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09-19-2011 September 19, 2011 Mayor and Council Meeting September 19, 2011 All council members were present except for Councilwoman Anulewicz. Also present were Finance Director Robert Porche, City Attorney Scott Cochran, City Clerk Susan Hiott, Community Relations Director Jennifer Bennett, Human Resources Director Kay Bolick, Assistant Fire Chief Roy Acree, Parks and Recreation Director Steve Ciaccio, Budget Officer Monica Jones, Library Director Michael Seigler, Police Chief Stan Hook 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 7:34 o'clock p.m. Mayor Bacon recognized Pastor Barbara Hatchell of Smyrna 1st United Methodist, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that there were none and recognized students from the Campbell High School student government. MAYOR'S REPORT Mayor Bacon stated that he would wait until the end of the meeting. LAND ISSUES/ZONINGS/ANNEXATIONS: PRIVILEGE LICENSES: (A) Public Hearing-new application for owner and agent-sales of beer and wine (retail pouring)-Taqueria La Villa LLC dba Tacos La Villa-Ciro Covarrubias-2415 Cobb Parkway(MP) Mayor Bacon read aloud the item and requested that the applicant approach. Mayor Bacon shared that Finance Director Mr. Robert Porche was filling in for the City Administrator, who along with the Assistant City Administrator, was attending a conference. Mayor Bacon also informed all present that Councilwoman Anulewicz was in Russia on an exchange program. The Mayor acknowledged Mr. Porche who provided the background for this agenda item. Mayor Bacon stated that this was a public hearing and asked for public comment. There was none. The Mayor acknowledged Councilwoman Pritchett, who requested that Mr. Covarrubias state the address, length of time in operation, nature and store hours of his business and the applicant responded. Councilwoman Pritchett inquired what regulations he had in place to ensure that no sales to minors would be conducted and he explained that clerks would request presentation of I.D. from all patrons. Councilwoman Pritchett confirmed the applicant's Evindi attendance and awareness of the City's policy of conducting periodic sting operations. MOTION: Councilwoman Pritchett made a motion to approve new application for owner and agent-sales of beer and wine (retail pouring)-Taqueria La Villa LLC dba Tacos La Villa-Ciro Covarrubias-2415 Cobb Parkway. Motion was seconded by Councilman Newcomb and approved 6-0. September 19, 2011 2 (B)Appeal of Denial of Alcohol License M&R Grocery dba 5 Point Food Store, 1649 Roswell Street(TA) Mayor Bacon asked for the background, which Mr. Porche read aloud. Mr. Porche shared that the privilege license originally granted was later rescinded at the LVB (License and Variance Board) meeting of MUM 7/27/2011 due to proximity to a school. The Board concluded that the grandfather location clause was not applicable in this instance. Mayor Bacon recognized City Attorney Scott Cochran to conduct the hearing. Mr. Cochran stated that the store had multiple violations for sales to minors over the years and that there was a history of disciplinary actions being taken. He informed all present that the most recent action had been the revocation of the license in December of 2010. That decision had been appealed and then later dismissed. Mr. Cochran explained that a new applicant then approached the City requesting a permit for the location in question. Following a series of meetings, the request for a new license was denied by the LVB based on the determination that the minimum distance requirement from a school was not met. Mr. Cochran clarified that the issue under consideration by Mayor and Council was whether or not the applicant was entitled to a license based on their claim that they were grandfathered according to the City's ordinances. He reiterated that the LVB had taken the position that because the previous license had been revoked, rather than expired, that the grandfather clause did not apply. Mayor Bacon recognized the applicant's attorney, Joan P. Davis, and asked that all parties wishing to be heard be identified and sworn in. Councilman Lnenicka asked for clarification on the dismissal of the original appeal. Mr. Cochran explained that following the license revocation an appeal was filed and subsequently withdrawn. Counsel Davis stated that she had only recently become involved and had no knowledge surrounding the withdrawal. She explained that the matter was being brought before Mayor and Council because, according to the City's ordinances, filling out an application for a new license on an existing licensed location grandfathered in and exempted the new applicant from complying with the distance requirement. Counsel Davis called upon property owner