06-05-2017 June 5, 2017 Mayor and Council Meeting Minutes - SIGNED - LFCity of Smyrna
Meeting Minutes - Final
City Council
2800 King Street
Smyrna, Georgia 30080
Monday, June 5, 2017 7:00 PM Council Chambers
Rollcall
Present: 6 - Mayor Max Bacon, Councilmember Teri Anulewicz, Councilmember
Charles Welch, Councilmember Susan Wilkinson, Councilmember Doug
Stoner and Councilmember Ron Fennel
Absent: 2 - Councilmember Derek Norton and Councilmember Andrea Blustein
Also Present: 9 - Tammi Saddler Jones, Scott Cochran, Terri Graham, Ken Suddreth, Scott
Stokes, Dat Luu, Heather Corn, Kristin Robinson and Jared Sigmon
Call to Order
Mayor Max Bacon called the June 5, 2017 meeting of the Mayor and Council to order
at 7:00 PM.
1. Invocation and Pledge:
The invocation was given by Pastor Cory Hallett of the Covered Bridge Church,
located at 225 Fountains Road. He also led all in the Pledge of Allegiance.
2. Agenda Changes:
3. Mayoral Report:
Mayor Bacon made note that there were no agenda changes.
There was nothing for the Mayor's report.
4. Land Issues/Zonings/Annexations:
There were no Land Issues, Zonings or Annexations.
5. Privilege Licenses:
There were no Privilege Licenses.
6. Formal Business:
A. Public Hearing: FY 2018 Proposed Budget
Sponsors: Fennel
City Administrator Tammi Saddler Jones provided the background for this third and
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Final public hearing. The First Public Hearing for the FY 2018 proposed budget was
held on May 15, 2017. A second public meeting was held on May 17, 2017. There
were minimum comments from the public at both presentations.
The total budget, as proposed, is $92,365,507. The General Fund budget is
$47,306,311, Special Revenue Funds are $4,024,291, Capital Project Funds are
$16,596,511, Internal Service Fund is $1,289,500 and the Enterprise Funds are
$23,148,894.
While Finance Director Kristin Robinson and Budget Officer Jared Sigmon
approached the podium, Mayor Bacon announced that Councilmembers Derek
Norton and Andrea Blustein were absent, Councilmember Norton was out of town
and Councilmember Blustein had some unexpected family emergency.
Budget Officer Jared Sigmon began with a brief explanation of the past public
hearings while showing a Budget Adoption Schedule to the public. The adoption of
the budget will be on the June 19, 2017 agenda for Council's consideration.
At the second public hearing the questions and concerns that were brought forward
were about Smyrna Grove and the Reed House expenditures, employee benefits
package, water rate annual increase and infrastructure spending. Mr. Sigmon
explained that three people were in attendance for the 2nd public hearing.
He reviewed the changes with the Council and went into detail about the reduction in
recommended positions.
Citizen Alex Backry came to the podium and inquired of the Council about the
$62,000,000.00 owed in bonds and how the City would repay those bonds. Finance
Director Kristin Robinson responded and explained they refinanced the Smyrna
Grove Bonds and the City would have all the current bonds paid in 2030 in full and
ahead of schedule.
Councilmember Fennel also made note of the City's current triple A bond rating and
the fact that we are one of six cities and nine counties to hold that distinction in the
State of Georgia.
B. Approval of Resolution 2017-11 extending the emergency 911
surcharge
Sponsors: Norton
Tammi Saddler -Jones, City Administrator, read the following background for this item:
This is for the approval of Resolution 2017-11 extending the emergency 911
surcharge; it will remain the same amount at $1.50. During May of 2001, the City
council approved a resolution authorizing the City to collect a $1.50 monthly fee from
telephone subscribers within the City to offset the costs of providing 911 telephone
service to residents. This resolution must be extended annually to continue the
surcharge.
A motion was made by Councilmember Ron Fennel to approve RES2017-11 for
Resolution 2017-11 extending the emergency 911 surcharge for FY2018; seconded
by Councilmember Susan Wilkinson.
The motion carried by the following vote:
Aye: 5- Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
C. Approve the Mayor's appointment of Kelsey Scoff to the Parks &
Recreation Commission for term to expire December 2018
Snonsors: Bacon
A motion was made by Mayor pro tem/Councilmember Teri Anulewicz to approve
2017-191 the Mayor's appointment of Kelsey Scott to the Parks & Recreation
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Commission for a term to expire December 2018; seconded by Councilmember
Charles (Corkey) Welch.
The motion carried by the following vote:
Aye: 5- CouncilmemberAnulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
D. Approval of the Ward 7 appointment of J. Barrett Carter to the Smyrna
Parks & Recreation Commission, for a term to expire December 2017
Sponsors: Fennel
A motion was made by Councilmember Ron Fennel to approve 2017-208 the Ward 7
appointment of J. Barrett Carter to the Smyrna Parks & Recreation Commission, for
a term to expire December 2017; seconded by Councilmember Doug Stoner.
The motion carried by the following vote:
Aye: 5- Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
E. Authorization to allow Southern Landscapes, sole source provider of
the G2 Turfplaner, to perform fieldwork in Chuck Camp Park in the
amount of $67,080.60 using CDBG funds.
Sponsors: Wilkinson
City Administrator Tammi Saddler -Jones read the following background aloud:
This item is for the authotization to allow Southern Landscapes, sole source provider
of the G2 Turfplaner, to perform fieldwork in Chuck Camp Park in the amount of
$67,080.60 using CDBG funds.
