Loading...
10-03-2011 October 3, 2011 MOM Mayor and Council Meeting October 3,2011 All council members were present except for Councilwoman Anulewicz. Also present were City Administrator Eric Taylor, City Attorney Scott Cochran, City Clerk Susan Hiott, 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 7:31 o'clock p.m. Mayor Bacon recognized Associate Pastor Mike Smith of Smyrna Christian Church, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that there was a change to the consent agenda with item J being removed. MAYOR'S REPORT Mayor Bacon introduced students from Belmont Hills Elementary School to present the character education word responsibility. The students were members of the B.E.S.T. club and shared with those present several activities in which they had participated. Their mentors discussed the overall objectives of the program. mow Mayor Bacon shared that he had mentored some children from Hickory Lakes Apartments, commenting on the positive nature of that experience. Councilman Newcomb talked about the introduction of character words into the schools and asked a visiting instructor to express her opinion on the efficacy of that program. She made it known that it had been impactful in her facility and that an emphasis on character words resulted in acknowledgment of behavior that exemplified those traits. Mr. Harold Smith and Ms. Betty Turly were introduced and Councilman Lnenicka read aloud the Proclamation titled "Respect for Firefighters". Mr. Smith announced that the Smyrna Optimist Club was celebrating its 50th anniversary and provided the days, times and location of their regular meetings. Jason Lanyon expressed gratitude for the community support received by the fire department. LAND ISSUES/ZONINGS/ANNEXATIONS: Mayor Bacon stated that there were none. PRIVILEGE LICENSES: Mayor Bacon stated that there were none. FORMAL BUSINESS: (A)Approval of Ordinance 2011-15 suspending until November 8, 2011 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances Mr. Taylor provided the background and Councilman Lnenicka shared his gratitude for discussions with business owners impacted by this ordinance, stating that those forums had been taken into consideration. October 3,2011 2 He announced that it had been agreed to delay implementation and suspend revisions until the effect of the new procedure could be thoroughly reviewed and analyzed. He stated that the suspension would be retroactive to when the previous 30 day suspension expired. MOTION: Councilman Lnenicka made a motion to suspend approval of Ordinance 2011-15 until November 8, 2011 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Motion was seconded by Councilman Wood and approved 7-0. (B) Approval of Smyrna Commons Bond Payoff Mayor Bacon recognized Mr. Taylor, who provided details about the sale of the property to the Cobb County School Board, the decision to utilize the existing fund balance to payoff the bond and that staff recommended approval. Councilwoman Anulewicz stated her support for this item, identifying it as a critical step towards improving education in the area. MOTION: Councilwoman Anulewicz made a motion to approve Smyrna Commons Bond Payoff. Motion was seconded by Councilman McNabb. Councilman Newcomb made known his full support of this item and asked that all focus on the strategic value of this action. He addressed the location of the property as important to the educational base of the community, the advantage of constructing a brand new school and the responsibility of the Council to reduce transiency rates in Smyrna. Councilman Newcomb explained that quality of life was dependent on the perceived value of the schools, which was determined by achievement scores directly impacted by transiency rates. He opined that the new elementary facility would reinvigorate other area schools by reducing overcrowding. Councilman McNabb summarized the decision not to parcel out the property and emphasized that the City had gained joint access to the park space while accommodating the need for the right of way, agreeing with Councilman Newcomb about the long-term strategic value of the transaction. Councilman Smith mentioned the detailed overview of the property's history, provided by Councilman McNabb at the previous meeting. Councilman Smith highlighted that these apartments had been for sale and that, had Smyrna not purchased them, it was likely they would have been sold and maintained as apartments. He stated his approval of a school being built on that location. Mayor Bacon echoed the previous comments, making known that the School Board's offer to purchase the property was unforeseen and the purchase was made originally to accommodate right of way needs. He acknowledged that the community is driven by the quality of the education in schools, sharing an anecdote about the dangerous environment at the former apartments and his support of that property being