergency and not a fire
emergency. He stated that SUVs, receiving around 17 mpg, would be purchased for every fire station so that
not only would the City see savings on fuel costs and response time but also be able to perform double
responses. He stated his support of this initiative and opined that the City should self fund itself in the next
budget year.
Mayor Bacon acknowledged Councilman Smith, who mentioned that the program Councilman McNabb
talked about as one he has been wanting for many years now. He noted that it would be a very positive move
for the city.
Mayor Bacon recognized Councilman Lnenicka, who yielded.
Mayor Bacon acknowledged Councilman Wood, who recognized Finance Director Robert Porche who had
no additional report.
Mayor Bacon asked if there were any further reports. There were none.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
Mayor Bacon acknowledged Clare Isanhour at 3900 Lake Drive who talked about providing a licensed
physical therapist at the Aquatics Center (adjacent Aline Wolfe Adult Recreation Center). (Speech was
given to City Clerk for the record.) She explained that she had been handicapped since she was 11 years old
and she never let that stop her. She noted she was attending the meeting because she felt what she had to say
was extremely important. She explained how she had previously participated for years in an extremely
helpful special therapy program at the Aquatic Center. She noted that the therapy tremendously helped
people with handicaps but that it had been discontinued because of people complaining. She expressed her
hope that before the 2012 FY budget was passed that the City would consider reinstating this program for
those currently in need and to provide the benefit for those who would need it in the future.
Councilman Wood asked Mayor Bacon if the request could be reviewed to see if anything could be done to
accommodate those who would benefit from the continuation of this service. Mayor Bacon stated a report
could be provided at the June 20th regular meeting and Councilman McNabb stated his desire to find a
reasonable solution for all concerned.
June 6, 2011
rel
Mayor Bacon acknowledged Alex Backry, residing at 3459 Shawnee Trail, who commented on the content
of emails received from a councilmember. He expressed concern about confusion regarding various figures
related to Smyrna Commons and addressed previous circumstances regarding his contact with the Kroger
district sales office about the new Kroger /The Crossings Shopping Center project start date.
Mayor Bacon acknowledged Donna Short Woodham, residing at 2616 Hughes Street, who announced she
was running for Mayor and asked for citizens to vote for her on November 8, 2011. She noted her concerns
with the City's budget, the FEMA Grant spending practices, and that fire fighters need a raise. She
addressed future Smyrna regarding kids, education, and new and old neighborhoods.
ADJOURNMENT
With no further business, the meeting was adjourned at 8:18 o'clock p.m.
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
RI ANULEWICZ, WARD 3
RO NEWCOMB, WARD 2
Y�C
MIC EL MCNABB, WAkQA
CHARLES PETE WOOD, WARD 7
ORDINANCE 2011 -12
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF SMYRNA, GEORGIA, CHAPTER 22, BUSINESSES,
ARTICLE II, ADMINISTRATIVE FEES, REGULARTORY FEES AND OCCUPATION
TAXES, SECTION 22 -29 (A), OCCUPATION TAX LEVIED BE AMENDED BY
REMOVING OCCUPATION TAX TABLE INSET FROM CODE OF ORDINANCES AND
ADDING LOCATION TO BE AVAILABLE IN CITY OF SMYRNA FINANCE
DEPARTMENT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA
Section 22 -29. Occupation tax levied.
(A) An occupation tax is levied upon those persons with one or more locations or offices
within the corporate limits of the city and, pursuant to O.C.G.A. §48 -13 -7, upon out -of-
state persons with no location or office in Georgia in accordance with the occupation tax
schedule approved and adopted by Mayor and Council to be located in the Finance
Department of the City of Smyrna.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability.• In the event any portion of this ordinance shall be declared or
adjudged invalid or unconstitutional, it is the intention of the City Council of the City of
Smyrna, Georgia, that such adjudication shall in no manner affect the other sections,
sentences, clauses or phrases of this ordinance which shall remain in full force and
effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not
originally a part of the ordinance.
Approved by Mayor and Council this 6th day of June, 201
A. Max Bacon, Mayor
Attest:
Su an D. Hiott, City Clerk
City of Smyrna
App oved to form:
Scott Cochran, Attorney -
2011 -13
ORDINANCE NO. 2011-13
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF SMYRNA, CHAPTER 22,
BUSINESSES, ARTICLE II, ADMINISTRATIVE FEES, REGULARTORY FEES
AND OCCUPATION TAXES, SECTION 22 -40, BE AMENDED BY REPEALING
THE PREVIOUS BODY OF SECTION 22 -40, INSURANCE COMPANY
LICENSE FEES, IN ITS ENTIRETY AND SUPPLANTING WITH A REVISED
VERSION SECTION 22 -40. BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Section 22 -40 of Chapter 22, to read as follows:
Sec. 22 -40. Insurance company license fees.
