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02.03.2020 February 3, 2020 M&C Minutes - SIGNED with ORD 2020-01SMY NA GEORGIA Monday, February 3, 2020 Rollcall City of Smyrna Meeting Minutes - Final City Council 7:00 PM 2800 King Street Smyrna, Georgia 30080 Council Chambers Present: 7 - Councilmember Glenn Pickens, Councilmember Austin Wagner, Councilmember Travis Lindley, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and Councilmember Lewis Wheaton Also Present: 1 - Scott Cochran Staff: 19 - Tammi Saddler Jones, Heather Peacon-Com, David Lee, Joe Bennett, Robert Harvey, Roy Acree, Brian Marcos, Jennifer Bennett, Frank Martin, Tyler Addison, Louis Defense, Frank Durrance, Rick James , Landon O'Neal, Jon Carter, Terry McCormick, Chris Flowers, Mark Binicewicz and Trey Stevens Call to Order Mayor Derek Norton called the February 3, 2020 Mayor and Council Meeting to order at 7:00 PM. 1. Invocation and Pledge: Pastor Richard L. Bush, Mt. Zion Baptist Church (1789 Hawthorne Avenue) delivered the Invocation and led all in the Pledge of Allegiance. 2. Agenda Changes: There were no Agenda Changes. 3. Mayoral Report: A. 2020-61 Performance by The New SwanSilvertones in honor of Black History Month Attachments: Issue Sheet 2020-61.odf The New SwanSilvertones were introduced by Pastor Bush and performed a lovely song of Prasie and Worship. B. 2020-60 Proclamation in Recognition of Black History Month Attachments: Issue Sheet 2020-60.Pdf Black History Month Proclamation 2020 sianed.Pdf ctryorsmyrne Page 1 Printed on 211012020 City Council Meeting Minutes - Final February 3, 2020 Councilman Lewis Wheaton read aloud the Proclamation for Black History Month and made the presentation. 4. Land Issues/Zonings/Annexations: There were no Land Issues, Zonings or Annexations. 5. Privilege Licenses: There were no Privelege Licenses. 6. Formal Business: A. 2020-56 Public Hearing - Apartment Name Change Request 2020-56 - 2323 Ward Street - Name change from Sun Valley Apartments LLC dba Sun Valley Apartments to The Ward Luxury Apartments LLC dba The Ward Luxury Apartments with Elad Karla as agent. Attachments: Issue Sheet 2020-56.odf WARD LUXURY APTS.odf A motion was made by Councilmember Travis Lindley to approve item 2020-56, a Public Hearing and Apartment Name Change Request for the property located at 2323 Ward Street for the name change from Sun Valley Apartments LLC dba Sun Valley Apartments to The Ward Luxury Apartments LLC dba The Ward Luxury Apartments Li Elad Karla as agent; seconded by Councilmember Susan Wilkinson. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton B. ORD2020-01 Amend Section 2-104 of the City Code regarding operational guidelines for the City Administrator so that the city administrator, subject to limitations exercises control over the regular operational activities of the City Clerk's office and defining the word "Control". Attachments Issue Sheet ORD2020-01.pdf Revisions for clerk reporting to Adm (0021.docx Ordinance 2020-01 City Clerk - City Administrator.docx City Attorney Scott Cochran noted this was an internal "housekeeping" item for the City. A motion was made by Councilmember Travis Lindley to approve item ORD2020-01 an Ordinance to amend Section 2-104 of the City Code regarding operational guidelines for the City Administrator so that the city administrator, subject to limitations exercises control over the regular operational activities of the City Clerk's office and defining the word "Control'; seconded by Councilmember Glenn Pickens. The motion to approve was carried by the following vote: cityotsmyma Page 2 Printed on 211012020 City Council Meeting Minutes - Final February 3, 2020 Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Gould and Councilmember Wheaton Nay: 1 - Councilmember Wilkinson C. 2020-68 Approval of the appointment of Ron Davis to the Downtown Development Authority (DDA), to fulfill term through April 2020 Attachments: Issue Sheet2020-68.odf Councilmember Travis Lindley remarked on the pleasure of Mayor and Council to have Mr. Davis join the Downtown Development Authority. A motion was made by Councilmember Travis Lindley to approve item 2020-68 for the appointment of Ron Davis to the Downtown Development Authority (DDA), to fulfill term through April 2020; seconded by Councilmember Charles "Corkey" Welch. