08-15-2022 August 15, 2022 Mayor and Council Meeting Minutes - SIGNED - LFF snry�Z City of Smyrna
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Qul1-Meeting Minutes - Final Approved
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City Council
Monday, August 15, 2022
1.
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3.
Roll Call
A. Max Bacon City Hall
Council Chambers
2800 King Street SE
Smyrna, GA. 30080
7:00 PM A. Max Bacon City Hall - Council Chambers
Present: 8 - Mayor Derek Norton, Councilmember Glenn Pickens, Councilmember
Latonia P. Hines, Councilmember Travis Lindley, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Mayor Pro Tern / Councilmember
Tim Gould and Councilmember Lewis Wheaton
Also Present: 2 - Scott Cochran and Phyllis Collins
Call to Order
Staff: 10 - Tyler Addison, Jennifer Bennett, Joe Bennett, Dustin Davey, Jill Head, Brian
Marcos, Russell Martin, Penny Moceri, Heather Peacon-Corn and Keith
Zgonc
Mayor Derek Norton called to order the August 15, 2022 Mayor and Council Meeting
held at A. Max Bacon City Hall in Council Chambers at 7:01 PM.
Invocation and Pledge:
Pastor Jeff Pennington, Smyrna First Baptist (1275 Church Street), led the invocation
and Pledge of Allegiance.
Agenda Changes:
Mayoral Report:
Mayor Norton read from a prepared statement:
Aunt Fanny's Cabin Remarks — 8.15,2022
I want to take a minute to address Aunt Fanny's Cabin and clarify some things, and
particularly some misinformation being thrown out there about this issue.
First of all, I want to remind everyone that we did not go looking for this issue — it came
to us as a structural issue when the roof of the building was literally falling in, and we
had to deal with it. It was in this state of disrepair because a previous administration
moved it and didn't put it on a foundation, and then didn't do any maintenance on it for
25 years. Now, I'm no structural engineer, but you don't have to be one to know that if
you move a wood building and put it on dirt, it's not going to last. Because of its age
and condition, it was estimated to cost several hundred thousand dollars to fix the
building.
And as an aside, this is just one of many problems and issues this elected body has
inherited —1 won't go down the long list but one of which is the lack of any city building
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maintenance plan. And our staff has done a remarkable job navigating these problems
and righting the ship.
For the past year, we've thoughtfully worked through how to address this structure — no
small task considering its history and some of the images and practices associated
with it, and the many points of view on how to proceed.
In the end, the diverse task force I appointed last fall recommended to this council
that we either find someone to move the building or tear it down, so that in its place, on
that site, we can properly memorialize Fanny Williams and her many accomplishments
in this community. The council voted in January to support that recommendation, put
out an RFP for anyone who wanted to move it, and, absent a responsive bid, would
demolish the structure.
When no bids were received by the deadline, the council decided to extend the
deadline 90 days with the hope that someone would come forward to move it. After 90
days, we had two responsive bids that met the RFP specifications and voted on one to
proceed. Earlier this month when that individual was unable to move the structure, we
contacted the other responsive bidder and she declined to take the building. After
nearly a year, this council then discussed the issue last Thursday and decided to keep
with their previous vote and remove the structure. That occurred last week on Friday.
Now there is a lot of misinformation being put out there — we are being accused of
lying about there not being a foundation under the building — let me be clear— there
was no foundation. There were support walls under the newer added portion, but not
under the cabin.
We are also being accused of putting citizens at risk because of hazardous
materials... and this just goes to show just because its on social media doesn't mean
you should believe it. We satisfied EVERY requirement when we pulled the demolition
permit in January, and it's right here in my hand. No asbestos present, and every other
requirement was met. There was no danger to anyone. Period.
