06-04-2012 June 4, 2012 Mayor and Council Meeting
June 4, 2012
All Council members were present. Also present were City Administrator Eric Taylor, Assistant City
Administrator Tammi Saddler, City Attorney Scott Cochran, City Clerk Susan Hiott, IT Director Chris
Addicks, Police Chief Stan Hook, 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 Mr. Tim Gibson of the IGO Church, who conducted the invocation and led all
present in the pledge to the flag.
2. AGENDA CHANGES:
The Mayor stated that item 6(D) would be tabled.
3. MAYOR'S REPORT:
The Mayor recognized the candidates present in the audience and called on Marsha Lake.
'"""' Ms. Lake announced her candidacy for Cobb County's open State Court Judge seat. She shared that an
election would be held July 3 Pt and asked all present to vote for her based on her experiences as a
prosecutor for the DA's office and her background as a private attorney. She made known her website at
www.votelake.com.
Mike Boyce announced that he was running for the position of County Chairman. There was discussion
with the Mayor about the congeniality of the race amongst the four candidates.
Van Pearlberg made known his candidacy for Superior Court Judge. He stated that he had 36 years of
experience including 12 in private practice, a position as the Associate Municipal Judge for Marietta,
Deputy Chief Assistant DA and former Councilmember for Ward 4 in Marietta. Mr. Pearlberg shared that
he was awarded with the 2009 Assistant DA of the year and was endorsed by the Fraternal Order of Police.
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
The Mayor stated that there were none.
5. PRIVILEGE LICENSES:
The Mayor stated that there were none.
6. FORMAL BUSINESS:
(A) Approval of water rates for FY 2013 (TA)
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June 4,2012
The Mayor stated that this item was applicable to sewer rates as well as water and called on Mr. Taylor to
provide the background. Mr. Taylor explained that every year the city's water department, in conjunction
with staff and Council, reviewed water rates. He made known that the Cobb Water Authority charged an
8% automatic water increase and that sewer was subject to a 4% increase. Mr. Taylor noted that staff
recommended that water rates pass through at an 8% increase and read aloud the tiered schedule of charges.
Councilwoman Anulewicz explained that the City paid wholesale rates that were passed on directly to both
residences and businesses. She elaborated that traditionally those rates increase occurred annually and were
scheduled to be raised 8% each year until 2018. The Councilwoman stressed the importance of passing
along these charges to maintaining a fiscally responsible government. She clarified that the water rate was
set by the CCWA and that sewer rates were set by Cobb County.
MOTION: Councilwoman Anulewicz moved to approve water rates for FY 2013. Motion was seconded by
Councilwoman Pritchett and approved 7-0.
(B) Adoption of FY 2013 Budget (TA)
The Mayor called on Mr. Taylor, who relayed that the required annual public hearing of the budget had
been conducted at the previous council meeting. Mr. Taylor stated his understanding that there was still
work to be done and that the item would be tabled. The Mayor confirmed that several items were still under
review and that the vote would be held on June 18, 2012.
Mayor Bacon called on Mr. Klosterboer, who delivered a presentation on the updated budget proposal. Mr.
Klosterboer stated that the total for the special revenue fund had increased due to added budgeting for the
construction of the new fire station. He noted that millage rates and the general fund remained unchanged.
The proposed budget forecasted a rise in fuel prices and took into account state mandated turnout gear
replacement for the fire department as well as an anticipated increase in utility expenses from Georgia
Power. Mr. Klosterboer detailed that the IT budget included Tyler Munis lease payments. He observed that
the decrease from the previous year was a result of the termination of the federal biodiesel incentive. Mr.
Klosterboer stated that the water fund remained unchanged and reflected both the 8% and 4% increases.
The Mayor stated that this was a public hearing and asked for input. Councilwoman Anulewicz encouraged
citizen questions and comments. There were none. Councilman Fennel stated that Council and staff were
working to finalize details and ensure continued fiscal responsibility. The Mayor stated there would be a
vote on June 18th. Councilwoman Pritchett noted that historically the budget was passed at the first
meeting of June and stressed that tabling the item did not mean that the budget process was running behind
schedule.
