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07-02-2012 July 2, 2012 Mayor and Council Meeting July 2,2012 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, Community Development Director Ken Suddreth, Management Fellow Jessica Melton 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 7:37 o'clock p.m. Mayor Bacon acknowledged Pastor B. Dwayne Hardin of The Embassy, who conducted the invocation and led all present in the pledge to the flag. 2. AGENDA CHANGES: The Mayor stated that a public hearing item needed to be added to the agenda under formal business. He announced that the hearing regarding requirements for day nurseries and kindergartens had been advertised in the local paper despite being tabled by Planning and Zoning. He shared that this came to the his attention just prior to that evening's meeting and offered his apologies to those citizens to whom he had given assurances the item would not be included. Mayor Bacon stated that because it had been advertised it had to be added to the agenda but could be tabled once in place. MOTION: Councilwoman Wilkinson moved to suspend the rules to add an item to the agenda. Motion was seconded by Councilman Lnenicka and a procedural point was clarified by Councilwoman Pritchett. Motion carried 7-0. MOTION: Councilwoman Wilkinson moved to add the item to remove 703.2 from the R-15 zoning. Motion was seconded by Councilman Lnenicka and Councilwoman Pritchett clarified a procedural question. Motion was approved 7-0 The Mayor made known that the item would be 6(C) 3. MAYOR'S REPORT: Mayor Bacon acknowledged Marsha Lake, who announced her candidacy for Cobb County State Court Judge. She explained that the state court oversaw criminal misdemeanors and informed all that voting would take place on July 31st, with early voting starting July 9th. Ms. Lake stated that she was endorsed by Cobb County law enforcement and provided her website at www.votelake.com. Justin O'Dell stated that he was running in the Democratic primary ballot to represent District 41 in the state house, the seat formerly held by Terry Johnson. He made known that redistricting resulted in District 37 now being called District 41 and outlined the revised boundaries that included portions of Smyrna. He stated that he had been an attorney in Marietta for 10 years and requested the support of those present. 2 July 2,2012 William Llop provided his background as a CPA and announced that he was seeking the Republican nomination to the 11th Congressional District. He commented on redistribution of wealth over the past decades and stated that he would support the creation of jobs through tax code reform. He shared his desire to reduce corporate tax, lower the minimum tax and support term limits in Washington. He noted his experience as a small business owner and commented on the impact of the recent Supreme Court rulings regarding immigration, healthcare and the allowance of corporate and union campaign contributions. Mr. Llop remarked on the need for educational reform and affirmed his support of small business. Reuben Green, Superior Court Judge and former U.S. Marine and prosecutor announced his candidacy. He stated that it had been an honor to serve his country and community. Mr. Green elaborated on his commitment to ensure the justice system was fair, efficient and held criminals accountable. He stated that he was endorsed by the Fraternal Order of Police, District Attorney Pat Head and Attorney General Sam Olens. He asked for the support of the citizens of Smyrna citizens and encouraged all present to visit his website at reubengreen.com. Hunter Hill shared that he was running for the State Senate 6th district that encompassed Smyrna, Vinings, Buckhead and Sandy Springs. He shared that he had run before and requested the support of all present on July 31St. Mr. Hill explained that he was committed to making Georgia an economically competitive state in order to encourage businesses and create opportunities at the state and local levels. He noted that he was the only Republican candidate from Cobb, a graduate of Westminster and West Point. Mr. Hill made known that he was an Army Ranger and completed three tours of duty in Iraq and Afghanistan. He stressed the importance of leadership experienced with making tough decisions. NNW Connie Taylor announced that she was running for Cobb County Commissioner of District 4. She stated that she was currently working with the Tax Assessor's Board and that her experience included participation on the SPLOST oversight committee, 18 years of experience with federal grant compliance and service on the Cobb Parks Board among others. She shared her website of www.electconnietaylor.com. The Mayor mentioned that Judge Ken Nix was faced with a health issue and asked all to keep him in their thoughts. He shared that Judge Nix had sworn him into office each time until his retirement. 