Mr. Shamshudin Samnani, who stated that for almost six years he had owned the property where he operated a grocery store and had held a beer and wine license for 15 years. He stated that the property had a beer and wine license at the time he purchased it. He affirmed that the license had been lost at a hearing in December of 2010 following a temporary employee being cited with a violation for sale to a minor. S. Samnani communicated that the employee in question had stolen the license, money and audio/visual equipment on the scheduled appeal hearing date which prevented his appearance, necessitated a withdrawal and resulted in the filing of a police report. There was discussion about the amount of monthly mortgage and annual property taxes paid at that location. A review of the violations at the location was presented and it was confirmed that Mr. Samnani had been the property owner at the time of all violations, had ceased operation of that business effective July 2011 and was not presently involved in daily operations there. Councilman Newcomb stated that under the City ordinance the business owner shared the license of his establishment and confirmed that Mr. Samnani had been the owner at the time of all four prior cited violations. Further discussion established that S. Samnani was not the applicant on the license that had been rescinded and that Yousef Shaikh had been the previous license holder. Mr. Moez Samnani approached and stated that he had assumed the business in June 2011, becoming active in July. His rescinded license to sell beer and wine and a copy of a petition collected by the business owner were presented as exhibits. There was discussion about the relationship between the new business owner, the former business owner and the former license holder. It was made known that the new owner was the nephew of the original owner. It was also clarified that there had been no monetary exchange for transfer of the business and that it had been conducted to allow Moez Samnani to obtain a license for beer and alcohol sales at the location in question. pimpo Councilman Newcomb requested that S. Samnani provide an explanation for the high number of violations and it was indicated that the cause was temporary employees. The Councilman inquired after S. Samnani's understanding of the business owner's responsibility and S. Samnani said that his practice was to tell all of his employees to always check I.D. There was discussion about an incident that involved an intoxicated September 19, 2011 3 person on the premises and discrepancy surrounding events as viewed on surveillance footage. It was stated that the high number of incidences at the location had resulted in the license being revoked prior to the scheduled expiration date. Councilman Lnenicka inquired if M. Samnani had employment in addition to his role with M&R Grocery and the response was affirmative. Mayor Bacon confirmed that no alcohol sales were currently being conducted at M&R Grocery. Councilman Lnenicka asked that M. Samnani supply his relevant experience and was provided such. There was discussion about the business plan proposed to ensure the successful operation of the store in question given decreased revenue from loss of alcohol sales. Councilman Lnenicka commented on the objective of the City's governing body to see Smyrna businesses succeed but that compliance had to be enforced. Councilman Newcomb stated that this hearing was solely for the purpose of determining if the LVB interpretation of the ordinance was accurate and the City Attorney clarified that the Mayor and Council could not arbitrarily decide to issue a license, being required to base their decision on city law. Counsel Davis summarized that the applicant was entitled to a license since the location was previously licensed and subject to the grandfather clause. MOTION: Councilman Newcomb made a motion at 8:23 to adjourn to executive session. The motion was seconded by Councilwoman Pritchett and passed unanimously. MOTION: Mayor Bacon asked for a motion at 8:32 to reconvene from executive session. The motion was passed unanimously. MOTION: Councilman Newcomb made a motion to deny Appeal of Denial of Alcohol License M&R Grocery dba 5 Point Food Store, 1649 Roswell Street based on it not being grandfathered. .4. Councilman Lnenicka expressed his concern that a contract confirming the transfer of the business to the new applicant had not been presented and that the appearance was that a verbal agreement existed solely for the purpose of obtaining a license. Councilman McNabb pointed out that the former owner abandoned his right to appeal by withdrawing and that six months had passed from the time of revocation of the license to the transference to the new owner. He made known that he appreciated the attempt