City of Smyrna will hire Southern Landscapes, who has an exclusive contract with the
sole source provider, G2 Tufftools, to perform turfplaning services with the use of the
unique and patented G2 Turfplaner on Baseball Fields 1, 2, 3, and the Multi -Use
Field at Chuck Camp Park. Southern Landscapes will also till, blend, and install
infield clay mix on the three baseball fields and lay Bermuda Grass sod on the three
baseball fields and mulfi-use field.
The G2 Turfplaner can leave a finished grade during the grass removal process and
alleviate the need to pay additional monies for laser -grading before sod installation.
The unique capability to set a "finished" grade separates this planer from others. G2
Turftools is the only company in the state of Georgia with this equipment and service,
and they have an exclusive contract with Southern Landscapes to be the sole
provider of this equipment. Other turf -planers follow the undulations of the ground,
and require subsequent work to prepare the area for sod. The G2 Tunplaner can be
set to follow a specific grade, through laser -leveling, and the result is a sod -ready,
finished grade.
Specifics on the work to be performed on each field are below:
-Multi Use Field - Turfplane entire field with G2 Turfplaner (approx. 75, 000 sq. ft.) and
install approximately 45,000 sq. ff. Bermuda Sod.
-Baseball Field 1- Turfplane lips of the field with the G2 Turfplaner around entire
infield diamond and outfield arches. Till, blend, and install infield with estimated 18
tons of 70/30 Calcined Clay Infield mix. Install approximately 4,250 sq. ft. of
Bermuda Sod. Install 6 new base anchors (50/70 bases).
-Baseball Field 2 - Tun plane lips of the field with the G2 Turfplaner around entire
infield diamond and outfield arches. Till, blend, and install infield with estimated 18
tons of 70/30 Calcined Clay Infield mix. Install approximately 4,250 sq. ft. of
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Bermuda Sod. Install 6 new base anchors (50170 bases).
-Baseball Field 3 - Turfplane lips of the field with the G2 Turfplaner around entire
infield diamond and outfield arches. Till, blend, and install infield with estimated 18
tons of 70/30 Calcined Clay Infield mix. Install approximately 5,040 sq. ft. of
Bermuda Sod. Install 6 new base anchors (50/70 bases).
The CDBG Coordinator and Parks and Recreation have reviewed the quote and
recommend award of $67,080.60 (CDBG funds) sole source provider Southern
Landscapes and to authorize the Mayor to execute any related documents.
A motion was made by Councilmember Susan Wilkinson to approve 2017-189 to
allow Southern Landscapes, sole source provider of the G2 Turfplaner, to perform
fieldwork in Churck Camp Park in the amount of $67,080.60 using CDBG funds;
seconded by Mayor pro tem/Councilmember Teri Anulewicz.
The motion carried by the following vote:
Aye: 5- Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
Approval of Ordinance 2017-08 to Amend the City of Smyrna Code of
Ordinances by Adding Chapter 11: Racing Events Article I and Article
Sponsors: Fennel
Ms. Tammi Saddler -Jones, City Administrator, read aloud the following background
for this item:
This is for the approval of Ordinance 2017-08 to Amend the City of Smyrna Code of
Ordinances by Adding Chapter 11: Racing Events Article 1 and Article 11.
A recommendation has been made to adopt a formal racing event policy that requires
event organizers to obtain a racing event permit and identifies the requirements and
expectations for all racing events within the City.
The city has had an internal process for approving racing event permits but not a
formal one that has clearly outlined requirements and a clear approval process. The
proposed amendment to the City code will bring the city in alignment with the practice
of many other municipalities that outline these requirements in their own city codes.
Racing event organizers will now have to submit an application first through the
Smyrna Police Department and ultimate approval will come from the Office of the
Assistant City Administrator. It requires that various departments be involved in the
process so all relevant parties are aware and communicating about the event and
any potential issues that may arise. The ordinance requires that race organizers
obtain an emergency medical services plan approved by the Smyrna Fire
Department to provide for the safety of all participants and the public, that they
execute an indemnity form, and that they secure appropriate liability insurance, which
is standard practice in many other communities.
A motion was made by Councilmember Ron Fennel to approve item ORD2017-08
Ordinance 2017-08 to Amend the City of Smyrna Code of Ordinances by Adding
Chapter 11: Racing Events Article I and Article Il; seconded by Mayor pro
tem/Councilmember Teri Anulewicz.
The motion carried by the following vote:
Aye: 5- Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
G. Adoption of a Resolution Supporting the South Cobb Corridor
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Improvement Plan
sponsors, Stoner
City Administrator Tammi Saddler -Jones read aloud the following background for this
item:
This is for the adoption of a Resolution Supporting the South Cobb Corridor
Improvement Plan and approval of the recommendations of the South Cobb Corridor
Improvement Plan and the Adoption of a Resolution Supporting the Plan.
In April 2015 the City Council authorized the submission of an application to the
Georgia Department of Transportation (GDOT) for the funding of a transportation and
land use study of the South Cobb Drive Corridor. In December 2015 the City was
notified that a grant award in the amount of $120, 000 was received from the GDOT.
The funding for this grant was from the Surface Transportation Program Urban
Category. The grant required a twenty (20%) percent match from the City which
amounted to $30,000. The match was included in the FY16 City Budget. The total
amount available for the study was $150,000 ($120, 000 grant + $30, 000 match).