No matter where you stood on this issue, whether you were for the building staying or
for it going, or for it being knocked down or not, ALL involved agreed that Fanny
Williams should be properly memorialized, and that is exactly what we plan to do on
that site. Mayor Pro Tem Tim Gould and Councilman Wheaton co-chair a talented,
diverse group with Pastor Derek Porter, Councilwoman Latonia P. Hines, Jeriene
Grimes, and others that will bring forward a plan for the memorial by the end of the
year, and I have no doubt it's going to be fantastic.
I look forward to moving on and focusing on this memorial, which is what we all ought
to be focused on anyway, and spending time on all of the great projects and
contagious energy that we have here in Smyrna, GA.
A. 2022-402 Recognize Smyrna Little League Blue All -Stars (11 u) - GA State Champs
Mayor Norton provided the following information about the Smyrna Little League 11 u
Blue All -Stars:
• Won the Georgia State Championship, their second in a row; first team ever at
Smyrna Little League to win back-to-back state championships
• Traveled to Wilson, NC to represent Georgia in the Tournament of State
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Champions
• Made it all the way to the semi-finals
• This was Smyrna's third team to be the Georgia representative, all in 11 u. The first
team went in 2014, and the 2018 team won the tournament.
2022 Players:
Andy Axe
Parker Babb
Owen Boucher
Edwin DuPriest
Logan Godsey
Crockett Hyatt
Brady Jordan
Isaac Maddox
Jack Shapiro
Hudson Skeeters
Ryan Taylor
Jackson Winters
Jackson Zaring
Coaches:
Ethan Shapiro
Bryce Godsey
Joe Winters
Jason Zaring
B. 2022-403 Recognize Smyrna Elite Track Sports Club
Mayor Norton provided information about the Smyrna Elite (Track Sports Club):
• Participated in the USATF National Junior Olympic Track & Field Championships
in Sacramento CA, July 25-31
• Won the GOLD in the 4 x 400 relay
4x 400 Team members (from Nickajack Elementary & King Springs Elementary):
Leighla Rochelle Herriot
Layla Oppong
Alexandria Robinson
Victoria Williams
Coaches:
AJ Davis (Head Coach)
Deon Turner (Asst Coach)
Rickey Oglesby (Asst Coach)
Seryna Muhammad (Asst. Coach)
Malcolm Johnson (Asst. Coach)
Jason Walker (Asst. Coach)
C. 2022-398 Authorization for the appointment and swearing in of Brian Marcos as
Fire Chief for the City of Smyrna as a result of the retirement of Chief Roy
Acree on July 29, 2022 and at the recommendation of the City
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Administrator, Joseph Bennett.
Joe Bennett, City Administrator, provided the following background:
Brian Marcos began his current tenure as the Deputy Fire Chief, and the Deputy
Director of Emergency Management at the Smyrna Fire Department, in 2014. He
began his career with the Smyrna Fire Department in 2006, being promoted through
the ranks until his 2014 appointment to Deputy Fire Chief.
Brian holds a Chief Fire Officer Designation (CFO) from the Commission on
Professional Credentialing, is a Certified Emergency Manager, a Georgia Certified
Paramedic, and he is a Georgia Smoke Diver.
He currently serves as the Georgia State Director for the Southeastern Association of
Fire Chiefs, President of the United Leadership Program, and is the Area 7 District
Vice President for the Georgia Association of Fire Chiefs.
Brian has writings on public safety leadership topics that have received publication in
national trade magazines. He is a graduate of Leadership Cobb (2017) and is serving
as the 2022 Co -Vice Chair. He completed the Executive Leadership Program for
Manager and Directors through Kennesaw State University (KSU).
In 2020, he was named the Chief Fire Officer of the Year by the Georgia Association
of Fire Chiefs. That same year, he was named one of Cobb Life Magazines "20 under
40", as well as one of the 50 Most Influential Hispanics in Georgia, by the Georgia
Hispanic Chamber of Commerce.
Marcos has an Associate's degree in Fire Science, a Bachelor's degree in Fire
Administration, and is completing his Master's in Public Administration from Columbia
Southern University. He recently celebrated 18 years of marriage to his wife Ashley,
and has three children, Bryson, Kyla, and Levi.