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton D. 2020-70 Appointment of Deputy Police Chief Joe Bennett as City of Smyrna Chief of Police upon retirement of current Police Chief David Lee. Attachments: Issue Sheet 2020-70.0f.rtf Mayor Derek Norton invited current Police Chief David Lee forward to speak regarding his upcoming retirement from the City after serving seven years. He stated that Chief Lee had served the City well and done a fantastic job. He also remarked about Chief Lee's leadership, particularly in Community Policing and in having a great relationship between the department and the community. Chief Lee stated it was both joyful and sad at the same time because he had been doing this pretty much his entire life. He went on to say that although it would be different he looked forward to spending more time with his children and grandchildren. He closed by saying that Deputy Chief Joe Bennett will do a great job for the department and he thought the Mayor and Council had made the right choice for his successor. Mayor Norton then reviewed the resume of Deputy Chief Bennett. He is a lifelong Smyrna resident with a bachelors degree from Reinhardt University, a Master's from Columbus State and is working toward a doctorate in public administration from Valdosta State. He's been with the Smyrna police department since 1995. Deputy Chief Bennett was invited to the podium with his wife Mary Bennett and said that there were great things in store for the City. 'As Mayor Norton mentioned, I'm a lifelong Smyrna resident, I went to our local schools in Smyrna. [My wife] Mary and 1 have chosen to raise our children in this community. So it is my goal to keep Smyrna a safe place to live work and play for our citizens." A motion was made by Councilmember Travis Lindley to approve item 2020-70 for the appointment of Deputy Police Chief Joe Bennett as City of Smyrna Chief of Police upon retirement of current Police Chief David Lee; seconded by Councilmember Charles "Corkey" Welch. city of Smyma Page 3 Printed on 2/10/2020 City Council Meeting Minutes - Final February 3, 2020 7 LI B. C. FBI E. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton Commercial Building Permits: There were no Commercial Building Permits. Consent Agenda: A motion was made by Mayor Pro Tem / Councilmember Tim Gould to approve the consent agenda as read aloud; seconded by Councilmember Travis Lindley. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton 2020-62 Approval of the January 16, 2020 Committee of the Whole Meeting Minutes Attachments: Issue Sheet 2020-62.odf 01,16.20 January 16, 2020 COW Minutes - Final.odt -r2n r, Approval of the January 21, 2020 Pre -Council Meeting Minutes Attachments: Issue Sheet 2020-63.odf 01-21-2020 January 21 2020 Pre -Council Meeting Minutes - FINAL.odf Approval of the January 21, 2020 Mayor and Council Meeting Minutes Attachments: Issue Sheet 2020-64.odf 01.21.2020 January 21, 2020 M&C Mintues - FINAL - No Attachments.odf 2020-49 Approval to extend the Advanced Disposal Commercial Sanitation Contract for one year, with optional annual renewal periods up to five years, ending February 28, 2025. Attachments: Issue Sheet 2020-49.odf Advanced Disoosal.odf 2020-59 Approval and adoption of Restated Defined Benefit Retirement Plan documents and authorize the Mayor to execute related documents CRY of Smyma Page 4 Printed on 2R 012020 City Council Meeting Minutes - Final February 3, 2020 Attachments: Issue Sheet 2020-59.pdf Smyrna CM 1 29 2020,pdf Summary of Amendments 1 6 2020.pdf Amendment 1 to DB Master Plan 9.28.2018.pdf Smyrna Addendum 1 29 2020.pdf 2018 Master Plan .pdf Smyrna AA 1 29 2020.pdf F. 2020-71 Approval of professional Services Agreement with Diligentia Consulting, LLC regarding various public safety initiatives including community policing, recruitment, traffic violation assessment and other duties as directed. Attachments: Issue Sheet 2020-71.pdf Dilioentia Contract 2.3.2020.tif 9. Committee Reports: Councilmember Glenn Pickens - Ward 1 - Reminded the public of the upcoming meeting at 6:30pm with Councilmember Travis Lindley and Councilmember Austin Wagner at Fire Station #3 (2825 Park Road) off of Spring Road regarding the Spring Road Development. Councilmember Austin Wagner - Ward 2 - No Report Councilmember Travis Lindley - Ward 3 - Reminder of a Ward 3 neighborhood meeting on March 15th at 4:00pm at City Hall. He also mentioned the passing of Deacon Billy Alford of Mt. Zion Baptist Church. He also spoke about the recent GMA event, Cities United and what was learned by all in attendance. He came away with an overall sense of how well the City has been run over the years when listening to other cities from all over the state Councilmember Corkey Welch - Ward 4 - Expressed his thanks to Chief David Lee for his years of service to the City. Councilmember Susan Wilkinson - Ward 5 - Also expressed thanks to Chief Lee and remarked that she looked forward to working with incoming Chief Bennett. Mayor Pro Tem / Councilmember Tim Gould - Ward 6 - Spoke about the Meet and Greet for Peace event recently held at Brawner Hall and thanked staff that worked hard to bring it together. He also offered congratulations to both Chief Lee and Chief Bennett. Councilmember Lewis Wheaton - Ward 7 - Stated he was excited to work with Chief Joe Bennett and thanked Chief David Lee for his service. He also remarked about the upcoming Black History Month Celebration on Saturday, February 15th from 11 am - 6pm and noted Congressman David Scott to be in attendance as well as Dr. Archie Ervin, Vice President of Institute Diversity, Equity and Inclusion at Georgia Tech. City Attorney Scott Cochran echoed what Council had stated about Chief David Lee and incoming Chief Joe Bennett. City of Smyrna Page 5 Printed on 2MO12020 City Council Meeting Minutes - Final February 3, 2020 City Administrator Tammi Saddler Jones spoke about Chief David Lee's leadership J and noted he would need to finish up their book club discussion before retiring on Friday. She also congratulated Chief Joe Bennett and his wife Mary. 10. Show Cause Hearings: 11. Citizen Input: 12. Adjournment: There were no Show Cause Hearings. Resident Alex Backry of Shawnee Trail spoke about the lack of citizen input and referendums regarding projects and purchases the City has engaged in over the last several years. He named specific projects and stated he hoped the new regime would consider involving the citizens more in major purchase and spendings. The February 3, 2020 meeting of the Mayor and Council was adjourned at 7:41 PM by Mayor Derek Norton. City of Smyma Page 6 Printed on 211012020 February 3, 2020 MAYOR AND COUNCIL MEETING DEREK NORTON MAYOR A TIN WAG R WARD 2 CHARLES A.WELCH, WARD 4 TIM GOULD, WARD 6 MAYOR PRO TEM 'id� HEATHER K. PEACON-CORN CITY CLERK GL NN P NS, WARD I TRAVISILINDLEY, WARD 3 SUSAN WILKINSON, WARD 5 OFFICIAL SEAL '.may'••........ '' O�.`� itilA Iflut N A Ordinance 2020-01 Amendment of Section 2-104 — Operational Guidelines ORDINANCE # 2020-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SMYRNA TO AMEND SECTION 2-104 OF THE CITY CODE OF ORDINANCES REGARDING OPERATIONAL GUIDELINES FOR THE CITY ADMINISTRATOR, SUBJECT TO LIMITATIONS, EXERCISES CONTROL OVER THE REGULAR OPERATIONAL ACTIVITIES OF THE CITY CLERK'S OFFICE, AND DEFINGING THE TERM "CONTROL" WHEREAS, the City Administrator of the City of Smyrna has control over the regular operational activities of department heads; and: WHEREAS, previous control of regular operational activities of the City Clerk were limited to the Mayor as in section 18 of the Charter of the City of Smyrna. NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY OF SMYRNA, A GEORGIA MUNICIPAL CORPORATION, AND BY THE AUTHORITY OF THE SAME THAT THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA BE AMENDED BY ADDING TO CHAPTER 2, ADMINISTRATION, SECTION 2-104 OPERATIONAL GUIDELINES Section 2-104 (a) (9) a-c: . (a)9a The city administrator shall exercise control over the regular operational activities of any department unless otherwise instructed by the mayor and council or a duly appointed full committee appointed by the mayor. (a)9b The city administrator shall exercise control over the regular operational activities of the City Clerk, however, the control over the City Clerk shall be limited as provided in section 10 herein. (a)9c "Control" as used herein shall mean the power to influence or direct the behavior of employees within the department subject to the provisions of applicable personnel policies. Ordinance 2020-01 Amendment of Section 2-104 — Operational Guidelines Section 2-104 (10) The city administrator shall make all personnel decisions pertaining to the City Clerk as well as all departments of the city and shall have the specific authority to hire or discharge for cause any employee of the city except: Section 2-104 (10) d: The City Clerk This Ordinance shall become effective upon the date of its adoption set forth below. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. U Approved by Mayor and Council this 31' day of February 2020. Derek Norton, Mayor�p.F ........!yy� Attest: = OFFICIAL `. SEAL Heather K. Peacon-Corn, City Clerk '� , , E City of Smyrna Appr ved as to form: Scott Cochran, City Attorney City of Smyrna