After the completion of the City's Request for Proposal process the Croy Engineering
consulting team was chosen to conduct the study. They initiated the study process in
September 2016.
The study area includes both sides of South Cobb Drive from Windy Hill Road south
to Concord Road (approximately 1.5 miles). The study focused on analyzing
transportation issues, opportunities and challenges along the aforementioned corridor
and makes specific recommendations and proposals for addressing those issues.
The study also addressed land use issues along the study corridor and made
recommendations related to those issues.
The consulting team went through an eight (8) month study process. After completing
an extensive citizen participation process, gathering input from stakeholders in the
study corridor and documenting numerous website survey results, three (3)
improvement concepts were formulated and proposed. Those improvement concepts
and the recommendations regarding land use for the study corridor are outlined in the
attached DRAFT study document. While some minor format changes and corrections
will need to be incorporated into the document, the proposed improvement concepts
and land use recommendations have been finalized.
The results of this study will be utilized to inform the Smyrna Comprehensive Plan
and will also be used as the basis for future funding requests related to the
implementation of the preferred improvement concept.
A motion was made by Councilmember Doug Stoner to table until the June 19, 2-017
Mayor and Council Meeting item 2017-195 for the Adoption of a Resolution
Supporting the South Cobb Corridor Improvement Plan table to the June 19, 2017
Mayor and Council Meeting; seconded by Councilmember Susan Wilkinson.
The motion carried by the following vote:
Aye: 5- CouncilmemberAnulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
H. Authorize the City of Smyrna to enter into an agreement with the
Georgia Department of Transportation for the installation of a state
funded HAWK (High Intensity Activated Crosswalk) Signal, located on
South Cobb Drive approximately 120 feet South of Plaza Dr., and
authorize the Mayor to execute any related documents.
Sponsors: Wilkinson
City Administrator Tammi Saddler -Jones read aloud the following background for this
item:
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This item is to authorize the City of Smyrna to enter into an agreement with the
Georgia Department of Transportation for the installation of a state funded HAWK
(High Intensity Activated Crosswalk) Signal, located on South Cobb Drive
approximately 120 feet South of Plaza Dr., and authorize the Mayor to execute any
related document and to authorize the City of Smyrna to enter into an agreement with
the Georgia Department of Transportation for the installation of a HAWK Signal and
authorize the Mayor to execute any related documents. The HAWK signal is fully
state funded and at no cost to the city. The cost to the state is between $80,000 to
$100,000. The city will provide maintenance and minimal electrical usage. The
HAWK Signal will be located approximately 120 feet South of Plaza Drive on South
Cobb Drive.
Georgia DOT conducted a study along the So. Cobb Drive corridor last year and
determined that a protected mid block crossing was warranted on So. Cobb Drive
120 feet South of Plaza Drive. GDOT is requesting the City execute an application
agreement for the installation of the HAWK Signal. GDOT will cover all costs for the
materials, labor and installation of the crossing. The city would be responsible for the
repairs, maintenance and power costs of the device which is typical of all the traffic
signals along the corridor we currently maintain.
Public Works has reviewed this request from GDOT and recommends the City enter
into an agreement with the Georgia Department of Transportation for the installation
of a HAWK Signal on So. Cobb Drive and authorize the Mayor to execute any related
documents.
A motion was made by Councilmember Susan Wilkinson to approve AGR2017-01
and authorize the City of Smyrna to enter into an agreement with the Georgia
Department of Transportation for the installation of a state funded HAWK (High
Intensity Activated Crosswalk) Signal, located on South Cobb Drive approximately
120 feet South of Plaza Dr., and authorize the Mayor to execute any related
documents; seconded by Councilmember Doug Stoner.
The motion carried by the following vote:
Aye: 5- Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
Approval to change the Mayor and Council Meeting date from Monday
July 3, 2017 to Wednesday July 5, 2017 due to the July 4th Holiday on
Tuesday
Sponsors: Fennel
Tammi Saddler -Jones read aloud the following background:
This item is for the approval to change the Mayor and Council Meeting date from
Monday July 3, 2017 to Wednesday July 5, 2017 due to the July 4th Holiday on
Tuesday
The Mayor and Council discussed postponing the Mayor and Council Meeting on
Monday, July 3rd, at the Committee of the Whole meeting June 1, 2017. This would
allow the availability for a long weekend for elected officials and employees. It was
decided to move this meeting to Wednesday July 5, 2017 beginning at 7:00 PM. This
would also move the Pre Council Meeting to Monday July 5, 2017 at 6:00 PM. All
City facilities will be open Monday July 3, 2017 normal hours 8:00 AM to 5:00 PM. If
employees would like to take July 3rd off they would have to request approval to use
their leave, this would not be an additional holiday.
A motion was made by Councilmember Ron Fennel to move the July 3, 2017 Mayor
and Council meeting to Wednesday July 5, 2017 due to the July 4th Holiday;
seconded by Councilmember Charles (Corkey) Welch.
The motion carried by the following vote:
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Aye: 5- Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
7. Commercial Building Permits:
There were no Commercial Building Permits.
8. Consent Agenda:
A motion was made by Councilmember Doug Stoner to approve the consent agenda
as read aloud by City Administrator Tammi Saddler Jones seconded by Mayor pro
tem/Councilmember Teri Anulewicz.