to acquire a signed petition but without thorough knowledge of the ordinance by the signatories that document had no standing in this type of hearing. Councilwoman Pritchett expressed her desire to be able to give consideration to the new owner as requested but that, under the city's laws,that was not possible. Councilman Newcomb reiterated that no license had existed after the revocation. He commented that while that location had been licensed at one point, that license was not an expired one and therefore reasonable basis for denial was present. Motion was seconded by Councilman Lnenicka and passed 6-0. FORMAL BUSINESS: Mayor Bacon stated that there were none. COMMERCIAL BUILDING PERMITS: Mayor Bacon stated that there were none. CONSENT AGENDA: famim Mayor Bacon acknowledged Mr. Robert Porche, who read the consent agenda. (A)Approval of September 6, 2011 Mayor and Council Meeting Minutes September 19, 2011 4 (B) Approval of 2011 Performance Partnership Agreement with the Georgia Emergency Management Agency between GEMA and City of Smyrna and authorize Mayor to sign and execute document mow (C)Approval to change date on Campbell High School Spartan Sprint 5K Run from November 5th to November 12, 2011. Assembling at 7:00 a.m. and ending at approximately 9 a.m. (Route -from High School, Ward Street, Powder Springs Street, Stonecreek Road to Bank Street to King Street, around Village Green Circle and back onto Powder Springs Street,to Ward Street to Campbell High School parking area) (D)Approval for Atkins Park Tavern to host Smyrna Beer Fest in Market Village Saturday, October 8, 2011 from 1 p.m.-6 p.m. (E)Approval for Market Village merchants Atkins Park Tavern and Vintage Tavern/Zucca to host Market Village Octoberfest October 22-23, 2011 (F)Approval of partial road closure for east end of Anderson Circle from 2:30 p.m. to 7:30 p.m. on October 15, 2011 for Williams Park Neighbors' annual social event (G)Approval to submit Workers Compensation Self Insured Application Authorization and authorize Mayor to sign and execute related documents (H) Award RFP 12-001 Spring Road Multi Use Trail Phase 2 to the lowest bidder C.P. Richards Construction Company for$418,819.70 and authorize the Mayor to execute any related documents (I)Award RFQ 12-019 Street Paving Projects to the lowest bidder Baldwin Paving Company for their submitted unit pricing and authorize the Mayor to execute any related documents ••. (J)Award RFQ 12-012 Fuel Bid to the lowest bidder Mansfield Oil Company based on the daily OPIS fuel price+ .0036 markup for diesel fuel and discount of-.0126 for gasoline and authorize the Mayor to execute any related documents (K)Award of RFQ 12-017 to Wade Ford,the overall lowest bidder, at total price of$188,075 for Police and Fire Vehicles (L) Approval and adoption of six revised personnel policies regarding leave, including jury court leave, funeral leave, annual leave, sick leave, FMLA and Military leave and Mayor to sign and execute adopted policies (M)Approval and adoption of four revised general personnel policies regarding ethical conduct, equal employment opportunity, introduction, and harassment and Mayor to sign and execute policies (N) Approval and adoption of revised personnel policy regarding holidays and Mayor to sign and execute policy (0) Approval and adoption of three revised and/or new personnel policies regarding working test, termination of employment and retirement recognition and Mayor to sign and execute policies MOTION: Councilman Lnenicka moved to approve the Consent Agenda. Motion was seconded by Councilman Wood and passed 6-0. COMMITTEE REPORTS: Mayor Bacon acknowledged Council Member Pritchett,who stated that she had no report. Mayor Bacon recognized Councilman Newcomb, who called upon Ken Suddreth of Community Development. Mr. Suddreth presented statistics on building and redevelopment throughout the City from the month of July, sharing that those numbers were up 140%. Councilman Newcomb remarked on the positive growth of the City. September 19, 2011 5 Mayor Bacon announced Councilwoman Anulewicz's absence and called upon Ms. Kay Bolick to present a ""'" report for Human Resources. Ms. Bolick acknowledged employees reaching milestones, including Kacie Malcolm, Paul Esson, Timothy Sharples, Kenneth Owens and Mann Winn. Mayor Bacon recognized Council Member McNabb, who called on Frank Martin to present a report from Public Works. Mr. Martin talked about the status of projects on Gann Rd., Atlanta Rd., Creatwood Cir. and the start of the demolition of Hickory Lakes. Ann Kirk of Keep Smyrna Beautiful mentioned upcoming events including medication disposal and provided details and contact information for that program. She requested door prize donations for the Work Glove luncheon and provided details of the Rivers