(a) Insurers' license fees. There is hereby levied for the year 2012 and for
each year thereafter an annual license fee upon each insurer doing business within the
city, in the amount of $150.00. For each separate business location in excess of one not
covered by subsection (b) of this section, which is operating on behalf of such insurers
within the city, there is hereby levied a license fee in the amount of $150.00. For the
purpose of this section, the term "insurer" means a company which is authorized to
transact business in any of the classes of insurance designated in O.C.G.A. § 33 -3 -5.
(b) License fees for insurers insuring certain risks at additional business
locations. For each separate business location, not otherwise subject to a license fee
under this section, operated and maintained by a business organization which is engaged
in the business of lending money or transacting sales involving term financing, and in
connection with such loans or sales, offers, solicits or takes application for insurance
through a licensed agent of an insurer for insurance, the insurer shall pay an additional
license fee of fifty -two and 50 1100 dollars ($52.50) per location for the year 2012 and for
each year thereafter.
(c) Gross premiums tax imposed on life insurers. There is hereby levied for
the year 2012 and for each year thereafter an annual tax based solely upon gross direct
premiums upon each insurer writing life, accident and sickness insurance within the city
in an amount equal to one percent (I%) of the gross direct premiums received during the
preceding calendar year, in accordance with O.C.G.A. § 33- 8 -8.1. The expression "gross
direct premiums," as used in this section, shall mean gross direct premiums as used in
O.C.G.A. § 33 -8 -4. The premium tax levied by this subsection is in addition to the license
fees imposed by subsection (a) of this section.
(d) Gross premiums tax; all other insurers. There is hereby levied for the year
2012 and for each year thereafter an annual tax based solely upon gross direct premiums
00" upon each insurer, other than an insurer transacting business in the class of insurance
designated in subsection 1 of O.C.G.A. § 33 -3 -5, doing business within the state in an
amount equal to two and one -half percent (2.5 %) percent of the gross direct premiums
2011 -13
#,,,,,, received during the preceding calendar year in accordance with O.C.G.A. § 33- 8 -8.2.
"Gross direct premiums" as used in this section shall mean gross direct premiums as used
in O.C.G.A. § 33 -8 -4. The premium tax levied by this section is in addition to the license
fees imposed by subsection (a) of this section.
(e) Due date for license fees. License fees imposed in subsections (a) and (b)
of this section shall be due and payable on the first day of 2012 and on the first day of
each subsequent year.
(f) Administrative provisions. The city clerk is hereby directed to forward a
duly certified copy of this section to the insurance commissioner of the state within 45
days of its enactment.
(g) Effective date. This section shall become effective January 1, 2012.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: In the event any portion of this ordinance shall be declared or
adjudged invalid or unconstitutional, it is the intention of the City Council of the City of
Smyrna, Georgia, that such adjudication shall in no manner affect the other sections,
sentences, clauses or phrases of this ordinance which shall remain in full force and
effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not
originally apart of the ordinance.
Approved by Mayor and Council this 6th day of June, 2011.
,�6ee-e- A. Max Bacon, yor
Attest:
4 Ike 14
Susan D. Hiott, City Clerk
City of Smyrna
App ved as form:
Scott Cochran, Attorney
RESOLUTION No. R2011 -3
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 6th day of June, 2011.
A. Max Bacon, Mayor
ATTEST:
Susan D. Hiott, City Clerk
Resolution No. R2011 -04
CORPORATE RESOLUTION AND CERTIFICATE OF INCUMBENCY
(Commercial Credit Card Account)
I, Susan D. Hiott, hereby certify that I am the Cijy Clerk and custodian of the records of the Ci 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 6th day of June, 2011, 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.
I 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 Tern
Charles "Pete" Wood Finance & Administration
Committee Chairperson
Eric J. Taylor City Administrator
Susan D. Hiott City Clerk 0 Al
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation
this 6th day of June, 2011.
(Corporate Seal) City of Smyrna
(legal name of corporation)
By: �77&`
(print ame) Susan D. Hiott
Title: City Clerk