The motion carried by the following vote:
Aye: 5- Councilmember Anulewirz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Stoner and Councilmember Fennel
Absent: 2 - Councilmember Norton and Councilmember Blustein
A. Approval of the Mayor and Council Meeting Minutes for May 15, 2017
Sponsors: City Council
B. Approval of the Pre -Council Meeting Minutes for May 15, 2017
Sponsors: City Council
C. Approval of the Committee of the Whole Meeting Minutes for May 11,
2017
Sponsors: City Council
D. Award RFP 17-028 Pretty Branch Sanitary Sewer Outfall Rehabilitation
to the lowest bidder Site Engineering Inc. for $325,909.00 and
authorize the Mayor to execute any related documents.
Sponsors: Stoner
9. Committee Reports:
WARD 7 - Councilmember Ron Fennel - Thanked the Finance Committee for the
budget information as well as their diligence with the monies of the citizens. He also
announced that the Smyrna Sharks Swimmers were doing very well in competitions
and were undefeated. He also spoke about the direction of the Parks and Rec
department and expressed his approval towards the new director, Richard Garland.
The Cobb Municipal Association would hold their annual steak dinner meeting in
Acworth next Tuesday night.
WARD 6 - Councilmember Doug Stoner - Reminded citizens of the current studies
and noted the update to the Comprehensive Land Use Plan occurring every 10
years. Thursday, June 8, from 6:30pm - 8:30pm at Brawner Hall was an interactive
meeting to engage the public and receive their input. He mentioned the Guide
Smyma.com website for participation as well.
WARD 5 - Councilmember Susan Wilkinson - made an announcement regarding the
library's Summer Reading Program and noted a variety of events for all ages. The
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Summer Concert Series would begin this Saturday, June 10, 2017 at the Wolfe
Center. Tables are available for rent and the Get Right band would be performing.
She also acknowledged the beautiful recent Garden Tour of Smyrna.
WARD 4 - Councilmember Corkey Welch - Announced an upcoming Ward meeting.
WARD 3 - Mayor Pro Tem / Councilmember Teri Anulewicz - Asked citizens to stop
by Thursday June 8 for the Guide Smyrna event. She also noted a lot that is
changing and all the redevelopment that is occurring and she too commended the
Smyrna Sharks.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
There were no Show Cause Hearings
Mr. Alex Backry: commented on a local coyote problem and the removal of no
packing signs on Shawnee Trail.
Mr. Keith Bently: commented about pedestrian safety and spoke about his
neighborhood working with the City, City Engineer and Mayor Pro Tem Anulewicz.
Mrs. Susan Bently: commented about pedestrian safety also.
Mr. Al Graves: commented about the City Water Department and the recent increase
in water rates.
Mayor Max Bacon adjourned the meeting of the Mayor and Council at 7:56 PM.
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MAYOR AND COUNCIL MEETING
A. MAX BACON, MAYOR
ABSENT
DEREK NORTON, WARD 1
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CHARLES A.WELCH, WARD 4
DOUG S6NER,
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TERI ANULEWICZ, M R PRO TEM
WARD
ABSENT
ANDREA BLUSTEIN, WARD 2
CITY OF SMYRNA
ORDINANCE 2017-08
ORDINANCE TO ADOPT CHAPTER 11 "RACING EVENTS"
OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council wish to provide for the safe and successful
operation of both public and private community events taking place in the public sphere; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding the conducting of racing events, Chapter 11, "Racing Events"
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendment:
Chapter 11, "Racing Events" of the Code of Ordinances of the City of Smyrna, Georgia
is hereby adopted in its entirety as follows:
1.
Chapter 11— Racing Events
Article I — In General
11-01 Definitions.
11-02 Permit required.
11-03 Exceptions.
Article II — Permit Application, Fees, and Requirements
11-04 Application.
11-05 Submission of application by applicant/authority and responsibilities of the City of
Smyrna once application received.
11-06 General considerations regarding approval, denial, or revocation of a racing event
permit.
11-07 Notice to city and other officials.
11-08 Permit fees.
11-09 Duties of permittee.
11-10 Public conduct during racing events.
ARTICLE I — IN GENERAL
11-01 Definitions.
(a) "Racing event' is any organized racing event involving walking, running, or
bicycling in or upon any street, sidewalk, park or other public place in the city.
(b) "Racing event permit' is a permit as required by this chapter.
(c) "Person" is any person, firm, partnership, association, corporation, company or
organization of any kind.
11-02 Permit required.
(a) No person shall organize, form, or start any racing event, unless a racing event permit
shall have been obtained from the office of the assistant city administrator.
(b) Racing Event Permit applications will be available at the police department and filed
there. The police department will review the permit request, communicate with the
appropriate departments and officials, and then make a recommendation to the
assistant city administrator for approval or denial.
11-03 Exceptions.
(a) This chapter shall not apply to:
(1) Students going to and from school classes or participating in school -sponsored
activities; providing such conduct is under the immediate direction and
supervision of the proper school authorities; or
(2) A governmental agency acting within the scope of its functions.
ARTICLE II — PERMIT APPLICATION AND REQUIREMENTS
11-04 Application.
(a) A person seeking issuance of a racing event permit shall file an application with the
police department and all applicable forms as provided by the city.
