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05-21-2012 May 21, 2012 Mayor and Council Meeting ,,, May 21, 2012 All council members were present except Councilman Welch. Also present were City Administrator Eric Taylor, Assistant City Administrator Tammi Saddler, City Attorney Scott Cochran, Deputy City Clerk Samantha Kasraie, Community Development Director Jennifer Bennett, IT Director Chris Addicks, Library Director Mike Seigler, Keep Smyrna Beautiful Director Ann Kirk, Deputy Public Works Director Frank Martin, Police Chief Stan Hook, Community Development Director Ken Suddreth, Fire Chief Jason Lanyon, Budget Officer Monica Jones, Executive Assistant to the Mayor Christy Ullman, Management Fellow Kevin Klosterboer 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 introduced Pastor Steve Lyle of Smyrna First United Methodist, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that item 6(B) would be tabled. MAYOR'S REPORT: The Mayor announced a proclamation for Poppy Day and asked recipients Marilyn Roy and Janice Lacey from the American Legion Auxiliary Post 160 to approach the podium. The Mayor noted that donations could be given at that time and called on Councilwoman Wilkinson to read aloud the proclamation. Mrs. Roy shared the locations where the legion would conduct their biannual fundraising event to benefit soldiers that had served their country and encouraged all to participate. Mayor Bacon recognized the numerous candidates present and called on former Smyrna Councilman Jim Hawkins, who introduced Judge Roland Castellanos. Mr. Hawkins shared that he had worked with Judge Castellanos at the State Court and endorsed the Judge's Superior Court candidacy. Judge Castellanos shared that he had served three terms on the State Court, was raised in Cobb County, graduated with a law degree from University of Georgia and asked all present for their support in the upcoming elections to be held on July 31st. Marsha Lake congratulated the Mayor on his recent marriage and announced her candidacy for Cobb County State Court Judge. She noted her qualifications as a prosecutor and a private attorney, sharing her endorsement from the Fraternal Order of Police. Ms. Lake made known her commitment to keeping the community safe, effectively applying the law and upholding the Constitution. She asked for support in the upcoming elections and provided her website at www.votelake.com. Drew Ellenberg announced his candidacy for the 6th District of the State Senate. He shared that he had not previously run for office and elaborated on his experience as a local business owner, citing that his manufacturing rep firm had been located in Smyrna and that his family owned and operated Howard's Furniture Store. Mr. Ellenberg made known that he had taken no money from lobbyists or political action committees. He asked that voters send a savvy businessman to represent the interests of the community in the Senate and provided his website at www.drewellenberg.com. Ma_y11.2012 2 Josh Bellinfonte announced that he was running for the 6th District State Senate seat. He shared that his family was from the area, that his father had helped start Smyrna's hospital and that his family was involved in establishing Howard's Restaurant. Mr. Bellinfonte made known that he had never run before .. but that his experience operating a law firm and serving as Governor Purdue's chief counsel would be valuable assets. He invited all to learn more at his website www.joshforsenate.com and encouraged all present to vote for him in the upcoming election. William Llop announced his candidacy for the 11th District of Congress. He stated that he was the owner of a local CPA firm, Atlanta native and had attended Riverwood High School, Atlanta Law School and John Marshall Law School. Mr. Llop shared his platform of tax accountability, job growth, reasonable wages, affordable housing and quality infrastructure. He posited that his CPA background would be beneficial in dealing with budgeting as well as evaluating the appreciation schedules of real estate. Mr. Llop called for a hardening on business consolidations and a cessation of rewarding mediocrity. He asked all present for support of his grass roots campaign in the upcoming election. 