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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) 9 2 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: 4 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. 5 June 4,2012 SHOW CAUSE HEARINGS: WON 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. mom EL ,O. 7 A. MAX BACON, MAYOR SU' AN D. HIOTT, CITY CLERK / (i../. 17/ ef..A.,,'--(:_. ( i ME. L P r TT, WARD 1 ANDREA BLUSTEIN, WARD 2 U.,,,gue 6 Li 4,0, TERI ANULEWICZ, WARD 3 CHARLES A.WELCH, WARD 4 / ,, m A., . / SUSAN WILKINSON, WARD 5 WADE S. LNENICKA, WARD 6 ,,,,,, '- MOM 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