converted into a park. Motion approved 6-1 with Councilman Lnenicka opposed. COMMERCIAL BUILDING PERMITS: Mayor Bacon stated that there were none. CONSENT AGENDA: Mayor Bacon announced that item J was being removed and acknowledged Mr. Taylor, who read the consent agenda. October 3,2011 3 (A) Approval of September 19, 2011 Mayor and Council Meeting Minutes (B) Approval and Adoption of eight revised and/or new Personnel Policies Regarding Employee Personnel Records, Employment References, Rehire, New Hire Orientation, Flextime, Pay Plan, Position Classification and Internships and authorize Mayor to sign and execute policies (C) Approval and Adoption of three revised Personnel Policies Regarding ADA, Workplace Violence and Personal Dress and authorize Mayor to sign and execute policies (D) Approval and Adoption of three revised Personnel Policies Regarding Short-term Disability, Long- term Disability, Employee Assistance Program and authorize Mayor to sign and execute policies (E) Approval and Adoption of two revised and/or new Personnel Policies Regarding Leave without Pay and Unpaid Holidays/Furloughs and authorize Mayor to sign and execute policies (F) Approval of Renewal Agreement with Communit-y Health Network (CHN) for Health Management (Wellness) Services and authorize the Mayor to sign any related documents (G) Award RFQ 12 018 Pressure Grouting to the lowest bidder Gibson Pressure Grouting services for $69,800.00 and authorize the Mayor to execute any related documents (H) Approval and authorization of Maintenance and Development Agreements between City of Smyrna and Cobb County Board of Education regarding property currently known as Smyrna Commons Apartments at 2525 Ward Street and Mayor to sign and execute documents (I) Authorization for City of Smyrna to enter into and execute any and all documents required in the sale of property currently known as Smyrna Commons from the Smyrna Downtown Development wpm Corporation to the Cobb County Board of Education MOTION: Councilman Wood moved to approve the Consent Agenda. Motion seconded by Councilman Smith and approved 6-1 with Councilman Lnenicka opposed. COMMITTEE REPORTS: Mayor Bacon acknowledged Council Member Pritchett, who apologized to her fellow Councilmen and constituency for an error in word selection during a response provided on the MDJ website, sharing that it was in the process of being corrected. She requested that Ms. Hiott explain a situation with the recording equipment used by the city and Ms. Hiott advised all present that the video recording system was being repaired with a VHS format being utilized in the interim. She made known that a portion of a previous meeting was not recorded due to a tape change required to accommodate the length of the meeting. Ms. Hiott provided the details of rebroadcast dates on Channel 23 and announced that the digital recording system had captured the portion of the meeting not recorded on the visual media. Councilwoman Pritchett stated it was an economic decision to repair the existing equipment rather than replace it. Mayor Bacon recognized Councilman Newcomb, who mentioned the event hosted by the Cobb Chamber in appreciation for public safety officials. He praised the quality of Smyrna's police force and the dedication of the public officials throughout the City, citing examples of the challenges they face on a daily basis and the efficacy of their employees. Mayor Bacon called on Councilwoman Anulewicz, who commented on her trip to Russia as part of an ,,, exchange program and the activities she participated in while there. She shared that the most profound differences were that all taxes paid by Russian citizens were managed by the central government and allocated to municipalities from there. She discussed the importance of citizen engagement and the resources available to Smyrna residents wishing to become more involved. Councilwoman Anulewicz announced the upcoming town hall meeting being held by Commissioner Bob Ott. October 3,2011 4 Mayor Bacon recognized Council Member McNabb, who announced to all that the charter renewal of Smyrna International Academy had been approved. He made known his dismay that the news coverage present at the event only covered the denial of the Academy's sister school and did not communicate the success of the Smyrna location. The Councilman provided details of ways for people to become active with a school community and encouraging all to do so. Mayor Bacon acknowledged Councilman Smith, who provided the times and location for the town hall hosted by Bob Ott and made known that the upcoming Saturday was "Its My Park" maintenance day and "Movie Night" featuring Gnomeo and Juliet. Mayor Bacon called on Councilman Lnenicka, who informed all about a series of thefts from automobiles, asking everyone not to leave valuables in vehicles and to secure their cars. He shared that one of the items that had been taken was a