4. LAND ISSUES/ZONINGS/ANNEXATIONS: Approval of Ordinance#2012-08 - Annexation request (100% of owners requesting annexation) - Land Lot 632, 17th District, 0.35 acres of Parcel 33, 2751 Mathews Street, 2nd Section, Cobb County (TA) Mr. Taylor provided the background that the new owner was renovating the property and wanted to be incorporated into the city to gain access to city services. Mr. Taylor made known that all legal documents had been submitted and approved and that staff recommended approval of the annexation. Councilwoman Anulewicz inquired if the owners were present and asked if there was any public comment. There was none. MOTION: Councilwoman Anulewicz moved to approve #2012-08 - Annexation request (100% of owners requesting annexation)—Land Lot 632, 17th District, 0.35 acres of Parcel 33, 2751 Mathews Street, 2nd Section, Cobb County. Councilman Lnenicka clarified that the parcel would be annexed into Ward 3. Motion was seconded by Councilwoman Pritchett and approved 6-0. Mayor Bacon announced for the record that Councilman Welch was out of town on business. 5. PRIVILEGE LICENSES: The Mayor stated that there were none. 6. FORMAL BUSINESS: (A)Public Hearing- Proposed Budget for FY 2013 (TA) Mr. Taylor announced that Georgia state law required municipalities to adopt a balanced budget and conduct public hearings prior to adoption. He called on budget officer Monica Jones, who delivered a presentation of the proposed budget that included an overview of the general fund. She highlighted that the last time the millage rate was increased was 1991 and that the $1 fuel surcharge had been eliminated with decreases to delinquent property tax fines. She referenced the funds allocated for the Tyler Munis and fire services replacement gear as well as discussing staffing changes that resulted in cost savings. Ms. Jones noted that the fleet maintenance vacancy was funded for the fiscal year because the bio-diesel facility was coming online. She reviewed the Capital Improvement Projects budget that included replacement vehicles May21,2012 3 and lease payments for Tyler Munis in addition to equipment and facility upgrades throughout city offices. Ms. Jones went over the Special Revenue Fund and stated that decreases were a result of expired federal MPOPF funding for the fire station and bio-diesel plant. Her analysis of the self-supported Water and Utility Fund showed increased expenditures due to infrastructure upgrades. She shared that the Cobb Water Authority had raised their wholesale cost by 8% and 4% respectively and that those increases were reflected in the budget. The Mayor announced that this was a public hearing and the first reading of the budget. He stated that a second hearing would be held on June 4th prior to the adoption of the budget and shared that copies were available to interested parties. There was no public comment. Councilwoman Anulewicz emphasized that the public hearing was the first part of the budget process. She encouraged community feedback and relayed that the previous year's budget had been adapted following citizen inp 't about hours at the community center. The Councilwoman reminded all present that Mayor, Council and staff could be reached at any point and provided contact information. Councilwoman Anulewicz lauded the City's ability to balance the budget without an increased millage rate, furloughs, layoffs or service and public safety cuts. She remarked on the efforts of staff in accomplishing a balanced budget with a surplus. Councilman Lnenicka stated that there would be further discussion on the details of the budget as part of the approval process. He recognized the efforts of Ms. Jones, announcing that she had accepted a position in the Midwest. The Councilman made known that she had been the first management fellow and, based on her exemplary performance, the City had extended that program. He thanked her for her work and the Mayor commented on Ms. Jones successful growth at the City. (B) Approval of water rates for FY 2013 (TA) The Mayor announced this item would be tabled. MOTION: Councilwoman Anulewicz moved to table approval of water rates for FY 2013 until June 4, 2012. Motion was seconded and approved 6-0 (C) Approval of Ordinance 2012-09 - amending Article VI, Chapter 2, Section 2-221 of City of Smyrna Code of Ordinances designating City Clerk as Open Records Officer (TA) Mr. Taylor explained that the ordinance was being modified to comply with the HB 397, designating the City Clerk as the Open records officer. Councilwoman Anulewicz commented on the contributions of Sam Olens in authoring this legislation. MOTION: Councilwoman Anulewicz moved to approve Ordinance 2012-09 - amending Article VI, Chapter 2, Section 2-221 of City of Smyrna Code of Ordinances designating City Clerk as Open Records Officer. Councilman Lnenicka clarified the open records officer was Susan Hiott. Motion was seconded and approved 6-0. (D) Approval of Ordinance 2012-12 suspending until June 18, 2012 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances (RF) Mr. Taylor shared this item had been tabled several times and was still undergoing evaluation. May/1,2012 4 MOTION: C ouncilman Fennel moved to approve Ordinance 2012-12 suspending until June 18, 2012 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Motion was seconded and approved 6-0. (E) Authorize a Resolution and Declaration of Taking, acquiring 955 Concord Road for public transportation purposes (CW) Mr. Taylor stated that Council had voted to give authorization for staff to commence condemnation proceedings of 955 Concord Rd. for public transportation purposes. Mr. Taylor informed all present that the appropriate paperwork had been completed and that staff recommended approval MOTION: Councilwoman Anulewicz moved to approve a Resolution and Declaration of Taking, acquiring 955 Concord Road for public transportation purposes. Motion was seconded by Councilwoman Pritchett and approved 4-0 with Councilman Fennel and Councilwoman Wilkinson opposed. 7. COMMERCIAL BUILDING PERMITS: Mayor Bacon stated that there were none. 8. CONSENT AGENDA: The Mayor called on Mr. Taylor, who read aloud the consent agenda items. (A)Approval of May 7, 2012 Mayor and Council Minutes (B) Approval and adoption of two revised disciplinary personnel policies regarding Appeals and authorize Mayor to execute documents (C) Approval and adoption of five revised and/or new personnel policies regarding Risk Management and authorize Mayor to execute documents (D) Approval and adoption of three revised general personnel policies regarding Definitions, Smoking/Tobacco Use and Drug &Alcohol and authorize Mayor to execute documents (E) Approval to use Council Chambers on June 28, 2012, 7:30-9:30 p.m. for Williams Park Neighbors in conjunction with Smyrna Historical Society meeting MOTION: Councilwoman Pritchett moved to approve the Consent Agenda. Motion was seconded by Councilman Fennel and approved 6-0. COMMITTEE REPORTS: Councilwoman Pritchett extended her gratitude to Ms. Jones and the budget team for their efforts in compiling the budget. There was no report from the City Clerk's office. Councilwoman Blustein commended Ms. Jones on her presentation and wished her success in her future endeavors. May 42012 5 Councilwoman Anulewicz echoed the accolades bestowed on Ms. Jones and thanked her for the work she had contributed to producing the budget. The Councilwoman stated that there was no report from Community Relations and mentioned the upcoming Memorial Day celebration. She announced that her next quarterly meeting would be held on Sunday, July 29th with details to follow. She stated her support of moving forward with item 6(E). Councilwoman Wilkinson thanked Ms. Jones for her assistance in understanding budget issues. She called on Mike Seigler, who shared the events taking place at the Library including the summer reading party, pajama party carnival, princess party, dream big program, solar astronomy program, epidemic theater performance and current exhibits. Steve Ciaccio announced that the summer recreational activities program schedule was available online and in select facilities and invited all to visit www.smyrnacity.com. Ann Kirk thanked everyone for their efforts on the garden tour which raised approximately $10,000 for trees for Brawner Park. Councilwoman Wilkinson commented that she had enjoyed the tour. Councilman Lnenicka announced that both the Atlanta