(b) Filing Period. An application for a racing event permit shall be filed not less than 60
days or more than 365 days before the date on which it is proposed to conduct the
event. An application for a racing event that does not require road closures shall be
filed not less than 3 business days in advance or more than 30 days prior to the event;
(c) Contents. The application for a racing event permit shall set forth the following
information:
(1) The name, address and telephone number of the person seeking to conduct the
racing event, and a copy of a state issued photo ID;
(2) If the racing event is proposed to be conducted for, on behalf of, or by an
organization, the name, address, email address, and telephone number of the
headquarters of the organization, and of the authorized and responsible heads of
that organization;
(3) The name, address, email, and telephone number of the person who will be the
racing event leader and who will be responsible for its conduct along with a 24-
hour contact name and phone number;
(4) The date when the racing event is to be conducted;
(5) The hours when the racing event will start and terminate;
(6) The turn by turn route to be traveled, the starting point and the termination point,
selected from a preapproved list of routes provided by the police department;
(7) The approximate number of persons who, and animals and vehicles which, will
constitute the racing event; the type of animals, and description of the vehicles;
(8) A statement as to whether the racing event will occupy all or only a portion of the
width of the streets proposed to be traversed;
(9) The location by streets of any assembly areas for the racing event;
(10) The time at which participants of the racing event will begin to assemble
at any assembly area or areas;
(11) If the racing event is designed to be held by, and on behalf of or for, any
person other than the applicant, the applicant for the permit shall file with the
office of the city administrator a communication in writing from the person
proposing to hold the racing event, authorizing the applicant to apply for the
permit on his or her behalf;
(12) An executed release and indemnity form.
(13) Agreement to secure insurance and provide proof thereof as outlined
below.
(14) Agreement to secure approval of an Emergency Medical Services plan
from the Emergency Medical Director in the Office of the Fire Chief of the
Smyrna Fire Department, as outlined below.
(d) Requirements. Any racing event must meet the following requirements, as applicable:
(1) All road races must employ a professional road race director/coordinator;
(2) All road race/walk routes need to be selected from preapproved routes supplied by
the Smyrna Police Department;
(3) All events must provide for an approved Emergency Medical Services plan, as
outlined below;
(4) All applicants must execute an approved release and indemnity agreement;
(5) All applicants must secure and provide proof of liability insurance;
(6) All cones and barricades must be provided by the organization requesting the
permit. The number of barricades required for routes will be determined by the
police department;
(7) Event organizers must provide for after -event cleanup, as outlined below;
(8) All racing event participants must be off the roadway by 10:00 a.m.;
(9) No events will be allowed on the following days: Memorial Day; July 2 through
July 6; first Saturday in August; September 11; December 22 through 27;
weekdays during non -holiday work days, and Sundays;
(10) Only one event per day, and only one event in the same month;
(11) No type of voice amplification will be allowed in residential areas;
(12) If an approved event changes its management or ownership, the permit
will be void and it will be necessary to reapply.
(13) Event organizers must meet in person with City of Smyrna officials no
later than two weeks prior to the first proposed date of the event to confirm that
all necessary requirements have been met.
(e) Emergency Medical Services Plan
Emergency Medical Services planning efforts may be required by the Fire
Department based upon the details and nature of the event. These requirements are for
the safety of all participants involved and the general public. All emergency medical
services requirements shall be determined no later than 30 days prior to the event and
confirmation of all plans and/or required efforts must be provided to the City no later
than two weeks prior to the event. Depending upon the event, only a first aid booth
may be required or an Emergency Medical Technician may be necessary for larger
events. The Smyrna Fire Department will determine any reasonable fees associated
with the provision of this supplemental service. Racing event organizers will need to
meet with the Emergency Medical Director in the Office of the Fire Chief to go over
approved racing event plans. After receiving the approved EMS plan, the event
organizer will need to demonstrate their plans to comply with requirements. Failure to
do so can result in revocation of the event permit.
69 Release and Indemnity.
Each applicant must execute a release and indemnity agreement that is provided with
the permit application. Applicants must demonstrate that they are either personally or
organizationally responsible for liability; will guarantee orderly behavior/will
underwrite any damage due to their use of the premises. Liability is assumed by the
applicant in regard to any personal or property damage rising out of activities of the
applicant. It is the responsibility of the applicant to read the application form
completely and understand fully their responsibilities.
(g) Insurance.
A comprehensive liability insurance policy with at least five hundred thousand dollars
($500,000) combined single -limit coverage per occurrence for bodily injury and
property damage with an endorsement naming the CITY OF SMYRNA, specifically
and separately, as an additional insured under the policy. Do not include any specific
department or person. A certificate of insurance is to be provided to the Police
Department or Office of the Assistant City Administrator no less than 30 days prior to
the scheduled event.
If a racing event is approved, it will be approved pending receipt of the insurance
certificate. The insurance agency must be licensed to do business in the state of
Georgia and have a Class B or better rating. The company providing insurance must
provide at least thirty (30) days written notice of cancellation or termination, if such
cancellation or termination of the policy is to occur prior to the indicated expiration
date on the face of the certificate. In the event of any changes or cancellation in the
policy, the City of Smyrna must be notified by certified mail. Forms and guidance
will be made available to the public via the City website or in print as required.
(h) Pre -Event Meeting with City Officials.
Event organizers must meet in-person with all necessary City of Smyrna officials as
determined by the office of the Assistant City Administrator no later than two weeks
prior to the first proposed date of the event to go over all event plans and confine that
all necessary planning, legal, and safety requirements have been met. Failure of the
organizers to do so may result in revocation of the permit and cancellation of the
event.