Alive clean up drive. Other activities she highlighted were Adopt-a-mile, IBM day, shredding event and jonquil sales. Councilman McNabb commented on the success of the Taste of Smyrna and the tour of homes in the Forest Hills neighborhood. Mayor Bacon acknowledged Councilman Smith, who called upon Jennifer Bennett to recap highlights from the Taste of Smyrna. Steve Ciaccio discussed upcoming events in Parks and Recreation including "It's my Park Day" and movie night and requested that Paula Weeks provide further details and contact information for citizen's wishing to get involved in supporting the city's parks. Mike Seigler highlighted the activities conducted during the 75th anniversary of the library and thanked the numerous volunteers involved. Mr. Seigler also talked about upcoming activities in the month of October. Mayor Bacon recognized Councilman Lnenicka, who recognized Police Chief Hook to present July's statistics. There was discussion about the significant decrease in auto theft. Deputy Fire Chief Roy Acree reminded all present that the severe weather warning sirens were intended to alert those outside and ppm encouraged all to maintain a source of emergency information within their residences. It was requested the Deputy Chief Acree discuss the Public Safety gala and he presented details and highlights from that activity. Councilman Lnenicka praised the efforts of the residents of Forest Hills and lauded the community pride displayed during the tour of homes and gardens the previous day. He acknowledged the success of the celebration of the library's 75th anniversary, highlighting the unique nature of that facility as the only city library in the state of Georgia. Mayor Bacon acknowledged Council Member Wood, who introduced Mr. Robert Porche. Mr. Porche called upon Budget Officer Monica Jones to discuss the city's budget numbers and actions to ensure fiscally responsible operations. City Attorney Scott Cochran commented on the privilege license hearing for the benefit of the visiting Campbell High School students. Clerk Susan Hiott reminded all that Octlber1 lth was the voting registration deadline and locations to register were provided. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Mayor Bacon called on Ziad Salameh, candidate for Ward 7. Mr. Salameh shared with all present his history, platform and campaign promises. He pledged to reinvest his salary as Councilman back into Smyrna programs and foundations, directing all present to visit his website at salamehforsmyrna.com Mayor Bacon acknowledged Alex Backry, residing at 3459 Shawnee Trail, who reminded all present about the upcoming Mayoral debate and provided the date and details. He requested that all respect campaign signage and not tamper with placement. Mr. Backry remarked on an article in the MDJ regarding public comments in Smyrna. September 19,2011 6 Ma or Bacon recognized Garry Osborne of 1675 Ross Moss Court, who introduced himself and announced ..� Y his backound and his candidacy for the Ward 7 Council seat. He shared s to addres at¢ar►'yosborne.com current employment as a teacher at Campbell High School.He provided his web Mayor Bacon acknowledged Donald Almeda, residing sta artment would represent significant fi ant ha�dship as resident of Smyrna Commons and that moving from his apartment was in poor health. He expressed surprise that the apartmen were being closed costs of moving and hat a renovation at that complex. Mr. Al described the p rohibitiv advance notice would have been app reciatedrior d that Mayor Bacon mentioned that the decision to renovate had been The Ma po communicated the sucf cessnof the Y the City would work with the citizen's on relocation efforts. relocation of citizen's from Hickory Lakes and the overall atis a�atteof former residents ents at ghat location. Mayor Bacon asked Mr. Almeda to stay and personally discuss or Ward 4, detailing Mayor Bacon recognized Mr. Charles "Corky" Welch, who e has workedlfor 301yearsfwith the engineering his background and qualifications. Mr. Welch shared that firm Stevenson and Palmer and that, upon qualifying, he withdrew h dr actions1iflelected and provided his website the right to bid while in office. He stated his vision for . esire Mayor Bacon acknowledged Mr. Bud McCullough, residing n and to consider plac ng his e�ghborhoold an the for the City to support a Halloween scarecrow competitioat n opportunity redevelopment zone. He commented on his habit of sitting He wa outside with his tdog and v ents th t he witnessed while in his yard that resulted in him calling police. was disclosed and at the response time to inquiries related to his concerns about his identity being revealed. " ^" ned in the Mayor Bacon called on Mary Kirkendoll of 1078 Oakview:l who commented on of 2009. She remarkedtthat