Rd. and Campbell Bridge projects were nearly completed. He invited everyone to attend Smyrna's Memorial Day Ceremony on the Village Green hosted by the Smyrna Veteran's Committee, American Legion Post 160, Veteran's Memorial Assoc. of Georgia and Smyrna Rotary Club. He informed all present of the key note speakers, displays, activities and participating community businesses and organizations. Councilman Lnenicka reminded all of the significance of Memorial Day as a commemoration of those who had given their lives in service of the country. Councilman Fennel thanked Ms. Jones for her service and called on Chief Hook, who delivered a report on April statistics from the police department. There was no report from the fire department. Councilman Fennel shared that he would be attending the Atlanta Regional Military Affairs Council where Governor Deal would be addressing participants. He thanked fire, rescue and police personal for their service, encouraging citizens to do likewise. The Councilman noted the passing of his good friend and founder of Atkins Park, Warren Bruno. He commented that Mr. Bruno had succumbed to a battle with cancer and had been a great humanitarian and leader in the City. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Alex Backry of 3459 Shawnee Trail commented on the addition of islands and a center median on Atlanta Rd. He shared that he had experienced no traffic problems on that corridor in 31 years and stated that funds should have been allocated to conduct repairs on existing infrastructure. Mr. Backry opined that the Atlanta Rd. improvements would result in aggravated traffic conditions. He brought up the stalled Concord Rd. project and questioned the City's actions in moving forward with that development. Mr. Backry noted that citizens would have liked a traffic signal installed at McCauley. He requested the City conduct a town hall or informational meeting with Croy about the Concord Rd. project. opopmer Alice Glover, residing at 1165 Hill St, expressed her gratitude to Councilwoman Anulewicz for keeping citizens informed of happenings in Ward 3. Ms. Glover shared that when the Atlanta Rd. project was first being planned the residents on Hill St. were told they could access the main corridor from a nearby street. She stated that the actual design being built did not facilitate this. She informed everyone present that cars attempting to pull out onto Atlanta Rd. could not fit in the median, which resulted in a hazardous condition M ay 2i 2012 6 where a vehicle was hanging out into oncoming traffic. She requested that Council consider reopening Hughes St. in conjunction with the construction of the new elementary school. Ms. Glover noted that this would improve traffic conditions by allowing residents to take advantage of the traffic signal at Fleming St. Mayor Bacon commented on the departure of two key employees in the finance department that had recently taken positions elsewhere to be closer to family. The Mayor thanked Ms. Jones and lauded the management fellow program that had brought her to the City. ADJOURNMENT With no further business, the meeting was adjourned at 8:37 o'clock p.m. 44442-avfrt) 1(1)' /71.2(942X1—'. A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK MELLENY 'RITCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 /s •ik e I PR •NULEWICZ, W 3 CHARLES A.WELCH, WARD 4 10 / / .1115l 4/. " —s SUSAN WIL I SON, WARD 5 WADE S. L ENICKA, WARD 6 Lip_ Re FE 1'EL, WARD 7 (1::may, y1%\ CITY OF SMYRNA i -� . .-i:�s r j A. MAX BACON MAYOR VETO Please be advised that I am hereby vetoing the action taken on the Consent Agenda Items, B, C, and D of the May 21, 2012 Mayor and Council Meeting. All other items of the Consent Agenda(A and E) shall remain unaffected by this veto. I am officially vetoing the approval of Items B, C and D of the Consent Agenda. Items vetoed are: (B) Approval and adoption of two revised disciplinary personnel policies regarding Appeals and authorize Mayor to execute documents (C) Approval and adoption of five revised and/or new personnel policies regarding Risk Management and authorize Mayor to execute documents and (D) Approval and adoption of three revised general personnel policies regarding