handgun and that the perpetrators were to be considered armed and dangerous. The Councilman requested that all be vigilant and contact 911 if any suspicious activity was witnessed. Councilman Lnenicka shared the names of the employees recognized at the City's Public Safety Appreciation Week breakfast and provided details about the actions taken by this group that resulted in the saving of a life. He acknowledged the daily efforts of all safety personnel in safe-guarding the well-being of Smyrna Residents and expressed his gratitude. The Councilman thanked the Westchester Homeowners Association for the invitation to attend their annual meeting and restated the details of the upcoming movie night. Mayor Bacon acknowledged Council Member Wood, who yielded with no report. Clerk Susan Hiott reminded all of early voting dates on October 17th and October 31st, providing details of times and locations. The Mayor asked her to state the deadline for voter registration and Ms. Hiott responded that October 11th was the last day to submit completed forms, informing all present that completed forms """ could be brought to the City Clerk's office, which would ensure they were taken to the County. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Mayor Bacon called on Ziad Salameh, residing at 4817 S. Argo Rd. and running as candidate for Ward 7. Mr. Salameh mentioned a fundraising event held by the Nickajack Education Foundation and thanked the sponsors of that function. He shared several details about the participants and the variety of groups represented. Mr. Salameh stated that he would be promoting Smyrna Schools, both in person and on his website, displaying salamehforsmyrna.com and his contact information. Mayor Bacon introduced Ron Mazzola and June Burgess of the American Legion Post 160, located at 160 Legion Drive. Ms. Burgess, resident of Smyrna and 20 plus year member of the American Legion Auxiliary, shared her concerns about the large amount of what she labeled as misinformation presented on the Smyrna- Vinings Patch and during Council meeting commentary. She expressed concern over the rancorous comments negatively impacting the positive purpose of honoring WWII Veterans, threatening to drive a wedge between Smyrna and the Legion and belittling the service of the Veterans. She stated she took offense at the Legion being called a private bar and highlighted the numerous community service projects in which the Legion was active, including the Special Olympics, support of veterans hospitals, adopt-a mile, boys and girls enrichment programs, Susan Komen cancer programs,the Veterans Day parade, Shop with a Hero, food — bank, Toys-for-Tots and many others. Ms. Burgess shared that Commander Mazzola had invited both the Mayor and Councilman Lnenicka and was advised that, while they had prior commitments, that either Councilman McNabb or Councilman Wood would be in attendance. She stressed that no apology was required from the City and that Commander Mazzola chose to forego acknowledging all VIPs that day because there were so many in attendance and he could not see them all due to the standing room only in the October 3,2011 5 hall. Ms. Burgess made known that Commander Mazzola announced to all during the ceremony that the Mayor and Councilman Lnenicka had expressed their regret at being absent and that a representative of the IMMO City was present. She stated that her hope was that she had clarified the Legion's position and that all would focus their attention on honoring the Veterans. Mayor Bacon stated that he considered the rapport between the City and the Legion to be exemplary and that, in his opinion, the Legion was one of the best clubs and that he had been a member for nearly 30 years. There was discussion about the accuracy of the Patch and Mayor Bacon talked about the history of the Legion's activity in the community. Mayor Bacon acknowledged Alex Backry, residing at 3459 Shawnee Trail, who reminded all of the October 20th Mayoral debate and encouraged citizens to attend, providing televised information. Mr. Backry questioned the credit rating as stated by Mayor and Council and addressed signage at the Taste of Smyrna. Mr. Backry opined that an announcement of the American Legion event should have been offered at the previous Council meeting. Councilman Newcomb addressed the question about the ratings, clarifying the companies that provided them and Councilwoman Anulewicz explained further that the confusion was a matter of semantics. Mayor Bacon stated that he had never had a political sign on a government building. Mayor Bacon called on Garry Osborne, residing at 1675 Rose Moss Ct. and candidate for Ward 7, who discussed education and the schools in Smyrna, stating his concerns that the negative perception of Smyrna area schools was causing young families to move to other parts of Cobb. He shared that, as a teacher at Campbell High School for 13 