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12-16-2013 Mayor and Council Minutes - final2800 King Street Smyrna, Georgia 30080City of Smyrna Meeting Minutes - Final City Council 7:30 PM Council ChambersMonday, December 16, 2013 Roll Call Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett, Councilmember Andrea Blustein , Councilmember Teri Anulewicz, Councilmember Charles Welch , Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Present:8 - Also Present:0 Call to Order Presiding officer Mayor Max Bacon called the meeting to order at 7:30 p.m. Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett, Councilmember Andrea Blustein , Councilmember Teri Anulewicz, Councilmember Charles Welch , Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Present:8 - Eric Taylor, Scott Cochran, Terri Graham, Jennifer Bennett, Tom Boland, Kay Bolick, Dan Campbell, Steve Ciaccio, Toni Jo Howard, David Lee, Ann Kirk, Tammi Saddler Jones, Scott Stokes and Ken Suddreth Also Present:14 - Invocation and Pledge:1. The Mayor called on Pastor Steven Lyle to deliver the invocation and lead all in the pledge to the flag, announcing there would be a special recognition to follow. Councilman Welch read aloud a proclamation in honor of Smyrna United Methodist 's church 175th year, that was accepted on behalf of the church by Pastor Lyle and Barbara Hatchell. Agenda Changes:2. The Mayor stated there were none. Mayoral Report:3. A.Proclamation in Recognition of Smyrna First United Methodist Church 175th Anniversary The Mayor stated that this had already been completed. Land Issues/Zonings/Annexations:4. A.Approval of an amendment to the Belmont Hills Redevelopment Page 1City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final Project TAD Agreement. Mr. Taylor read aloud the background that in 2008 the City entered into a development agreement to cover the TAD that was being proposed for the Belmont Hills shopping center project. He noted that staff was recently approached with amendments to take into consideration changing factors since the original arrangement. Mr. Taylor advised that the amended agreement had been forwarded to the County and that staff recommended approval pending County acceptance . Mayor Bacon called on the applicant, who highlighted the changes at Belmont that necessitated the amendment request. Mr. Halpern remarked on the reduced infrastructure investment required due to the construction of the new Smyrna Elementary school. He relayed anticipated development timeframes and extended his commitment to producing a quality mixed-use community. The Mayor commented that the TAD agreement for this project was not standard and there was discussion about the structure of the TAD agreement applicable to the Belmont Hills development. Mayor Bacon noted that Mr. Halpern had sold a valuable, tax-rich parcel of land to the school board, as did the city, to accommodate the new school and proposed adjacent parks. Mr. Halpern elaborated that with that property off the tax roles it diminished his ability to recover funds and that was part of the changed reality that this amendment was designed to address. There was discussion between Mayor Bacon and the City Attorney regarding the need for the City to approve the amendment prior to the County's approval. It was noted that the developer would only get paid from the TAD based on value created . The Mayor inquired if there were any retail prospects and Mr. Halpern explained that residential construction activity would enable them to recruit retail. Councilwoman Anulewicz stated that this was not a zoning amendment and that the request addressed only the TAD arrangement . A motion was made by Councilmember Teri Anulewicz to approve 2013-447 an amendment to the Belmont Hills Redevelopment Project TAD Agreement , seconded by Councilmember Ron Fennel. Councilman Lnenicka commented that the City had worked with Mr. Halpern and Mr. West for 15 years to redevelop Belmont Hills into a place that Smyrna would be proud to have. He recognized the tenacity of the applicants in enduring economic shifts and holding true to the conceptual design for the development, expressing his gratitude. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - B.Adoption of Resolution for Five-Year (2014-2018) Update of Livable Centers Initiative Plan Mr. Taylor made known that in 2003 the LCI grant was first received following a study that was adopted on 1-20-2004. He advised that in order to keep the designation the City was required to submit updates every 5 years. Mr. Taylor stated that staff recommended approval. Mr. Suddreth displayed a presentation, explaining the Livable Centers Initiative, the area covered, a status update report, project list and next steps. Page 2City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final The Mayor confirmed that this was not a public hearing. A motion was made by Councilmember Andrea Blustein to adopt Resolution 2013-08 for Five Years spanning 2014-2018 update of Livable Centers Initiative Plan, second by Charles (Corkey) Welch. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - Privilege Licenses:5. The Mayor stated there were none. Formal business:6. A.Approval of Ward 2 appointee to Keep Smyrna Beautiful Board (Lisa Castlebery) term to expire 12/31/2015 A motion was made by Councilmember Andrea Blustein to approve the appointment of Lisa Castlebery to the Keep Smyrna Beautiful Board with a term to expire 12/131/2015, second by Mayor Pro Tem/Councilmember Melleny Pritchett. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - B.Approval of Ward 2 re-appointment to Parks & Recreation Commission (John Cole) term to expire 12/31/2015 A motion was made by Councilmember Andrea Blustein to reappoint John Cole to the Parks & Recreation Board for Ward 2 for a term to expire 12/31/2015, second by Mayor Pro Tem Melleny Pritchett . Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - C.Approval of Ward 2 re-appointment to Planning and Zoning Board (Ms. Dale Holmes) - term to expire 12/31/15 A motion was made by Councilmember Andrea Blustein to approve the reappointment of Dale Holmes to the Planning & Zoning Board for Ward 2, second by Mayor Pro Tem/Councilmember Melleny Pritchett. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - D.Approval of Ward 3 re-appointment to Keep Smyrna Beautiful Board (Betty Williams) term to expire 12/31/2015. A motion was made by Councilmember Teri Anulewicz to approve item 2013-452 for the Ward 3 reappointment to the Keep Smyrna Beautiful Board, Betty Williams with a Page 3City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final term to expire 12/31/2015, second by Mayor Pro Tem /Councilmember Melleny Pritchett. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - E.Approval of Ward 3 appointment to Planning & Zoning Board (Steve A. Kemp) - term to expire 12/31/2015 Councilwoman Anulewicz expressed her gratitude to Mr . Larry Jones for his service on the P&Z Board, and remarked on the contributions of both Mr. and Mrs. Jones in establishing a strong Williams Park neighborhood community. She noted that Mr. Kemp was a residential architect and had built his own house, incorporating design features from the Village Green . A motion was made by Councilmember Teri Anulewicz to approve item 2013-453 for the Ward 3 appointment to the Planning & Zoning Board, Steve A. Kemp with a term to expire 12/31/2015, second by Councilmember Ron Fennel. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - F.Approval of Ward 3 re-appointment to Housing Authority (Bill Strickland) - term to expire 12/31/2017 Councilwoman Anulewicz praised the knowledge and community involvement of Mr . Strickland. A motion was made by Councilmember Teri Anulewicz to approve item 2013-455 for Ward 3 reappointment to the Housing Authority , Bill Strickland with a term to expire 12/31/2015, second by Councilmember Wade Lnenicka . Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - G.Approval of Ward 3 re-appointment to Parks and Recreation Board (Liz Davis) - term to expire 12/31/2015 Councilwoman Anulewicz recognized Ms . Davis as an exceptional citizen and former winner of the Smyrna Citizen of the Year award . A motion was made by Councilmember Teri Anulewicz to approve item 2013-454 for the Ward 3 reappointment to the Parks & Recreation Board, Liz Davis, with a term to expire 12/31/2015, second by Councilmember Andrea Blustein . Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - H.Approval of Ward 4 re-appointment to the Parks and Recreation Board (Paula Weeks) term to expire 12/31/2015 A motion was made by Councilmember Charles (Corkey) Welch to reappoint Ms. Page 4City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final Paula Weeks to the Parks & Recreation Board for Ward 4 the term to expire 12/31/2015, second by Councilmember Teri Anulewicz . Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - I.Approval of Ward 6 re-appointment to Planning & Zoning Board - Denny Campo - term to expire 12/31/2015 A motion was made by Councilmember Wade Lnenicka to approve item 2013-443 for reappointment of Denny Camp to the Planning & Zoning Board for Ward 6 for the term to expire 12/31/2015, second by Councilmember Charles Welch . Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - J.Approval of Ward 6 re-appointment to Parks and Recreation Board Julia Morini - term expires 12/31/15 A motion was made by Councilmember Wade Lnenicka to approve 2013-444 for Ward 6 reappointment to the Parks & Recreation Board, Julia Morini, for a term to expire 12/131/2015, second by Councilmember Teri Anulewicz . Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - K.Approval to hire Paige Day as Fire Chief announced November 27, 2013 Mr. Taylor stated that per state law the sole finalist had been announced on November 27th and that Mrs. Day was currently serving with Missouri City, TX. He advised that she was selected from among a group of 50 candidates and was scheduled to begin on Monday, January 6th, 2014. Mayor Bacon called on Mrs. Day, along with her family, to come forth and be recognized. Councilman Fennel made known that the hiring decision was challenging and that there were exceptional candidates from around the country, including one outstanding local applicant. He shared his confidence in Mrs. Day and relayed her educational background. Councilman Fennel shared that Mrs. Day's sons were in active military service and that her daughter would complete high school at Campbell. He mentioned that a personal tragedy had been instrumental in Mrs. Day's career selection and that she had written a book about the event. Councilman Fennel praised the character of Mrs. Day in persevering and achieving goals in spite of adversity. He welcomed her to Smyrna, sharing that the City had and an ISO rating of 2, over 70% of staff trained as paramedics , a successful fire medic program and strong community outreach and awareness training. Mrs. Day thanked Mayor and Council for their support and shared that she was honored to have representatives from fire departments around the Atlanta Metro area there to support her. Page 5City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final A motion was made by Councilmember Ron Fennel that the City Council approve item 2013-445 approval to hire Paige Day as Fire Chief to the City of Smyrna, second by Councilmember Teri Anulewicz . The motion carried by the following vote: The Mayor recognized those in attendance and expressed his gratitude to Acting Chief Roy Acree for his efforts and outstanding service to the City . Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - L.Approval of Modifications to the Defined Benefit Plans and authorize the Mayor to sign and execute any related documents Mr. Taylor reviewed the proposed modifications and stated that staff recommended approval. A motion is made by Councilmember Wade Lnenicka to approve item 2013-082 modifications to the defined benefit plans and authorize the Mayor to sign and execute any related documents, second by Councilmember Charles (Corkey) Welch. Motion carried by the following vote: Aye:Councilmember Blustein, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 5 - Nay:Mayor pro tem/Councilmember Pritchett and Councilmember Anulewicz2 - Clerk's Note: December 19, 2013 Mayor Max Bacon issued a letter of veto for this item. A copy of this is appended hereto as Exhibit "A". Commercial Building Permits:7. The Mayor stated there were none. Consent Agenda:8. Mr. Taylor read aloud the consent agenda . A motion is made by Mayor Pro Tem Melleny Pritchett to approve the consent agenda, second by Charles (Corkey) Welch. Motion carried by the following vote: Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz , Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7 - A.Approval of December 2, 2013 Mayor and Council Meeting Minutes This Minutes was approved. B.Award RFP 14-014 Powder Springs Street Sewer Rehabilitation to the second lowest bidder Inland Waters Pollution Control Inc . as the lowest bidder bid an alternate curing method that the City does not historically use and did not submit the CDBG Certification forms and Page 6City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final authorize the Mayor to execute any related documents. This Bid/RFP Award was approved. C.Award RFP 14-011 Street Resurfacing Projects to the lowest Bidder CW Matthews Contracting Company for $1,183,286.76 and authorize the Mayor to execute any related documents. This Bid/RFP Award was approved. Committee Reports:9. Councilman Fennel called on Chief Lee, who made known the department's recent new hires, including one with a Ranger background. He noted that the upcoming citizen's police academy start date would be delayed into February and offered an update on the DUI task force. The Mayor mentioned the increase in Georgia State Patrol officers throughout the City and Chief Lee shared that the County had added 30 new troopers that, in their off interstate time , patrolled Cobb cities. Councilwoman Pritchett inquired how tickets issued by State troopers were processed and Chief Lee responded that they were handled by Smyrna's court system. He welcomed the new Fire Chief and Councilman Lnenicka made known that he was looking forward to meeting the recruit with the Ranger training. Councilman Fennel expressed his appreciation for the departments involvement with TEAM Georgia initiatives . Councilman Fennel lauded the efforts and commitment of Acting Chief Acree and called on Deputy Acting Chief Eric Farmer , who welcomed Chief Day and shared holiday fire safety tips. The Councilman reminded all to exercise extra caution throughout the busy holiday season and encouraged all to take precautions to keep impaired drivers off the road . Councilman Lnenicka welcomed Chief Day and her family, expressing his appreciation for the service of her sons. He encouraged all to follow safety procedures during the holiday season and thanked neighborhood communities for including him in their holiday festivities. He commented that he was proud to be able to represent the City and work to improve the lives of others. Councilwoman Wilkinson thanked the Public Works and Parks and Recreation staff for the decorations throughout the city. There was discussion about some of the LED lights installed. Mr. Ciaccio relayed the details of the upcoming coat drive event at Taylor Brawner Park and