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) Appointment to Tree Board - Ward 4 (CW) MOTION: Councilman Welch move to appoint Kate Conner to Ward 4 Tree Board for a term to expire August, 2012. He shared that she was currently working with Trees Atlanta and noted her strong resume. Motion was seconded by Councilwoman Pritchett and approved 7-0. July 2,2012 WINN 3 (B) 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 meeti ig to June 4, 2012 meeting - Tabled to July 2, 2012 meeting - To be tabled until August 20, 2012 The Mayor read aloud the item and announced that it would be tabled until August 20th MOTION: Councilwoman Blustein moved to approve Ordinance 2012-05 adding Article VIII, Sections 22- 315-330, a Filming Ordinance to Chapter 22 of the City's Code of Ordinances be tabled until August 20, 2012. Motion was seconded by Councilwoman Pritchett and approved 7-0. The Mayor introduced item 6 (C) that had been added under agenda changes. He stated that it was a public hearing amending section 703 of the zoning ordinance requirements for day nurseries and kindergartens. Mr. Taylor made known that the item was added at the request of Councilwoman Wilkinson to allow all provisions related to allowing daycare and nursery schools from RI5 zoning. The Mayor apologized for the misunderstanding about the item being advertised and for his communication with some citizens that it would not be on that evening's agenda. He reiterated that the public hearing had been advertised and the addition was a result of that action. Councilwoman Pritchett explained that Community Development placed an ad based on the potential approval of the item by the Planning and Zoning Board. She elaborated that the City does not have a policy "u" to cancel an ad in the event an item is tabled and that had resulted in the misunderstanding surrounding this public hearing. MOTION: Councilwoman Wilkinson moved to table 6 (C), removal of amendment to zoning ordinance section 703.2 from R15 zoning to July 16th, 2012. Motion was seconded by Councilman Lnenicka and approved 6-0-1 with Councilwoman Pritchett abstaining. The Mayor expressed his support for tabling the item. Councilwoman Pritchett inquired if the item would be deliberated by P&Z prior to the 16th and questioned the outcome if it did not. Mr. Suddreth stated that the next P&Z committee meeting was scheduled for July 9th and noted the possibility that the item might be tabled again at that time. Councilman Lnenicka informed all present that the item was likely to be tabled as the P&Z Board was awaiting recommendations from staff. Mayor Bacon suggested that it be communicated to that Board the time sensitivity of reviewing the item with staff. 7. COMMERCIAL BUILDING PERMITS: The Mayor stated that there were none. 8. CONSENT AGENDA: (A) Approval of June 18, 2012 Mayor and Council Meeting Minutes 4 4 July 2,2012 (B) Award RFP 12-032 E 911 Console Workstation purchase and install for $57,017.77 to upgrade and expand emergency call center facilities and allow for any future expansion needs and authorize Mayor to sign documents related to this purchase MOTION: Councilwoman Pritchett moved to approve the Consent Agenda. Motion was seconded and approved 7-0. COMMITTEE REPORTS: Councilman Fennel apprised all of the progress on fire station #5 and the anticipated completion date later in the summer. He encouraged all to keep the injured police officers in their thoughts and to express their gratitude to public safety personnel at every opportunity. Councilman Lnenicka yielded with no report. Councilwoman Wilkinson yielded with no report. Councilman Welch noted the Public Works and Keep Smyrna Beautiful did not have reports and yielded the floor. Councilwoman Anulewicz shared that neither Community Relations nor Finance had reports. She updated all present on the search for a finance director. The Councilwoman clarified that the City did not host fireworks for the 4th of July but would do so at the Smyrna birthday celebration on August 4th. She shared that the farmer's market was still taking place and that the first Taylor-Brawner food truck event would be on July 9th. Councilwoman Anulewicz encouraged all to follow the city's feed on facebook and noted that it was publicly accessible. Councilwoman Blustein offered no report but shared her experiences at a recent conference. She commented on a social media class she had attended and noted that she was considering an online presence. Councilwoman Pritchett yielded with no report. Mr. Taylor introduced the city's new management fellow Jessica Melton. He shared that she was a Smyrna resident and graduate of Auburn University's masters program in public administration. There were no further reports. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Deborah Tompkins of 789 Church St. read from the original definition of the R15 ordinance and stated her objections to the expansion of Oxford Academy as inconsistent with the initial intent of the zoning. Ms. Tompkins argued that residents should be protected from commercial uses destabilizing their communities. July 2,2012 5 WOW She noted the presence of a parking lot in lieu of a front lawn and opined that a 4 ft. fence and 10 ft. buffer did not provide adequate insulation from the environmental impact of the daycare. Ms. Tompkins referenced the increased traffic of both students and staff, highlighting that the ordinance did not provide for limitations on the enrollment and thus offered inadequate protection to neighboring residents. She shared that the current enrollment was 150 students with another 60 proposed and submitted that the facility belonged in a commercial district. The Mayor recognized Justin O'Dell, who stated that he was running for the open seat and stressed the importance of that race. Mr. O'Dell provided his background and shared the strong backing and support he had with officials from throughout the state. He expressed his desire to represent the residents of Smyrna. Mary Kirkendoll of 1078 Oakview Rd. expressed her opinion that Smyrna's leadership was disengaged and highlighted accomplishments in other cities. She reviewed the community block grant project in Sandy Springs and SPLOST activities in Woodstock. Ms. Kirkendoll commented on the lack of progress on Concord Rd. despite funding being available. She noted a meeting held in 2007 by Croy and remarked on the actions of Sean Murphy as a member of the DDA. Ms. Kirkendoll noted the seizure of the SEC bank of Marietta for which Mayor Bacon and Attorney Cochran were Board members. Alex Backry of 3459 Shawnee Trail also commented on the SEC bank where the Mayor, Mr. Cochran and Mr. Freeman sat on the Board. He informed all that there was an estimated loss of 100 million and questioned the ventures undertaken by that entity. Mr. Backry brought up Smyrna Commons, stating his opposition that a town hall or publicly announced meeting had never been conducted regarding that matter. He noted that the Hickory Lakes capital interest payments were coming due and he discussed the history of funding and violations of the previous operator of that property. He referenced a house in Mableton, opining that it would never be annexed. He referred to statements made by members of Council that the recent Concord and King Springs lot could be sold at a profit and objected to the impression that tax payer money was being used for speculation. Mr. Backry stated that the contact number provided for information on the property rang a department in the city and stated again his opposition to direct municipal involvement. He noted Georgia's high foreclosure rate. Joyce Reagan, residing at 3833 Cloudland, commented positively on the number of women on Council. She brought up her advocacy for warning sirens in the City and made known her pleasure at the expansiveness of the alert network. She stated her appreciation for the work of Council and highlighted the importance of respecting one another's opinion. She also thanked the fire department for the assistance they had provided to her. The Mayor thanked Mr. O'Dell for attending the entire meeting. ADJOURNMENT With no further business, the meeting was adjourned at 8:22 o'clock p.m. IMMO immoropenionmemmunns 6 July 2,2012 ,uo. .. `/.141' A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK W// I _ I ,(.„ ihiAm/wir /t/k AL I-- DCA=‘,4A-- ME. F,NY Pg. CHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 lff / 4. TERI ANULEWICZ, D 3 CHARLES A.WELCH, WARD 4 5..e.. a/v\-A)._JIG(/1A f-r, SUSAN WILKINSON, WARD 5 WADE S. ICK• , WARD 6 #01 40IROW A* • Ce'7?7#/e • G FENNEL, WARD 7 WPM