Additional meetings or communications earlier than this deadline are encouraged to
ensure that all deadlines will be met and that the event can go on successfully. City
officials will make reasonable effort to ensure event organizers' questions are
answered appropriately and in a timely manner and that all the requirements are
understood.
(i) Post -Event Cleanup.
Upon completion of the event, all materials, equipment, and debris shall be entirely
removed and the right-of-way left in a condition satisfactory to the Director of Public
Works. Any costs for clean-up by the City that result from a failure of the permit
holder to properly clean up after the event will be charged to the permit holder.
(j) Late Applications.
The assistant city administrator, where good cause is shown therefore, shall have the
authority to consider any application hereunder which is filed less than the required
deadline before the date the race is proposed to be conducted.
11-05. - Submission of application by applicant/authority and responsibilities of the City of
Smyrna once application received.
(a) Except as otherwise provided in this chapter, the assistant city administrator shall
be charged with the responsibility and authority to determine whether a particular
applicant shall be granted a racing event permit in the time, manner and place
proposed; whether the proposed time, manner, and place of the racing event must
be modified, according to criteria established by this chapter; or, whether such
permit shall be denied altogether.
(b) An applicant shall timely provide all information required for obtaining a permit
to the Smyrna Police Department, and other departments as identified to them.
(c) After reviewing the comments and/or decisions from all of the city officials,
employees, departments and/or bureaus from whom this chapter requires such
feedback, the assistant city administrator shall approve the permit, deny the
permit, or approve the permit with modifications or upon conditions, as set forth
in this chapter. If the application is approved, the assistant city administrator, in
consultation with the heads of affected departments, or their designees, shall
impose restrictions or conditions as to time, manner and place, if the assistant city
administrator deems such restrictions as necessary. These modifications shall be
made when the assistant city administrator and the affected departments, based
upon review of the application, find compelling reasons related only to public
safety, health, or the environment, or to scheduling conflicts with other permitted
uses at the time or place requested. The modifications shall not be based on any
of the factors set forth in subsection 11-06(b) below. The assistant city
administrator may deny a permit based only upon the grounds set forth in this
chapter, and in particular, section 11-06 below. In no event shall permit denial be
based on any of the factors set forth in subsection 11-06(b) below.
(d) For any racing event whose application is due at least 30 days prior to the racing
event, the assistant city administrator shall notify an applicant in writing of their
determination regarding the application within 15 business days after receipt of
the application, but in no event later than 5 business days before the date of the
racing event. For any racing event whose application is due less than 30 days
prior to the racing event, the assistant city administrator shall notify an applicant
in writing of her/his determination regarding the application no later than five
business days before the date of the racing event or three business days after
receiving the application whichever is later. A notification shall inform the
applicant of whether the applicant has been granted a permit to conduct a racing
event without modifications to the racing event proposed on the application;
granted a permit to conduct a racing event with modifications as to time, manner,
or place, or with other restrictions or conditions; or has been denied a permit to
conduct a racing event. Where the permit has been granted with modifications,
the notification shall state clearly the terms of the conditions, restrictions and/or
modifications.
(e) Procedure when racing event permit is approved:
(1) After the assistant city administrator approves the issuance of a permit, the
applicant may obtain such permit by agreeing to accept any classification
and/or conditions imposed in accordance with this chapter, including but not
limited to payment of the applicable permit fee and any other fees required
pursuant to this chapter.
(2) The applicant must have the permit, and all sub -permits, if any, present at the
racing event during the entire duration of the racing event, including but not
limited to set-up and clean up. Failure to abide by this provision may result in
the City, including but not limited to any Smyrna Police Department
Officer's, revoking the permit and/or any sub -permit.
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(f) Procedure when racing event permit request is modified or permit is denied:
When the assistant city administrator denies a permit, they shall set forth in
writing the reasons for such denial in as much detail as possible. When the
assistant city administrator modifies a permit application, they shall, if requested
by the applicant, state in writing on the permit the reasons for the modification in
reasonable detail. A modification, denial or revocation based upon inadequate
police resources, as described in subsections 11-06 (b)(3) and (i) below, shall
state with specificity the reasons for the assistant city administrator's opinion,
giving as much detail as is possible. In denying the permit, or in granting the
permit with modifications, the assistant city administrator shall abide by the
provisions of section 11-06(b) below.
(g) Appeals.
(1) Any aggrieved applicant shall have the right to a hearing before the city
council or their designee, provided that the request for such hearing is made
to the city clerk within five business days after the applicant's receipt of the
assistant city administrator's determination. The designee may be a hearing
officer appointed for that purpose. The person conducting the hearing must be
impartial, and must have had no involvement in the assistant city
administrator's determination.
a. Where the assistant city administrator's determination notice is given
only by mail, the city clerk shall presume that the notice was received
three business days after the mailing. Determination notices given in
person, hand -delivered to the applicant's address, or sent by facsimile
transmission or e-mail shall be presumed to have been delivered on the
date given or sent.
b. Should the council or their designee believe that the assistant city
administrator's modification or denial of the permit was based on
public safety reasons, they shall refer the appeal to the chief of police
or the fire chief, as appropriate. In such situation, the aggrieved
applicant shall have a right to a hearing before the chief of police or
their designee, or the fire chief or their designee, as the council or their
designee deems appropriate. The person conducting the hearing must
be impartial, and must have had no involvement in the assistant city
administrator's determination.