Councilwoman Anulewicz stated that she would not be in attendance for the vote due to a family
commitment. She observed that news outlets reported many municipalities throughout the state were
contemplating layoffs, millage rate increase, public safety cutbacks and other austerity measures. She
assured residents that no such actions were being considered by Smyrna and cited the city's construction of
a new fire station as positive growth and a sign of fiscal health. ...W
June 4,2012 3
MOTION: Councilwoman Anulewicz moved to table adoption of FY 2013 Budget. Councilwoman
Pritchett seconded the motion and it was approved 7-0.
(C) Approval of Ordinance 2012-11, amending Article I, Chapter 102, Section 102-7 Water and sewer
rates - City of Smyrna Code of Ordinances (TA)
Mr. Taylor mentioned that the Cobb County Board of Commissioners and Water Authority annually
approved the pricing increases for water and sewer. He noted that in August 28, 2007 a rate schedule was
adopted that called for annual adjustments of 8% and 4%. Mr. Taylor shared that this ordinance would
allow rates to automatically coincide with any county increases. He made known that staff recommended
approval.
Councilwoman Anulewicz announced the Water Authority's decision to increase rates 8% every year until
2018. She explained that this ordinance would assist in protecting residents by ensuring that any increases
were responsibly passed on to consumers and commensurate with County rate changes.
MOTION: Councilwoman Anulewicz moved to approve Ordinance 2012-11, amending Article I, Chapter
102, Section 102-7 Water and sewer rates - City of Smyrna Code of Ordinances. Motion was seconded by
Councilwoman Pritchett and approved 7-0.
(D) Public Hearing- Approval of Ordinance 2012-05 adding Article VIII, Sections 22-315-330, a Filming
Ordinance to Chapter 22 of the City's Code of Ordinances (AB) Tabled from April 2, 2012 - Tabled from
May 7 meeting to June 4, 2012 meeting- To be tabled to July 2, 2012 meeting
MOTION: Councilwoman Blustein moved to table Public Hearing- Approval of Ordinance 2012-05 adding
Article VIII, Sections 22-315-330, a Filming Ordinance to Chapter 22 of the City's Code of Ordinances to
July 2, 2012 meeting. Motion was seconded by Councilwoman Pritchett and approved 7-0.
7. COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
8. CONSENT AGENDA:
The Mayor read aloud the consent agenda items.
(A) Approval of May 21, 2012 Mayor and Council Meeting Minutes
(B) Award Quotation 12-C Community Center Kitchen HVAC to JR Nichols Co. for $19,410.00 as the
lowest bidder and authorize the Mayor execute any related documents
MOTION:
Councilwo:nan Pritchett moved to approve the consent agenda. The motion was seconded by Councilman
Welch and approved 7-0.
COMMITTEE REPORTS:
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June 4,2012
OBIENIM
Councilwoman Pritchett confirmed there was no report from court. She made known that Ms. Bennett and
Mr. Addicks had been working with Granicus to install the new system and that the projected operational
date was sometime in the fall.
Councilwoman Blustein yielded with no report.
Councilwoman Anulewicz stated there was no report from Community Relations and encouraged all to
attend the upcoming first concert of the summer series. She informed all present that Radio Disney would
be conducting their Great American Road Trip on June 16th with information to be made available on the
City's public relations sites. The Councilwoman reminded all of Smyrna's Fresh Market and relayed her
positive opinion of the vendors and products offered.
Councilman Welch that there was no report from Keep Smyrna Beautiful or Public Works and yielded the
floor.
Councilwoman Wilkinson reminded all about the upcoming father daughter dance at the Wolfe Center and
provided details of how to attend.