the Santa House . Councilwoman Blustein inquired if the coat drive was on the city website and was responded to in the affirmative . Ms. Moore delivered a report on upcoming events at the library, including a lecture by Wayne Waldrop and the kick off of a Lego Club . Councilman Welch encouraged all to attend the Santa House and called on Ms . Kirk, who welcomed the KSB appointees and Chief Day. She made known the date and times for the bring one for the chipper event and announced that the community garden plots and jonquil bulbs were available. The Councilman reminded all to recycle used cooking oil. Mr. Stokes commented that the trees around the city were decorated with LED lights and that the Christmas tree was scheduled to have new LED lights the following year. He provided an update on projects through the city, including those on Concord Rd., Ward St., Atlanta Rd. median, Campbell Rd., Kathy Ln., Reed Rd. and Ann Rd. storm drain project. The Mayor requested that he review the Christmas and New Year 's pick-up schedule. Page 7City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final Councilwoman Anulewicz called on Ms . Bennett, who welcomed Chief Day and announced the Radio Disney Noon Year 's Eve party. She shared that additional details, along with sanitation schedules and other events could be found on the city's website page. Ms. Howard noted that the due date for the property tax billing had passed and announced that the online payment option was anticipated to be operational the following month. She commented on the vendor specific portal that would be available. Councilwoman Anulewicz expressed her gratitude to those willing to serve the City on various boards and commissions. She welcomed Chief Day and thanked Chief Acree for his dedication to the City. She advised all present of her contact information and details about her facebook and newsletter feeds. Councilwoman Blustein called on Mr. Suddreth, who delivered a report on community development statistics, noting that family unit permits had already surpassed 2012 numbers. He relayed that revenue was ahead of projections in large part due to the demolition and permits pulled by the old Regency Square apartments. Mr. Suddreth advised that the city was out of lots and that community development was getting requests for new rezonings and lot creation. He referenced the Belmont Hills development and welcomed Chief Day, Dale Holmes, Denny Campo and Steve Kemp. Mr. Suddreth expressed his gratitude for the service of Mr. Larry Jones and wished him well. Councilwoman Blustein commented that she had the opportunity to meet with the residents of Mosaic at Vinings and welcomed Chief Day . She provided details on how residents could sign up for periodic Ward 2 updates on her website. Councilwoman Pritchett welcomed Chief Day and her family and thanked Christy Ullman for the decorations in City Hall. The Councilwoman extended her appreciation to staff for their efforts throughout the year . Mr. Taylor provided an update on the road closures and construction equipment in the downtown area, noting that maintenance work was being conducted on the residential units in Market Village . He advised that the repairs were being done by the building owners and HOA and were taking longer than anticipated due to weather conditions. Mr. Taylor thanked all of the firefighters that showed up to support Chief Day and stated that he was looking forward to working with Chief Day. Mr. Cochran welcomed Chief Day. There were no further reports. Show Cause Hearings:10. The Mayor stated there were none. Citizen Input:11. Alex Backry of 3459 Shawnee Trl. commented on the importance of citizen input to open government and opined that he would like to see it continue as part of the agenda. Mike McNabb of 750 Austin Dr. expressed his appreciation for the citizens that spoke Page 8City of Smyrna Printed on 6/6/2014 December 16, 2013City Council Meeting Minutes - Final the previous meeting about the amended zoning issue. He praised their preparedness and articulate arguments as an outstanding example of government in action. Mr. McNabb remarked that the split vote reflected consideration of the issue and that conflict could provide positive results, citing several neighborhood associations that had developed from conflict over zoning issues. He called for three things: Civics with civility where speakers were informed, articulate and passionate and did not denigrate anyone; the adoption of a policy for the downtown corridor that incorporated town hall meetings for all zonings and; more clearly defined guidelines for mixed-use developments. Larisa Edwards of 304 Hickory Springs Dr. expressed her appreciation for the town hall hosted by the Mayor. She commented that she was surprised by the City Council's vote on the amendment presented December 2nd and remarked on the comments made by citizens during the public hearing. Ms. Edwards recommended that the City have a committee with residents to benefit local business and citizens. Adjournment:12. Mayor Bacon declared the meeting adjourned at 9:04 PM. Page 9City of Smyrna Printed on 6/6/2014