(2) Appeal hearings shall be held within 7 business days after the clerk's receipt
of the request for a hearing. The hearing may be continued at the request of
the applicant or to allow the attendance of any necessary party or witness, but
only from day to day.
(3) The appeal hearing shall be de novo. The person conducting the hearing shall
evaluate the application and the assistant city administrator's decision in
accordance with the criteria of this chapter.
(4) Appeal hearings shall be informal.
(5) The person conducting the appeal hearing may issue their decision verbally at
the conclusion of the hearing, and shall issue a written decision within five
business days thereafter.
The decision shall affirm or modify the assistant city administrator's
determination. hi addition, if the applicant is appealing the denial of a permit,
the hearing officer shall have the right to reverse the assistant city
administrator's determination and either grant the permit, or grant the permit
with conditions.
(6) The written decision of the person conducting the hearing shall be the final
decision of the city in the matter, and shall be subject to review by the
Superior Court of Cobb County by a petition setting forth an appeal and
naming the City of Smyrna as the defending party. The city shall expedite its
response to such petition so as to allow the provision of a judicial
determination of the matter no later than ten days prior to the date of the
racing event, if possible.
11-06. - General considerations regarding approval, denial, or revocation of a racing event
permit.
In determining whether to approve a permit, including but not limited to the time, manner
and place requested, whether to approve the permit with modifications as to time, manner and
place, or whether to deny the permit altogether, the office of the city administrator and any
other city representative evaluating the application, shall be guided by the following criteria:
(a) The office of the assistant city administer shall issue a permit as provided for
hereunder when, from a consideration of the application and from any other
information as may otherwise be obtained, they find that:
(1) The conduct of the racing event will not substantially interrupt the safe and
orderly movement of other traffic contiguous to its route;
(2) The concentration of persons, animals and vehicles at assembly points of the
racing event will not unduly interfere with proper fire and police protection of, or
ambulance service to, areas contiguous to the assembly areas;
(3) The conduct of the racing event will not unreasonably interfere with the
movement of firefighting equipment en route to a fire;
(4) The racing event is scheduled to move from its point of origin to its point of
termination expeditiously and without unreasonable delays en route; and
(5) The racing event is not to be held for the sole purpose of advertising any product,
goods, or event, and is not designed to be held purely for private profit.
(b) Non-discrimination. This provision shall apply to all aspects of permitting. Though
certain sections of this chapter refer to this provision specifically, those references
are for emphasis only, and do not imply that this provision does not apply to all
other sections of the chapter.
(1) No permit shall be denied nor shall the applicant be given less favorable
treatment as to time, manner, or place on account of the race, color, creed,
religion, gender, domestic relationship status, parental status, familial status,
sexual orientation, national origin, political affiliation or gender identity of the
applicant and/or the participants of the racing event.
(2) No permit shall be denied nor shall the applicant be given less favorable
treatment as to time, manner, or place based upon the message of the racing
event, the content of speech of the racing event, nor based on the identity or
associational relationships of the applicant and/or participants.
(3) No permit shall be denied nor shall the applicant be given less favorable
treatment as to time, manner, or place on account of any assumptions or
predictions as to the amount of hostility which may be aroused in the public by
the content of speech or message conveyed by the racing event, provided that
reasonable accommodation as to time, manner and place may be required in
order for the city to provide the resources necessary for police protection.
(c) The assistant city administrator may deny or revoke a permit if an applicant has an
outstanding debt with the city, or if the racing event is done on behalf of or in the
name of a person, organization, corporation or other group that has an outstanding
debt with the city, until such time as payment is received in full.
(d) The assistant city administrator may deny or revoke a permit if an applicant has
failed to complete payment of any sums required for a previously permitted racing
event, until such time as payment is received. Said sums shall include, without
limitation, the cost of supplemental services, and the cost of restoration services,
including those restoration services described in subsections (e) and (f) below,
arising from the past racing event. In the alternative, the assistant city administrator
may condition the granting of a new permit on the payment of amounts in arrears in
connection with the previous racing event. The assistant city administrator may not
require the payment of arrears for previous racing events unless the assistant city
administrator or her/his designee had mailed or delivered to the applicant a demand
for such payment within 60 days after the ending date of such previous racing event.
(e) The assistant city administrator may deny a permit to an applicant who has failed to
substantially perform a cleanup plan which was made a condition of a previous
permit, or who has defaulted on a previous bond in connection with a permitted
racing event until such time as restitution is made in a manner and amount
satisfactory to the assistant city administrator, or until a reasonable plan for
correcting the past deficiency is agreed upon by the applicant and the assistant city
administrator. This provision notwithstanding, the assistant city administrator shall
10
not require the payment of arrears or restoration costs from previous racing events
unless the assistant city administrator or their designee mailed or delivered to the
host a demand for such payment or restitution within 60 days after the ending date
of such previous racing event.
(f) The assistant city administrator may deny a permit to an applicant who caused
significant damage to city streets, sidewalks, parks, and/or other city real or
personal property and, at the time of submitting an application for a new racing
event, failed to adequately repair the damage or failed to pay a bill for restoration
services in full, provided that the assistant city administrator or her/his designee
mailed or delivered to the host a demand for such repair or restoration compensation
within 60 days after the ending date of such previous racing event.
(g) The assistant city administrator may deny or revoke a permit if the applicant has, in
this city or in any other locality, violated a material condition and/or restriction of a
racing event permit, or if the applicant's conduct regarding the racing event was in
violation of law or local ordinance.