Councilman Lnenicka expressed his gratitude to the citizens in attendance at the city's Memorial Day
ceremony. He shared that guest speaker and Medal of Honor winner James Livingston commented on the
quality of Smyrna's program as among the best he'd attended. Councilman Lnenicka acknowledged the
presence of the Mayor's mother at the event. He recognized the contributions of retiring Smyrna Veteran 'Pima'
Committee member Joe Bland, extending his appreciation for Mr. Bland's contributions to the community.
Councilman Fennel offered an update on the progress at fire station #5 and called on Chief Hook to discuss
activity in the police department. The Chief shared the status of recovering Officer Crawford and provided
details about three other motorcycle officers that had been involved in incidents, including one that had
occurred earlier that day involving Officer Waldrop. The Mayor commented on the number of accidents in
the past year and there was discussion about the details of Officer Crawford's incident. Councilwoman
Pritchett inquired about the vehicles involved and Chief Hook remarked that the officers were all
experienced and excellent riders. Councilman Lnenicka asked the Chief to keep Council updated.
Councilman Fennel praised the efforts of public safety staff, encouraging citizens to express their gratitude
to those personnel. Councilman Fennel made known that Whitfield Academy had won a championship for
Tennis and that those students would be formally recognized. He reminded all of the upcoming
transportation informational session where citizens could learn more about the TSPLOST projects. The
Councilman announced that non partisan groups would talk about what was in the proposal and that John
Bachman would moderate. He encouraged citizens to attend the open forum to hear about the ballot
question and have their questions addressed.
Mr. Cochran informed all present of the outreach program in which his daughter was participating and that
she had travelled to Ethiopia to lead music groups for children.
The Mayor commented on the Veteran's Memorial event, praising its success and stating his support of the
earlier start time.
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June 4,2012
SHOW CAUSE HEARINGS:
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Mayor Bacon stated that there were none.
CITIZEN INPUT:
Alex Backry of 3459 Shawnee Trail remarked on a business moratorium being voted on by the City of
Woodstock and expressed that he would like to see Smyrna and South Cobb Dr. flourish. Mr. Backry
expressed his concerns about the potential usage of the property located on Concord and King Springs. He
stated that the City had utilized general funds to acquire the parcel and that proposed plans to establish a
park offered no capital return on investment to the tax payers as a whole. Mr. Backry expressed his opinion
that government should remain out of private enterprise and that Smyrna already had sufficient park space.
He commented that resources could have been used to restore the leaf program.
Al Graves of 1079 Pinehurst Dr. shared his concern about the lack of consistency in the painting of center
lines on recently paved roads. He pointed out the hazards of unmarked roads and requested that a policy be
put in place to ensure roads were painted promptly.
ADJOURNMENT
With no further business, the meeting was adjourned at 8:10 o'clock p.m.
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A. MAX BACON, MAYOR SU' AN D. HIOTT, CITY CLERK
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ME. L P r TT, WARD 1 ANDREA BLUSTEIN, WARD 2
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TERI ANULEWICZ, WARD 3 CHARLES A.WELCH, WARD 4
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SUSAN WILKINSON, WARD 5 WADE S. LNENICKA, WARD 6
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RON ENNEL, WARD 7
ORDINANCE NO. 2012-11
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,
GEORGIA, THAT SECTION 102-7 WATER AND SEWER RATES AND
RECONNECT FEES, OF ARTICLE I, CHAPTER 102, UTILITIES BE AMENDED AS
FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
Sec. 102-7.-Water and sewer rates and reconnect fees.
Water and sewer service rates and reconnect fees shall be as prescribed by the mayor and
council, schedules of which are on file in the city clerk's office. Service rates shall
periodically adjust in the same manner and at the same percentage that the rates that suppliers
or service providers charge the city and the adjustment shall become effective at the time that
the new rate charged by the supplier is effective. Reconnect fees shall be as prescribed by the
mayor and council, schedules of which are on file in the city clerk's office.
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 4thth day of June, 2012
Attest: A. Max Bacon, Mayor
•l,_1 ,u / r /I
S an D. Hiott, City Clerk
City of Smyrna
A.1 roved to form:
Scott A. oc an, City Attom-
City of Smyrna