Judge Phyllis Gingrey Collins swore in Brian Marcos as the Fire Chief of the City of
Smyrna, Georgia.
Chief Brian Marcos stated that going on this journey does not happen alone. He has
received so much support from family, friends, and co-workers. He thanked the Mayor
and Council for their support.
Councilmember Travis Lindley made a motion to approve item 2022-398, the
appointment and swearing in of Brian Marcos as Fire Chief for the City of Smyrna as a
result of the retirement of Chief Roy Acree on July 29, 2022 and at the
recommendation of the City Administrator, Joseph Bennett; seconded by
Councilmember Latonia P. Hines.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
4. Land Issues/Zonings/Annexations:
A. 2022-145 Public Hearing - Zoning Request - Z22-005 - Allow rezoning from GC &
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OI to TS-Conditional for the development of a 107 room hotel and
rebranding of a 135 room hotel - 3.115 acres - Land Lots 846, 880 & 881
- Mogar Farms Funding LLC - 2855 Spring Hill Pkwy & 2685 Spring Rd.
The applicant requests to table to the October 17, 2022 meeting of
Mayor & Council.
Ward 1 / Councilmember Pickens
Councilmember Glenn Pickens made a motion to table item 2022-145, a public hearing
and zoning request (Z22-005) to allow rezoning from GC & OI to TS-Conditional for the
development of a 107 room hotel and rebranding of a 135 room hotel on 3.115 acres on
land lots 846, 880 & 881 located at 2855 Spring Hill Pkwy & 2685 Spring Rd. by
applicant Mogar Farms Funding LLC to the September 19, 2022 Mayor and Council
meeting; seconded by Councilmember Travis Lindley.
The motion to table this to the September 19, 2022 Mayor and Council meeting carried
with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
B. 2022-347 Plat Approval - Approval for the subdivision of property at 2400 Lake
Park Drive into two parcels. Land Lot 779, 780, 805 & 806 - 9.73 acres -
2400 Lake Park Drive - 2400 Lake Park Atlanta LLC
Ward 2 / Councilmember Hines
Joe Bennett, City Administrator, provided the following background:
2400 Lake Park Atlanta Office LLC is requesting approval to subdivide their property at
2400 Lake Park Drive into two commercial parcels. The applicant plans to subdivide
the property within the requirements of the MU (Mixed Use) zoning district, so no
rezoning is required. The proposal is to divide the property so the existing office
building and new multi-family/retail mixed use building are on separate lots. The
subject property is 9.7 acres in size and is zoned MU (Mixed Use). The proposed
subdivision will result in two lots being 6.5 acres with the mixed use building and 3.23
acres with the existing office building.
Community Development recommends approval.
Councilmember Latonia P. Hines made a motion to approve item 2022-347, a plat
approval for the subdivision of property at 2400 Lake Park Drive into two parcels on land
lots 779, 780, 805 & 806 on 9.73 acres located at 2400 Lake Park Drive by applicant
2400 Lake Park Atlanta LLC; seconded by Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
C. RES2022-10 Public Hearing: Approval of Resolution RES2022-10 for a moratorium
extension on the acceptance of rezoning and variance applications
seeking to develop or otherwise use the property as a townhome or for a
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townhome development from September 15, 2022 to September 19,
2022 and authorize the Mayor to sign and execute all related documents.
Ward / Citywide
Joe Bennett, City Administrator, provided the following background:
The City Council has received complaints regarding the lack of development and
architectural standards for townhome developments. The moratorium would provide the
City the opportunity to evaluate existing design standards for new townhome units and
to consider amendments to the zoning ordinances regarding towhome developments.
The request is to establish a moratorium on the acceptance of rezoning and variance
applications for townhome developments starting March 15, 2021 and extending
through and including September 15, 2022.