the afo elmentioned in police report of her arrest that occurred at a meeting April report was posted on the Patch website and vocalized that the posting own away a nbutabl eto Mr. that Murpey. She read aloud from the written report and relayed verbally of SPLOST including her assertion that the Mayor had ordered her a the t. She questioned the devaluation of homesan in Smyrna Height funds, criticized the Concord Rd. project and commented on neighborhood, urging all to vote in the upcoming elections. Mayor Bacon denied the allegation that he had Ms. Kirkendoll forum, recognizing and supporting frustration it citizen's Y at inaccurate statements being made during the public comments to speak. Mayor Bacon introduced Vic Yankouski, who announced his ocandidacy g the W Ir 7 progrdis uss std campaign efforts to date. He shared that the citizens are in favor touched on some zoning issues. He asked all present for their support and voteed her candidacy for Ward Mayor Bacon called on Judith gr and and Jones, qualifications 0as7wOell as her curren efforts to establish a community for 4 and provided her background on children suffering from autism. Ms. Jones then provided the noneuof Smyrnaes tCounc 1 were commemoration present. for WWII Veterans and expressed her disappointment Wood clarified that he was in attendance and Ms. Jones asked that the City take action to acknowledge those men honored at the ceremony. for Mayor Bacon acknowledged Donna Woodham of 2616 Hughes etexpressed her understandi ga of t e Mayor and encouraged all to vote on November 8th. She emphatically events surrounding the relocation of the residents of Hickory d Lakes, opining chat Ma that had t Cou hat been living had evicted families in the middle of harsh winter conditions, denied and necessitated school transfers. Ms. Woodham shared her disapproval of federal fund dollars being September 19, 2011 7 utilized on the Atlanta Road Project and that, if elected, she would focus on finding grants to bring math, science and reading programs to the city library to ensure that all students were on grade level by the third sim". grade. Mayor Bacon refuted the assertion that conduct taken by the City during the relocation efforts at Hickory Lakes was improper or without consideration to the occupants at that location. He informed all present that many former residents had expressed gratitude to the City for its action in purchasing the dilapidated complex. Mayor Bacon stated that he was proud of his many years of service and that the results of his commitment to the revitalization of the City were evident. Mayor Bacon introduced Susan Wilkerson, residing at 2805 Stonecreek Rd., who thanked the Council for their service and announced her candidacy for Ward 5. Ms. Wilkerson provided her background and experience in the Smyrna community and recognized family members present in the audience. Mayor Bacon stated that he would meet with Mr. Almeda and encouraged all to vote in the upcoming elections, stating that there was a clear difference between all three Mayoral candidates and that he hoped that people would exercise their right to vote. A Campbell High School student thanked the City of Smyrna for their generous donations in support of Campbell High School's football team. Mayor Bacon turned the meeting over to Mayor Pro-Tern Lnenicka in order to meet with Mr. Almeda. Councilman McNabb addressed prior questions brought forth by Mr. Al Graves regarding the purchase of The Highlands/Smyrna Commons apartments and concerns about the City becoming involved in ownership of multi-family housing. In particular, he referenced concerns about the exposure to tax payers represented by the bond used for the purchase and provided financial details of the same. Councilman McNabb shared ., the background that Smyrna Highlands, adjacent to Campbell High School, had been renamed Smyrna Commons and that the facility had been sold to the Cobb County School Board for needed acreage to build the planned Smyrna elementary school. The Councilman provided additional details about the redevelopment plan for Belmont Hills and the elementary school area, including traffic flow considerations. He communicated the details about the size and cost of the right-of-way parcel first negotiated in the summer of 2008. He stressed that the original intent of the City was not to buy apartments but that consequential damages were relevant in this case and called upon the city attorney to explain. Mr. Cochran shared that government has to pay damages if land is acquired through condemnation. He elaborated that not only does the entity have to pay for the property in question but also for impact damage to the surrounding or remaining tracts and cited examples, emphasizing that the cost paid for damages was often