Definitions, Smoking/Tobacco Use and Drug & Alcohol and authorize Mayor to execute documents. The reason for the veto is that there was insufficient time to review the policies, and more time is needed to analyze and substantiate the information. The clerk is directed to file this veto and enter it on the minutes this 24th day of May, 2012. A. Max Bacon, Mayor C— Council City Administrator Eric Taylor Assistant City Administrator Tammi Saddler City Clerk Susan Hiott City Attorney Scott Cochran Human Resources Director Kay Bolick Georgia Municipal Association and Georgia Trend Magazine 2003-2004 "City of Excellence" Urban Land Institute's 97 Award of Excellence for the Best Public Project ORDINANCE 2012-08 EXHIBIT A All that tract or parcel of land lying and being in Land Lot 632 of the 17th District,2nd Section, Cobb County, Georgia,according to a plat by W. T. Poston,Registered Surveyor, dated October 27, 1964,and being more particularly described as follows: BEGINNING at a point located on the east side of Mathews Street 840 feet from Spring Road and Mathews Street intersection; thence running easterly 192 feet to an iron pin and post; thence northerly 80 feet along said fence to an iron pin and post; thence westerly 192 feet to an iron pin located on the east side of Mathews Street;thence southerly along the east side of Mathews Street a distance of 80 feet to the point of BEGINNING, being improved property with a frame house thereon. ROM OAPS APPENDIX •`• TC EXHIBIT •a" -\j ° -,4.'3. 3i!'7� z 3 ,, S „ I . ?, D € 2 0 1 T - iT 11 ,�a CI 1 '4 or s o Zi 2 M o a5 • 0o2 � • _� 3 3733,31 s3i ' •)iJ� II < , t -< I 6 =S n ,.. m xZ a - — 13< � s m Z a4 1 1,.. pi i Mir oA a • -fir , -_ , go I- - ) z v "o1 L z __ ■ \ 7-• \G b1 " 8'A vg$1 F I S co \ \\7 A c. oler g \ `\� ".\ \. q rte, _f_.'\.�`� \ 1 �a ,iN® '�H,tT g- -U. mow , L3 , \ 4 \, \V v Oe:j.,5 PP"-- sr., '_ 1 z 8J,45 i C 4 , • F,P• WAR9 ;la F�L iT_8 C Z = 1 Q.. N 1 ,-2., e�vO f �p .$0 ti m0.0 Q4'9 F F , y�5 F F q , 1.4 p= RA g 1 PJ! k.A A I�' n 5 , s2,":i oN T O EP2 m m N Wu N 2 :I." FF\N "S ,, yom° cc F 2 R o2 (QP ^S ,, Pg=AA' 5 ,q pA P Q Q W J m � O F s R c a c fli �o `g , m y n, Ag � 5 o " - . < y 4 vii ."Ti -,1,...!1 1 Az z ° zi va m \ _ Q� A n 3 21 0 GRID NORTH 0 m vA C4� � $ gm A� � y )i49 A ° z� ny ,,. n a °c — g. _ 0 .( ,c,...0, „ n� * ET, oc ; ACm<m a Z n y -y+t . °NEm CIORCIA WEST ZONE- MAD 83 P. I n R ° q n m2 m !, 1 m (NSRS 2007) m as mi � m A� ; >g Q m g MM. f po> f z mic o 88 CROY N. , BOUNDARY SURVEY FOR E^;'P0 r' r Id S., .d: 02/21/12 SHEET NO. CM OF SMYRNA Suaveyorz Drown Br IDE 9 666 CONCORD ROAD a..e.d Br OH OF LAND TAT 462 OF THE 17TH DISTRICT, 2ND SECTION as r.m r...owes..m..><«. 0.1.01 vml: 07/22/17 11111,1 MME 02/202 \ CITY OF SITYRNA. COBB COUNTY. GEORGIA •.••p.1.r....7 r m••lws .l.: 1•..o.,,N.. REVISION D.1. / I APPENDIX "3" TO EXHIBIT "A" WNW AFFIDAVIT OF BRUCE R. PENN Personally, comes Bruce R. Penn, of Penn Hastings & Associates, 5 1 6 5 L a V i s t a Road; Tucker. Ga 3 00 8 4 - ,who after being sworn, deposes and states as follows: • 1. Affiant was employed by the City of Smyrna to appraise 955 Concord Road. Smyrna for said City and makes this sworn statement to be used in connection with condemnation proceedings under the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, for the acquisition of said property. 2. Affiant is familiar with real estate values in said city and in the vicinity where said property is located. Affiant has personally inspected the property and rights to be condemned. In appraising said property affiant took into consideration the Fair Market Value of said parcel, as well as any consequential damages to any remaining property of the Condemnees by reason of the taking and the use of said parcel, and other rights for the construction of said project, and any consequential benefits which may result to said parcel by reason of such taking and use (consequential benefits not, however, considered except as offsetting consequential damages). After said investigation and research, affiant has thus estimated the just and adequate compensation for said parcel, and any consequential damages or benefits considered, is in the amount of$256,875. /VC _■1 Bruce R. Penn Certified General Appraiser Certification C0000228 Sworn to and subscribed before me this \ ay of May, 2012. \.,,`, 0V \\\ \.