A Town Hall meeting has been scheduled at Brawner Hall for Tuesday, August 23,
2022 at 6:30pm at City Hall / Council Chambers to receive public input regarding the
draft Townhome Design Standards ordinance.
This item has an expected date for final vote of September 19, 2022 at the Mayor and
Council meeting.
Councilmember Travis Lindley made a motion to approve item RES2022-10, a public
hearing and resolution (RES2022-10) for a moratorium extension on the acceptance of
rezoning and variance applications seeking to develop or otherwise use the property as
a townhome or for a townhome development from September 15, 2022 to September
19, 2022 and authorize the Mayor to sign and execute all related documents, -
seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
D. ORD2022-12 Public Hearing: Approval of Ordinance ORD2022-12 - Annexation
request (60% owners requesting annexation) - all tract or parcels as
attached and defined in the issue and background section, of land lying
and being in Land Lot 191, 242 and 243 of the 17th District, 2nd Section,
Cobb County, Georgia; a subdivision known as Heritage Mill Subdivision
to be effective September 1, 2022 and part of Ward 4 and authorizes the
Mayor to sign and execute all related documents.
Ward 4 / Councilmember Welch
A public hearing was called. City Attorney Scott Cochran swore in those who came
forward to speak.
George Kuechenmeister - 480 Norton PI in Heritage Mill - stated he wanted to find out
what services their neighborhood would receive once annexed. Russell Martin,
Community Development Director, stated a group of citizens from that community
petitioned the City to annex into Smyrna. If annexed, they will receive fire, police, code
enforcement, sanitation services, as well as have access to the Smyrna park system
and library. Mr. Kuechenmeister expressed, 'if it ain't broke, don't fix it, " and further
stated he does not understand the benefits in doing so. Councilmember Welch stated
that he and his community were also in the same position about 20 years ago, and the
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benefits, although with some limitations, are worthwhile benefits to have. Ultimately,
the residents in Mr. Kuechenmeister's community wanted to be part of the City of
Smyrna, not the City of Mableton.
Kendra King - 4016 Benell Ct in Heritage Mill - stated she and her family support this
annexation. When they initially purchased their home, they thought they were buying in
the City of Smyrna. Her family is well -established in the Smyrna community with her
son playing basketball for Smyrna, attending King Springs Elementary, etc. They are
excited about having access to the library and want to support it. And Ms. King further
stated they did not want to be in Mableton, they wanted to be in Smyrna.
Bill Bailey - 4021 Benell Court in Heritage Mill - stated he is in favor of the Smyrna
annexation. For fire and police alone they wanted to be part of Smyrna. Mr. Bailey did
ask that something informational be provided to the homeowners to assist with the
transition. The residents need to know how to transition to sanitation services, pay
taxes, apply for homestead exemption, etc. Mr. Martin explained that Community
Development is putting together an informationaUwelcome letter to the residents with
pertinent instructions and phone numbers. He did explain that Heritage Mill will
continue to receive water services through Cobb County, but most other services will
be through Smyrna. On an aside, Mr. Bailey mentioned that he is the president of the
Smyrna Jonquil Lyons Club and invites all to join because they are always looking for
volunteers.
Christine Neptune - 4018 Benell Ct in Heritage Mill - stated she and her husband, John
Wallace, approve of this annexation. She understands the benefits of the annexation
despite not being too excited about the taxes.
Tom O'Connor - 402 Benell Ct in Heritage Mill - stated he has been a resident of
Heritage Mill since 1989. He recently saw how slow Cobb County emergency services
are to respond and thinks that being part of Smyrna will mean faster and more
responsive services.
Councilmember Welch stated that this process started when there was a town hall
meeting in the Heritage Mill subdivision. The most important aspect that needed to be
addressed that came out of that meeting was public safety. He looks forward to having
them as part of Ward 4 and recommends reaching out to him if they questions or
concerns.