years, he would work with the Mayor and Council along with the Cobb County School Board to address this problem. Mayor Bacon recognized Al Graves of 1079 Pinehurst Dr., who questioned why, if purchasing Smyrna Commons was considered a brilliant idea, was the decision to use reserve funds for the bond payoff not made sooner stating that it could have saved interest payments and taxpayer dollars. Mr. Graves addressed the land being used for the playground, opining that the citizens should not have to pay for property owned by Cobb County Schools. He affirmed his support for education but expressed his concern about the motivations for the purchase of Smyrna Commons and the use of taxpayer money, including an assertion that the purchase was made because Mayor and Council considered the police department incompetent. Mayor Bacon clarified that nobody had considered the purchase of Smyrna Commons a brilliant idea or said that the police were incompetent. The Mayor explained that the School Board's decision to approach the City about the property was a recent development. Councilwoman Anulewicz shared that the renovations had been the right thing to do and enhanced the quality of life for residents of that complex. Councilman Lnenicka stated that he found the comments about the level of competency of the police department offensive, especially during public safety recognition week. The Mayor acknowledged Mr. Jason Saliba, residing at 860 Powder Springs St., who shared that he sat on the committee that coordinated public safety week and that, as Assistant District Attorney, he opined that Smyrna had the best police force of any city in the county. He stated his agreement with Councilman Newcomb about the importance of reducing transiency rates and increasing home ownership. Mr. Saliba discussed the South Cobb corridor revitalization, citing the Kroger construction and making known his commitment to continuing that effort. He announced that as a public servant he was qualified to serve on the *+ Council, highlighting that he had been on call for law enforcement for 16 years and would be equally accessible to his constituency. Mr. Saliba shared his dedication to protecting neighborhoods and capitalizing on the increased traffic from the newly completed Windy Mac connector to benefit local businesses. Mayor Bacon recognized Vic Yankouski of 3905 Plumcrest Rd., who announced that he was running for the Ward 7 seat. He shared his background as a mechanical engineer and discussed his campaign efforts. He October 3,2011 6 observed that concerns expressed by citizens involved industrial zoning adjacent to residential parcels and a desire to see the leaf program reinstated. He shared that he had participated in numerous community activities ,including an event at Nickajack where he noticed four Smyrna fire vehicles, one of which he .., shared was displaying another candidate's campaign sign. Mr. Yankouski informed all present that he spoke with Roy Acree, who stated that he would look into the matter, later informing Mr. Yankouski that Mr. Fennel had rented a vehicle upon which he had hung the campaign sign. Mr. Yankouski questioned the practice of renting public safety vehicles funded by taxpayer dollars and Mayor Bacon expressed his surprise, stating that the matter would be looked into and that, to the best of his knowledge, such rentals did not occur. Mayor Bacon acknowledged Donna Woodham of 2616 Hughes Street, who announced her candidacy for Mayor and discussed the property at Smyrna Commons. Ms. Woodham presented that, at one time, it was a park with a lake used for swimming prior to being developed as apartments and that the property there had been purchased and sold by the City several times. She talked about the plans for Windy Hill, that the city was requesting 40 million dollars from the federal government and explained her understanding of how the new road structure would operate, expressing her opinion that it was too complex to be comprehensible and would negatively impact businesses. Ms. Woodham talked about the discontinuation of Smyrna's leaf truck program, detailing that nine employees had been laid off. She stated her support for public safety officials and her opinion that the city's reserve funds should be used to release the five year wage freeze and not utilized for property acquisitions. Mayor Bacon commented that perhaps Harold Smith should be asked to check the assertions presented by Ms. Woodham since, to the Mayor's recollection, that property had not been bought and sold numerous times. He clarified that the City was not seeking 40 million in grants and that he was not familiar with Ms. Woodham's description of the challenges of the proposed Windy Hill design. Councilman Lnenicka corrected the length of time for which city employee wages had been frozen, stating that it had been three years and not five as alleged. Mayor Bacon acknowledged