__C L,101.5.M1--3-7- .q-P EXPIRES m Notary blic ' ' GEORGIA � FEB.5,2014 z { ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2012-08 Land Lot 632 Acres 0.35 WHEREAS,the City of Smyrna is authorized pursuant to Title 36,Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS,the owners of 100 percent of the land described in Exhibit"A"attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna,this 21st day of May, 2012. A. Max Bacon, Mayor & ,i Su..n D. Hiott, City Clerk City o Smyrna Scott A. Cochran, ity - . -• City of Smyrna 3 ORDINANCE 2012-09 ±o-- AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED THAT ARTICLE VI, RECORDS MANAGEMENT, CHAPTER 2, SEC. 2-221 READS DOCUMENT RETENTION, OPEN RECORDS AND THAT THE CITY CLERK IS THE OPEN RECORDS OFFICER NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,that the Code of Ordinances of the City of Smyrna, Georgia, Article VI of Chapter 2, Section 2-221 is amended to read as follows: Section 2- 221 —Document retention—Open Records Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et. Seq., the City of Smyrna adopts the records management plan and record retention schedules recommended by the Georgia Secretary of State as amended from time to time by future resolutions of the Mayor and Council of the City of Smyrna. The City Clerk shall coordinate all records management for the City including storage, archiving, and destruction of records. Records shall be maintained according to approved retention schedules. All requests made under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et. Seq., excepting standardized routine requests of the Smyrna Police Department, the Smyrna Fire Department, and Smyrna Municipal Court shall be made to the City Clerk who is the designated Open Records Officer. No record shall be destroyed except as provided in the approved retention schedule, provided, however, a written record may be destroyed if it is otherwise preserved by means of microfiche, scanning or other reliable photographic or digital means. Changes to the retention schedules shall be adopted by resolution SPIPIO of the Mayor and Council. 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. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City ,f a, G gi this 21st day of May, 2012. �� A. Max Bacom. Mayor • , , Attest: ___,', / r P, Susan D. Hiott, MC City Clerk """' Appr• ed as to Legal Form: 1L Scott Coc ran, Attorney 1 two ORDINANCE NO. 2012-12 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 June 18, 2012. 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 21st day of May, 2012 Att t: A. Max Bacon, Mayor ICJ YLes1-7Y--. Susan D. Hiott, City Clerk City of Smyrna App vie ved as to form: / / Scott A. Coch . , i y Attorney City of Smyrna .r \ / CITY OF SMYRNA A. MAX BACON MAYOR VETO RESCINDING Please be advised that I am hereby rescinding the May 24, 2012 veto of the action taken on the Consent Agenda Items, B, C, and D of the May 21, 2012 Mayor and Council Meeting. I am officially rescinding the vetoing of the approval of Items B, C and D of the May 21, 2012 Consent Agenda. Items vetoed were: (B) Approval and adoption of two revised disciplinary personnel policies regarding Appeals and authorize Mayor to execute documents (C)Approval and adoption of five revised and/or new personnel policies regarding Risk Management and authorize Mayor to execute documents and (D) Approval and adoption of three revised general personnel policies regarding Definitions, Smoking/Tobacco Use and Drug & Alcohol and authorize Mayor to execute documents. I am rescinding the veto because Council has been given additional time to review the policies, and Council has not expressed any issues or concerns. The clerk is directed to file the rescinding of the May 24, 2012 veto and enter for the per •. r-t records this 9th day of July, 2012. A. Max Bacon, ayor C— Council City Administrator Eric Taylor City Clerk Susan Hiott City Attorney Scott Cochran Human Resources Director Kay Bolick Georgia Municipal Association and Georgia Trend Magazine 2003-2004 "City of Excellence" Urban Land Institute's 97 Award of Excellence for the Best Public Project