substantial. Councilman McNabb clarified that in 2008 it was known that some unspecified amount would have to be paid in addition to the parcel cost and that although no offer had been made the current market value of the parcel was known and the consequential damages were anticipated to be in excess of that value. Councilman McNabb shared the numerous loan stipulations that present unique challenges to the redevelopment of apartment complexes and the small window of opportunity that existed at Smyrna Commons. He talked about the city's attempts to bring a buyer for the property that eventually resulted in the former owner, who sought a quick sale, requesting that the City consider purchasing the complex and he outlined the details of the proposed offer. The Councilman delivered an analysis of the benefit of purchasing the entire parcel in lieu of a portion subject to consequential damages. Councilman McNabb conveyed the City's commitment to making strategic investments and that the acquisition of Smyrna Commons was not motivated by a financial decision to make a profit. Evaluation of Smyrna Commons had revealed aging apartments, complaints filed with the city, an uninhabitable building on site due to fire and a general problem p"'"" location in the community. It was determined that it was a reasonable strategic investment for City to pursue an offer. Councilman McNabb acknowledged Ms. Bennett, who displayed a summary chart about which the Councilman made remarks. He asserted that renovations were conducted to improve the quality of living for residents as well as create a vehicle for positive cash flow that would insulate taxpayers from the responsibility of paying for the bonded indebtedness. Councilman McNabb stated that SPLOST dollars were utilized in the transaction and that a reserve fund was required by the bond issuer. He furnished the structure September 19, 2011 8 and costs of the bond and called on Mr. Porche, who affirmed that the City had received a below standard rate. Councilman McNabb covered the history of the Cobb County School Board's property search and that, following discussions with Jack Halpern, the Board had approached the City about purchasing a portion of Smyrna Commons. The Councilman stated that an agreement to sell the complex in its entirety, with a joint use provision, was reached. He disclosed details of that agreement and that finalized numbers were just received, commenting that this represented an asset and benefit to the community at large. Councilman McNabb relayed details of a public work session where the bond was discussed.He reviewed the two options considered and stated that both were rejected in favor of utilizing the unrestricted reserve fund to eliminate the bonded indebtedness and leave the City with both a new school and a seven and a half acre park for its citizens. The Councilman differentiated between restricted and unrestricted funds and explained that the bond balance would be paid by the end of the year without any contributions from property taxes. Councilman McNabb shared that the GMA (Georgia Municipal Association) recommended a minimum of 15% of the general annual budget be maintained in reserves for financial prudence. He reported that Smyrna had written policies stating that reserves were to remain above 25%and informed all present that payment of the bond would decrease the city's reserves from 35% to 27%. The Councilman summarized influencing factors in the decision to purchase Smyrna Commons, highlighting that buying the whole was a better value than paying only for the right of way. He stressed that the resultant sale to Cobb County Schools was for a higher good and would provide both a new public school and large greenspace. Councilman McNabb addressed Mr. Graves, assuaging his concern about Smyrna taxpayer's exposure and emphasizing the commitment of the governing body to residents in that complex. Councilwoman Pritchett commented on the substantial amount of funds available in reserve and expressed dismay that citizens did not come forth to speak about the success of Smyrna in the face of national -• , economic hardship. She attested to Smyrna's fiscally conservative governing body, mentioning that reserve funds had not been used as far back as she could recall and that discussion with Councilman Wood had confirmed that the fund had not been utilized during his terms. She relayed the Mayor and Council's commitment to avoid utilizing reserves, citing the redevelopment of fire station #3 in her ward. Councilwoman Pritchett relayed an anecdote about the fire station at the time of her election and her efforts to provide a permanent structure to replace the dilapidated temporary edifice originally in place. She shared that the new fire station had been built using a capital