(h) The assistant city administrator may modify, deny or revoke a permit when, due to
the scope of the racing event, and the number of police personnel required to
provide protection and traffic control for the racing event, and due to the need for
police personnel elsewhere in the city, the racing event would require the diversion
of such a number of police personnel that it will be more likely than not that normal
police protection elsewhere in the city cannot be provided continuously and safely
for the duration of the racing event.
(i) The assistant city administrator may deny or revoke a permit at any time if it shall
appear by competent evidence that the applicant has made a material
misrepresentation or given incorrect material information on the application. Prior
to such denial or revocation, the assistant city administrator shall notify the
applicant of the evidence and provide the applicant with three business days in
which to rebut said evidence in writing.
(j) The assistant city administrator may deny a racing event permit if the racing event
is being held for an unlawful purpose, and/or violates a federal, state, or local law or
ordinance.
(k) The assistant city administrator may deny or revoke a permit if the applicant does
not receive all departmental approvals required to carry out the racing event, as
established in this ordinance, or does not fulfill any or all of the other racing event
requirements, as established in this ordinance.
(1) The assistant city administrator may revoke a racing event permit upon the
applicant's violation of the rules set forth in this chapter after they have received the
racing event permit.
(m)The assistant city administrator may deny or revoke a racing event permit when by
reason of disaster, public calamity, riot or other emergency, the assistant city
administrator, in consultation with the police chief and/or fire chief, determines that
11
the safety of the public or property requires revocation or denial, provided that the
assistant city administrator shall not revoke such a racing event permit based on any
of the factors set forth in section 11-06(b) above.
(n) A racing event permit may be revoked and a racing event may be terminated for
public safety reasons by the chief of police and/or the fire chief, or their designees,
in consultation with the assistant city administrator.
11-07 Notice to city and other officials.
(a) Immediately upon the application for a parade permit, the Smyrna Police Department
should send a copy thereof to the office of the assistant city administrator, the police
chief, the fire chief, the public works director, the parks and recreation director, and
the community relations director; provided however, that failure to send a copy of the
application to such departments shall not void the subsequent issuance of a parade
permit.
11-08 Permit fees and supplemental services fees.
(a) Permit fees are established for road races/walks that require road closures:
(1) Fees for the road race/walk will be listed on the city's schedule of fees and
charges.
(2) The permittee must pay the officers working the event. The number of
officers and the costs for the officers will be determined by the chief of police.
(3) Cost of additional services will also be listed on the city's chart of fees. The
cost of providing any additional services will be paid to the city 30 days prior
to the event.
(b) Any supplemental services determined to be necessary during the application process,
such as the hiring of an EMT or additional police officers, are to be determined by the
relevant departments in accordance with their standard rates and fees.
11-09 Duties of permittee.
(a) A permittee hereunder shall comply with all permit directions and conditions and
with all applicable laws and ordinances.
(b) The racing event host or their designee, shall be present during the entire racing
event, and shall carry the racing event permit personally during the entire racing
event, including set-up and break -down.
11-10 Public conduct during racing events.
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(a) Interference. No person shall unreasonably hamper, obstruct or impede, or interfere
with any racing event or racing event assembly or with any person, vehicle or animal
participating or used in a racing event.
(b) Driving Through Racing Event. No driver of a vehicle shall drive between the
vehicles or persons comprising a racing event when the vehicles or persons are in
motion and are conspicuously designated as race participants unless directed by
authorized traffic control personnel.
(c) Parking on Racing Event Route. The chief of police shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles along a highway
or part hereof constituting a part of the route of a racing event. The chief of police
shall post signs to the effect, and it shall be unlawful for any person to park or leave
unattended any vehicle in violation thereof. No person shall be liable for parking on a
street not posted in violation of this chapter.
2.
Severability. Should any court of competent jurisdiction declare any section or part of
this Ordinance invalid or unconstitutional, 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.
3.
Repeal of Conflicting Provisions. All ordinances, parts of ordinances, or regulations in
conflict herewith are repealed.
Cl
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances,
City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish
such intention.
This Ordinance shall take effect and be in force from and after the day of its adoption, the
public welfare demanding it.
13
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 541�1 _ day of -W e 2017.
Attest:
.moi
Terri Graham, City Clerk
SEAL
As to form:
Scott Cochran, City Attorney
A. Max Bacon, Mayor
14
RESOLUTION 2017-11
EMERGENCY 911 TELEPHONE SERVICE
WHEREAS, the City of Smyrna is operating an enhanced 911 system which
facilitates the dispatching of emergency services to the residents of Smyrna; and
WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge
of $1.50 from telephone subscribers within the area served by such system; and
WHEREAS, the City of Smyrna has established a separate restricted revenue fund
into which the 911 charges are deposited; and
WHEREAS, these funds alone are not sufficient to pay for the operation of the
enhanced 911 system; and
WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50
911 charge on telephone subscribers;
NOW, THEREFORE, BE IT RESOLVED that the City of Smyma City Council,
by resolution, reaffirm the necessity for the $1.50 911 charge on telephone
subscribers served by the enhanced 911 system for the fiscal year.
Passed this 5th day of June, 2017.
A. Max Bacon, Mayor
Attest:
Terri Graham, City Clerk
Approved as to form:
j _
Scott Cochran, City Attorney