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01-19-2016 January 19, 2016 M&C Minutes - SIGNED - LFTuesday, January 19, 2016 City of Smyrna Meeting Minutes - Final City Council 7:30 PM Roll Call 2800 King Street Smyrna, Georgia 30080 Council Chambers Present: 8 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Doug Stoner and Councilmember Ron Fennel Also Present: 9 - Mike L Jones, Scott Cochran, Terri Graham, Kristin Robinson, Tammi Saddler Jones, Heather Corn, Amy Snider, Ken Suddreth and Dan Campbell Call to Order Mayor Bacon called the meeting of the Mayor and Council to order at 7:30 PM 1. Invocation and Pledge: Pastor Jeffrey Pennington of First Baptist Smyrna (1275 Church Street) led all for the invocation and the Pledge of Allegiance. 2. Agenda Changes: There were no Agenda Changes. 3. Mayoral Report: There was no Mayoral Report. 4. Land Issues/Zonings/Annexations: There were no Land Issues/ Zonings or Annexations. 5. Privilege Licenses: A. Public Hearing - Privilege License Request 2016-60 - Beer (Retail Pouring) - 2599 South Cobb Drive with Gabriela Maria Esquivel as agent. Sponsors: Wilkinson Mayor Bacon called upon City Administrator Mike L. Jones to read the background for this item. Mr. Jones noted the following: This was a new application for a privilege license for Taquene EI Guero Inc. dba City of Smyrna Page 1 Printed on 112912016 City Council Meeting Minutes - Final January 19, 2016 Taquena EI Guero for the sale of beer (retail pouring). Rigoberto Correa -Luna was the owner and Gabriela Maria Esquivel was the agent applicant. Taqueria EI Guero Inc. was requesting a waiver of the distance requirement as listed in City Ordinance Sec 6-118 (600' from a school) as amended in City Ordinance 2015-09 which permits waiver of distance requirements for restaurants requesting a pouring license. Gabnela Maria Esquivel will be the registered agent, responsible for the sale of alcohol at the referenced location. She had been given a copy of the Alcoholic Beverage Ordinance and attended the mandatory alcohol awareness workshop. (Certificate attached) Additionally a background investigation conducted by the Smyrna Police Department failed to reveal information that would preclude issuance of this license. Gabnela Maria Esquivel had agreed to abide by the guidelines set forth by the City of Smyrna ordinance governing the sale of alcohol. Approval of privilege licenses for the sale of beer (retail pouring) for Taqueria EI Guero Inc dba Taqueria EI Guero with Gabriela Maria Esquivel as the registered agent was recommended by staff. Ms. Esquivel stepped forward and Mayor Bacon called the public hearing requesting that anyone who wished to speak be sworn in by the City Attorney. Mr. Scott Cochran swore the agent in for this item and no one else made comment or spoke in opposition to this request. Community Development Director Mr. Ken Suddreth was called upon by Mayor Bacon and he gave a few additional details about this request. He stated that this was located on South Cobb Drive across from the old Dairy Queen and the building used to be a Waffle House many years ago. Embedded in the request was a waiver request on the school distance requirement. The business is 505 feet and the ordinance states they need to be 600 feet from the school. Councilmember Susan Wilkinson spoke about this location being within the 600 feet as well as a lack of information being made available to her in a timely fashion in her opinion. She wanted the opportunity to review the information, speak to Community Development and she moved to table this item. A motion was made by Councilmember Susan Wilkinson to table 2016-60 the privilege license request for Beer (Retail Pouring) - 2599 South Cobb Drive with Gabriela Maria Esquivel as agent there was no second. This motion failed for lack of a second. Councilmember Fennel asked Mayor Bacon if the public hearing portion of the item was complete and he stated it was not so Councilmember Fennel went on to ask the agent a few questions such as how many employees the business had, did those employees live in Smyrna and whether she understood the importance of the alcohol agent position. Councilmember Corkey Welch asked about her experience with alcohol sales previously and she replied this was her first time being an agent for a business. This was also her first restaurant opening. City Attorney Scott Cochran asked her about her attending a seminar with an attorney and she remarked that the seminar was conducted by an attorney. Mayor Bacon asked if there were any other nearby businesses or properties that would be affected by this request and the answer was no, not to her knowledge. He then concluded the public hearing portion of the meeting and noted that there had been no mention of tabling an item or that documentation was not received until today by any Councilmembers in the pre -council meeting. A second motion was made for item 2016-60 by Councilmember Ron Fennel to approve the privilege license request for Beer (retail pouring) - 2599 South Cobb Drive with Gabriela Maria Esquivel as agent, seconded by Councilmember Charles (Corkey) Welch. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel City of Smyrna Page 2 Printed on 1/29/2016 City Council Meeting Minutes - Final January 19, 2016 6. Formal Business: A. Approval of Zip Code Resolution to change the zip code in the Ward 7 District to be Smyrna addresses Sponsors: Fennel It was read aloud by City Administrator Mike L. Jones that this item was for the approval of a ZIP Code resolution to change the zip code in the Ward 7 District to be Smyrna addresses. Mayor Bacon and members of the Smyrna City Council strongly support efforts to change the 30126 ZIP Code for postal patrons within the city limits of Smyrna, Georgia and urges the United States Postal Service to allow these Smyrna taxpayers to be provided with a Smyrna ZIP code. Due to annexation of Mableton addresses within the 30126 ZIP Code into the city limits of Smyrna over many years, there are approximately 5000 residents who live in incorporated Smyrna but their addresses reflect that they live in Mableton 30126. This was the second resolution to request a zip code change in 2015 and 2016. The first resolution was adopted by Mayor and Council on December 21, 2015 - Resolution 2015-05. Councilmember Ron Fennel read the Resolution aloud and moved to approve this item. A motion was made by Councilmember Ron Fennel to approve RES2016-01 - Zip Code Resolution to change the zip code in the Ward 7 District to be Smyrna addresses, seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel B. Approval to adopt Resolution 2016-02 - Elected Official Purchasing Card Policy and the Employee Procurement Card Policy Sponsors, Fennel Mike L. Jones, City Administrator was asked by Mayor Bacon to read the background for this item and he stated the following: This item was for the approval to adopt Resolution 2016-02 - Elected Official Purchasing Card Policy and the Employee Procurement Card Policy. The City of Smyrna elected officials' and City employees' Purchasing Cards, referred to as procurement cards, governed by the current State of Georgia statues, will also be governed by the purchasing card policy as required by state law under 0. C. G.A. § 36-80-24c. This procurement card policy is intended to comply with state laws and establish more efficient transaction guidelines and restrictions for elected officials and City employees; and includes an agreement that each elected official and City employee shall sign in acceptance indicating cards will be used in accordance to policy and state laws prior to being issued and/or prior to continuing to utilize Government Purchasing Cards. Elected officials are authorized to use procurement cards but only subject to and in compliance with the attached resolution is adopted by the City Council. In the last session, the Georgia State Legislature passed O. C. G.A. § 36-80-24. The law requires City Councils to hold a public vote to authorize use of government purchasing cards by elected officials. Further, the law mandates municipalities enact City of Smyrna Page 3 Printed on 112912010 City Council Meeting Minutes - Final January 19, 2016 policies regarding purchasing card use including, but not limited to: 1. Requiring users sign and accept a purchasing card user agreement 2. Description of authorized and unauthorized purchases 3. Stated transaction limits 4. Procedures for addressing violations and imposing penalties 5. Processes for auditing and reviewing purchases 6. Description of the card administrator's responsibilities A written policy meeting these requirements exists and guides everyday management of the City's purchasing card program. However, this policy and a referendum must be voted on by Council in order to be in compliance with O. C. G.A. § 36-80-24. Councilmember Ron Fennel explained that this was just as Mr. Jones read aloud and he made a motion to adopt this resolution. A motion was made by Councilmember Ron Fennel to approve RES2016-02 and to adopt Resolution 2016-02 encompassing the language within our city ordinances to address this issue to be incompliance with State