improvement fund in lieu of reserve money and, without generating debt, had provided citizens with a larger, modern fire station complete with a community meeting room. Councilwoman Pritchett addressed the sale of the Smyrna Commons property to the Cobb County School Board and stated that her support was based on a desire to see overcrowding in other schools alleviated, trailers eliminated, a better educational experience for Smyrna's children and an enhanced reputation for the city's schools. She emphasized that good schools attracted young families and established a larger tax base, promoting growth and development. Councilman McNabb announced to all present that the Smyrna Commons figures discussed earlier were available on the City website and in the vestibule,thanking Mr. Graves for his questions. Mayor Bacon returned and commented on occurrences during his absence and acknowledged Mr. Graves. Mr. Al Graves addressed Councilwoman Pritchett, stating his support and advocacy for Smyrna's schools. He clarified his opinion that it was the Cobb County School Board's responsibility, and not the City's, to purchase land for school development. He expressed his concern that taxpaying citizens were funding the -.`"' construction of the new school and Councilwoman Pritchett restated Councilman McNabb's analysis showing that was not the case. Mr. Graves inquired emphatically if Mayor and Council would offer assurances that there was not one cent of tax implication for taxpayers in the redevelopment of the Smyrna Commons property. Councilman September 19, 2011 9 McNabb called upon Mr. Porche, who explained that the bond was being paid for out of the cumulative fund balance that included profits of the general fund balance of the City, elaborating that the transaction encompassed both the Development Authority and the general fund portion that was being used to pay off the bond. He explained that the reserves were an accumulation of taxes, fee for service, franchise taxes, intergovernmental agreements, right-of way and various revenue streams over the life of the City. Mr. Graves questioned again if there would be any tax implication and Mayor Bacon asked for clarification. The Mayor stated that his understanding of the reserve fund was that it was an accumulation of various sources which did include, but was not limited to, tax revenue. He stated his agreement that the schools were the responsibility of the school Board but that he was supportive of the actions taken by the Council. The Mayor highlighted recent activity at Jonquil and successful re-investment projects in the community like the downtown development. Mayor Bacon opined that lower taxes could be collected and not channeled back into the community but that he was proud of the numerous advancements and growth in Smyrna that benefited its citizenry. He cited examples where taxpayer funds were used in programs that not all could avail themselves of the benefit including senior programs and fire services. The Mayor stated his belief that Smyrna has been built into one of best cities in the state and that occasionally circumstances required rapid decisions. There was discussion about the property owned by Halpern, with the Mayor stressing that the parcel was privately owned and that the City did not have say in the developer's decision about the fate of his property. The TAD program was mentioned and Mr. Graves submitted that the council acted without the knowledge or permission of the citizens. Mayor Bacon stated that all meetings are open and that the Mayor and Council serve as elected representatives of the residents of Smyrna. He encouraged Mr. Graves to attend and to make an appointment with city officials to discuss matters whenever he had questions or concerns. Mr. Graves commented on low voter turnout and departed from the podium, commenting undiscernibly as he walked down the aisle. mom ADJOURNMENT With no further- I -ss,the meeting was adjourned at 10:55 o'clock p.m. A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLE • MErtEN/'R1TCHE T, WARD 1 RON NEWCOMB, WARD 2 a,��'' T •NULEWICZ, %'ARD 3 MIC AEL MCNABB, RD 4 1 PIRSO feer"D '• •79 5 WADE S. LNENICKA, WARD 6� CHARLES PETE WOOD, WARD 7 ORDINANCE NO. 2011-15 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, THAT SECTIONS REQUIRING ELECTRONIC RECORDS, OF ARTICLE III, CHAPTER 22, PAWNBROKERS BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections mandating use of electronic records within Article III, Chapter 22 of Pawnbrokers of the Code of Ordinances of the City of Smyrna, Georgia, be suspended until November 8, 2011. 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 3rd day of October, 2011 Att usan D. Hiott, City Clerk City of Smyrna Approved as to form: Scott A. ochran, City City of Smyrna A. Max acon, Mayor