Mr. Corky Welch, residing at 870 Austin Dr., who stated his candidacy for Ward 4 and announced a meet and greet, providing the date and time and inviting all interested parties to attend. He shared his gratitude for Smyrna's public safety officers who recovered his belongings following a break-in at his home. Mayor Bacon called on John Miller of 5104 Afton Way, who formerly announced his candidacy for Ward 1. He shared his commitment to bringing a fresh perspective focused on the challenges ahead and not the accomplishments of the past. Mr. Miller commented that he had received a piece of mail with his address but intended for Ms. Pritchett and delivered it to the Councilwoman. Mayor Bacon recognized Mr. Ron Fennel, residing at 703 Vinings Estates, who introduced all present to his wife Cindy and stated that he would address accusations made earlier regarding his campaign signage. He shared that Vinings Estates had won the friendly competition to help raise funds in support of the Nickajack Foundation, commenting on the large number of students and vast supportive parent network present in his neighborhood. Mr. Fennel informed all that one of his supporters had a City of New York fire truck that Mr. Fennel was being using during his campaign and remarked on the fun, interactive experience it supplied children, assuring all that the City would never be put in a position of having to compromise public service vehicles. He made known that he had served as president of the Atlanta Fire Foundation for the past two and a half years and commented on the large number of people in attendance at the breakfast honoring public safety personnel, expressing his gratitude for those professionals. Mr. Fennel discussed his affiliation with — Teen Georgia, a safe and sober driving coalition in which Fire Chief Stan Hook was active and reminded all of the upcoming elections, providing his website ronfennel.com as well as his phone number. Councilman Lnenicka remarked on the accusation made against the public safety professionals, stating that they don't rent out vehicles. Mr. Fennel emphatically responded that such action should be deemed October 3,2011 7 unacceptable and restated his pride in Smyrna's public safety team. He shared that, through a friend, he was fortunate to have access to a fire truck that he would be using throughout his campaign. Councilman 10•. Lnenicka asked him to clarify the owner of the vehicle in question and Mr. Fennel stated that it belonged to Mr. Carmichael and was a vintage 1974 City of New York engine. Mayor Bacon expressed concern about the number of city vehicles claimed to have been present at the Nickajack event and announced his intention have the matter reviewed. Councilman Newcomb requested that candidates use the public comments portion of the meeting as an opportunity to present themselves and their qualifications, refraining from utilizing the forum for commentary on other candidates. Ms. Judy Ussing stood up and stated that she had been signed up to speak and had not been called. There was discussion as to whether or not she had physically signed the speaker sheet and was reminded of the rule that public speakers could not be signed up by another person. Mayor Bacon agreed to allow Ms. Ussing to speak, emphasizing that it was clearly stated that speakers had to personally sign in. Councilwoman Anulewicz commented that the rule was in place to give each citizen equal opportunity to be heard. Ms. Ussing defended Al Graves' remarks, stating that he had not called Smyrna's police department incompetent, a point that was challenged by several members of the Council. Ms. Ussing brought up an incident regarding comments she had made about Corporal Robert Martin, alleging that Councilman Lnenicka had insinuated she made false claims. Councilman Lnenicka stated that he reported factually the details of a conversation with Mrs. Martin and Ms. Ussing agreed to the details, emphasizing that the dispute was one of semantics and remarks being taken out of context, likening it to the remarks made earlier by Mr. Graves. Councilman Lnenicka stated that he hoped Ms. Ussing's intention was not to use the public MOWN comments forum to bash him for three minutes and Ms. Ussing informed all present of a hearing to take place about an incident involving Glock, inviting all to attend. Ms Ussing thanked the Fire Department and Paramedics for their role in saving her life in 2006. ADJOURNMENT With no further business, the meeting was adjourned at 9:10 o'clock p.m. immo October 3,2011 8 , di I Wid I ■ i 4,1° 1111tamo... A. MAX BACON, MAYOR S AN D. HIOTT, CITY CLERK ' 1' i , / . / _ ..-' \ 6ni k\ -e.-1-4-wS M LEN P' C ETT, WARD 1 RON NEWCOMB, WARD 2 ci- 4,66/ • m peitc. ._. TERI ANULEWICZ, WARD 3 MICH-AL MCNABB, WA 4 (ss i "\--jfillS' ' --/-7,--- ---,,,...._ ,' JI► . • I '+'i • Ti 5 WADE S. LNENICKA, WARD 6 1 t' ('4P.L.t■Ii—w - ,,, CHARLES PETE WOOD, WARD 7