Law- Elected Official Purchasing Card Policy and the Employee Procurement Card Policy, seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel C. Consent to an Agreement of Assignment, Assumption and Attornment transferring the Franchise Agreement between the City and Legacy (Windy Hill) Limited Partnership from Legacy (Windy Hill) Limited Partnership to Gonna Fly Now, LLC; approve an Estoppel Certificate incident to this transfer and authorize the mayor to execute both documents. sponsors: Fennel The following background was read aloud by Mike L. Jones, City Administrator: This item was for Consent to an Agreement of Assignment, Assumption and Attomment transferring the Franchise Agreement between the City and Legacy (Windy Hill) Limited Partnership from Legacy (Windy Hill) Limited Partnership to Gonna Fly Now, LLC; approve an Estoppel Certificate incident to this transfer and authorize the mayor to execute both documents. Legacy (Windy Hill) Limited Partnership operates the Fox Creek golf course under a Franchise Agreement with the city. The company seeks to sell and transfer its interest under this Franchise Agreement to an entity named Gonna Fly Now, LLC, and to be released from any further obligation under the agreement. The Franchise Agreement provides that the city must approve any assignment. These documents approve the assignment of the Franchise Agreement and make certifications to the purchaser which will enable the transaction to occur. A motion was made by Councilmember Ron Fennel to approve 2016-64 for consent to an Agreement of Assignment, Assumption and Attornment transferring the Franchise Agreement between the City and Legacy (Windy Hill) Limited Partnership from Legacy (Windy Hill) Limited Partnership to Gonna Fly Now, LLC; approve an Estoppel Certificate incident to this transfer and authorize the mayor to execute both documents, seconded by Councilmember Charles (Corkey) Welch. The motion carried by the following vote: City of Smyrna Page 4 Printed on 1!29/2010 City Council Meeting Minutes - Final January 19, 2016 Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel D. Approval to hire Kristin Robinson as the Finance Director Sponsors, Fennel Mr. Jones was happy to recommend the approval to hire Kristin Robinson as the Finance Director Ms. Kristin Robinson earned her B. B.A in Accounting from the Univ. of West Georgia in 2000 and received her CPA in 2006. In addition, she holds her GCMA certification and is an active member of the Georgia Society of CPA's. Prior to coming to Smyrna as the Controller in Jan 2013, she was the Internal Finance Auditor for the Douglas County Board of Commissioners. In total, Kristin has more than 15 years of governmental finance experience and has served as the Interim Finance Director for the City of Smyrna for the past 5 months. After conducting and completing a formal interview process and following consultation with the Chairman of the Finance and Administration Committee, it is with no reservations that the City Administrator recommended that Ms. Kristin Robinson be appointed the Finance Director for the City of Smyrna. Councilmember Fennel recommended without hesitation staffs recommendation. Councilmember Ron Fennel moved for approval to hire Interim Finance Director / Comptroller Kristin Robinson as the City's Finance Director, seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel E. Approval of Ward 4 re -appointment to the Smyrna Housing Authority, Jim Brooks. This is a five-year term to expire May 2020. Sponsors: Welch A motion was made by Charles (Corkey) Welch to approve the Ward 4 re -appointment to the Smyrna Housing Authority, Jim Brooks. This is a five-year term to expire May 2020, seconded by Councilmember Teri Anulewicz. Motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel F. Approval of Ward 7 appointment to the Parks and Recreation Commission, Seth Rubenstein. This is a two-year term to expire December 2017. Sponsors, Fennel A motion was made by Councilmember Ron Fennel to approve the Ward 7 appointment to the Parks and Recreation Commission, Seth Rubenstein. This is a two-year term to expire December 2017, seconded by Councilmember Teri City or Smyrna Page 5 Printed on 7128/1015 City Council Meeting Minutes - Final January 19, 2016 L 1`9 J. Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel Approval of Ward 1 re -appointment to the Parks and Recreation Commission, Marvin Bennett. This is a two-year term to expire December 2017. Sponsors: Norton A motion was made by Councilmember Derek Norton to approve the Ward 1 re -appointment to the Parks and Recreation Commission, Marvin Bennett. This is a two-year term to expire December 2017, seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel Approval of Mayor's re -appointment to the Smyrna Housing Authority, Joe Bland. This is a five-year term to expire December 2020. Sponsors: Bacon A motion was made by Councilmember Ron Fennel for the approval of the Mayor's re -appointment to the Smyrna Housing Authority, Joe Bland. This is a five-year term to expire December 2020, seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel Approval of Ward 1 appointment to the Keep Smyrna Beautiful Board, Holly Elmendorf, to fulfill term to expire December 2016. Sponsors: Norton A motion was made by Councilmember Derek Norton for approval of Ward 1 appointment to the Keep Smyrna Beautiful Board, Holly Elmendorf, to fulfill term to expire December 2016, seconded by Councilmember Charles (Corkey) Welch. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel Approval of Ward 2 appointment to the Smyrna Housing Authority, Ted Wade. This is a five-year term to expire May 2020. Sponsors: Blustein A motion was made by Councilmember Andrea Blustein for the approval of Ward 2 Cityof Smyma Page 6 Printed on 1/292016 City Council I Meeting Minutes - Final January 19, 2016 appointment to the Smyrna Housing Authority, Ted Wade. This is a five-year term to expire May 2020, seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel K. Approval of Ward 2 appointment to the Smyrna Tree Board, Linda Owens, to fulfill term to expire August 2016. sponsors: Blustein A motion was made by Councilmember Andrea Blustein for the approval of Ward 2 appointment to the Smyrna Tree Board, Linda Owens, to fulfill term to expire August 2016, seconded by Councilmember Teri Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel L. Approval of Ward 6 re -appointment to the Planning and Zoning Board. Dennis Campo. This is a two-year term to expire December 2017. sponsors, Stoner A motion was made by Councilmember Doug Stoner for the approval of the Ward 6 re -appointment to the Planning and Zoning Board, Dennis Campo. This is a two-year term to expire December 2017, seconded by Councilmember Susan Wilkinson. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel M. Approval of Ward 6 appointment to the Parks and Recreation Commission, Paula Weeks. This is a two-year term to expire December 2017. sponsors: Stoner A motion was made by Councilmember Doug Stoner for the approval of the Ward 6 appointment to the Parks and Recreation Commission, Paula Weeks. This is a two-year term to expire December 2017, seconded by the Councilmember Susan Wilkinson. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel N. Approval of Ward 6 re -appointment to the Smyrna Housing Authority, George Mercurius. This is a five-year term to expire May 2020. cityalsmyma Page I Printed on 112912010 City Council Meeting Minutes - Final January 19, 2016 sponsors: Stoner A motion was made by Councilmember Doug Stoner for the approval of the Ward 6 re -appointment to the Smyrna Housing Authority, George Mercurius. This is a five-year term to expire May 2020, seconded by Councilmember Ten Anulewicz. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel p, Approval of Ward 5 re -appointment to the Parks and Recreation Commission, Erik Fernald. This is a two-year term to expire December 2017. sponsors: Wilkinson A motion was made by Councilmember Susan Wilkinson for the approval of the Ward 5 re -appointment to the Parks and Recreation Commission, Erik Fernald. This is a two-year term to expire December 2017, seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel P. Approval of Ward 3 re -appointment to the Keep Smyrna Beautiful Board, Betty Williams. This is a two-year term to expire December 2017. sponsors: Anulewicz A motion was made by Councilmember Teri Anulewicz for the approval of the Ward 3 re -appointment to the Keep Smyrna Beautiful Board, Betty Williams. This is a two-year term to expire December 2017, seconded by Councilmember Charles (Corkey) Welch. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel Q, Approval of Ward 7 appointment to the Smyrna Tree Board, Marge Igyarto, to fulfill term to expire August 2016. sponsors: Fennel A motion was made by Councilmember Ron Fennel for the approval of the Ward 7 appointment to the Smyrna Tree Board, Marge Igyarto, to fulfill term to expire August 2016, seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel City of Smyrna Page 8 Printed on 112912016 City Council Meeting Minutes - Final January 19, 2016 R. Approval of Ward 3 re -appointment to the Parks and Recreation Commission, Liz Davis. This is a two-year term to expire December 2017. sponsors: Anulewicz A motion was made by Councilmember Teri Anulewicz for the approval of the Ward 3 re -appointment to the Parks and Recreation Commission, Liz Davis. This is a two-year term to expire December 2017, seconded by Councilmember Doug Stoner. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel 7. Commercial Building Permits: There were no Commercial Building Permits. 8. Consent Agenda: The consent agenda was read aloud by City Administrator Mike Jones for Council approval. A motion was made by Councilmember Teri Anulewicz to approve the consent agenda, seconded by Councilmember Ron Fennel. The motion carried by the following vote: Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Stoner and Councilmember Fennel A. Approval of the January 4, 2016 Mayor and Council Meeting Minutes Sponsors: City Council B. Approval to terminate the City's ICMA-RC 401a plan and authorize Mayor to sign any related documents sponsors: Blustein C. Authorization to enter into a restated 5 (five) year Intergovernmental Agreement Between the City of Marietta, Georgia and the City of Smyrna, Georgia for the Housing of Prison Inmates Sponsors: Norton 9. Committee Reports: Ward 1 Councilmember Derrick Norton announced the Police Department Active Shooter classes, on Saturday, January 23rd and Saturday, February 6th at 2:00pm in Cify of Smyrna Page 9 Printed on V224016 City Council Meeting Minutes - Final January 19, 2016 the Council Chambers. There will also be a January 28th firearms safety class at 6:OOpm in the City Hall Council Chambers. To attend either of these events, please contact MPO Louis Defense at LDefense@smymaga.gov. Additionally Councilmember Norton has received his City email and phone and he can be reached on wither by citizens needing to contact him. He gave the following information: City Email., DNorton@Smyrnaga.gov City Cell Phone: 678-631-5306 Updates will be posted on his Facebook page as well and he will be sending newsletters to residents. Ward 2 Councilmember Blustein had no report for this meeting Ward 3 Mayor Pro Tem /Councilmember Teri Anulewicz noted the Marietta Daily Journal article regarding government PCards and she reiterated that this vote makes us in compliance but the Council has never and does not intend to utilize PCards. She welcomed Finance Director Krisitin Robinson and noted the cities robust financial situation. The upcoming developments were coming along at Jonquil Plaza and Belmont Hills and she remarked that the Publix intended to be open by the end of 2016. Ward 4 Councilmember Corkey Welch gave the information regarding this Saturday's KSB Cleanup that started at 9:00am at the recycling center. Ward 5 Councilmember Susan Wilkinson had no report for Parks and Rec and she encouraged citizend to participate in the cleanup event. Ward 6 Councilmember Doug Stoner had no report for this meeting. Ward 7 Councilmember Ron Fennel said his most recent newsletter was sent out last week and citizens could email him if they did not receive the newsletter. He will hold a Town Hall Meeting on February 4th for a developer to meet with the neighbors and ask questions. City Administrator Mike L. Jones thanked Council for their support of his recommendation of Kristin Robinson as Finance Director. He mentioned meeting internally to discuss upcoming CIP projects and he received each departments wish list of projects for consideration. They will reconvene on Thursday. City Attorney Scott Cochran had no report City Clerk Terri Graham had no report. 10. Show Cause Hearings: There were no Show Cause Hearings 11. Citizen Input: The resident residing at 5036 Laurel Springs Way spoke about an Air B&B being run at the home next door, the disruption it was to him with the constant noise and asked Council to do something to rectify the situation. Councilmember Ron Fennel noted that this type of rental property was being discussed at the legislature level but no decisions had been made. He asked the homeowner to be patient as they moved forward with further discussion and reminded the resident to call the police for disruptions. Ciry or Smyrna Page 10 Printed on 112912016 City Council Meeting Minutes - Final January 19, 2016 12. Adjournment: Mayor Bacon adjourned the meeting of the Mayor and Council at 8:21 PM. City of Smyrna Page 11 Printed on 112912016 MAYOR AND COUNCIL MEETING A. MAX BACON, MA OR TERRI GRAHAM, CITY CLERK /p/�i luau �� �%wi lm i�•� ANDREA BLUSTEIN, WARD 2 UnAA Q�) 0., 1") d..t-, CHARLES A.WELCH, WARD 4 DOUG S ER, WARD 6