Councilmember Charles Welch made a motion to approve item ORD2022-12, a public
hearing and ordinance (ORD2022-12) for the annexation request (60% owners
requesting annexation) on all tract or parcels as attached and defined in the issue and
background section, of land lying and being in land lot 191, 242 and 243 of the 17th
District, 2nd Section, Cobb County, Georgia, a subdivision known as Heritage Mill
Subdivision to be effective September 1, 2022 and part of Ward 4 and authorizes the
Mayor to sign and execute all related documents; seconded by Councilmember Lewis
Wheaton.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
E. ORD2022-15 Public Hearing: Approval of Ordinance ORD2022-15 - Annexation
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request (60% owners requesting annexation) - all tract or parcels as
attached and defined in the issue and background of land lying and being
in Land Lot 466 and 471 of the 17th District, 2nd Section, Cobb County,
Georgia; a subdivision known as Vining Brooke Subdivision to be
effective September 1, 2022 and part of Ward 7 and authorizes the
Mayor to sign and execute all related documents.
Ward 7 / Councilmember Wheaton
A public hearing was called. City Attorney Scott Cochran swore in those who came
forward to speak.
McKieva Sullivan - 5365 Bluestone Circle in Vinings Brooke - stated she loves the city
of Smyrna but is unclear what the annexation means to her neighborhood. She asked
about the zip code and other postal information. Councilmember Wheaton stated that
they can maintain their address as -is and put Smyrna as the city. The zip code change
is still in discussion. Ms. Sullivan asked about filing for homestead exemption and if
there is a deadline to do so. Mr. Martin explained that though they have a homestead
exemption through Cobb County, they will need to also file an exemption through the
City of Smyrna. Mr. Martin stated he will check on the deadline and let them know. Ms.
Sullivan asked about the benefits such as use of the Community Center. Joe Bennett,
City Administrator, stated that being a resident allows residents use of the Community
Center and other facilities at a discounted rate.
Councilmember Lewis Wheaton made a motion to approve item ORD2022-15, a public
hearing and ordinance (ORD2022-15) for the annexation request (60% owners
requesting annexation) on all tract or parcels as attached and defined in the issue and
background of land lying and being in land lot 466 and 471 of the 17th District, 2nd
Section, Cobb County, Georgia, a subdivision known as Vinings Brooke Subdivision to
be effective September 1, 2022 and part of Ward 7 and authorizes the Mayor to sign
and execute all related documents; seconded by Councilmember Latonia P. Hines.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
F. ORD2022-16 Approval of Ordinance ORD2022-16 - Annexation request (100% owners
requesting annexation) - all tract or parcels as attached and defined in the
issue and background of land lying and being in Land Lot 611of the 17th
District, 2nd Section, Cobb County, Georgia; a subdivision known as
Buckland Oaks Subdivision to be effective September 1, 2022 and part
of Ward 7 and authorizes the Mayor to sign and execute all related
documents.
Ward 7 / Councilmember Wheaton
Joe Bennett, City Administrator, provided the following background:
The applicant is seeking approval for annexation of all that tract or parcel of land lying
and being in land lot 611 of the 17th District, 2nd Section, Cobb County, Georgia
known as Buckland Oaks Subdivision, Smyrna, GA. Effective date September 1,
2022. Certified letters were sent by the City Clerk to the Cobb County Clerk's Office
and the Cobb County Community Development Planning Division on July 13, 2022 and
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a letter of non -objection was received from Cobb County on August 1, 2022. This
subdivision is located in Ward 7.
Councilmember Lewis Wheaton stated he had a great meeting with the residents of
this community.
Councilmember Lewis Wheaton made a motion to approve item ORD2022-16, an
ordinance (ORD2022-16) for the annexation request (100% owners requesting
annexation) on all tract or parcels as attached and defined in the issue and background
of land lying and being in land lot 611 of the 17th District, 2nd Section, Cobb County,
Georgia, a subdivision known as Buckland Oaks Subdivision to be effective September
1, 2022 and part of Ward 7 and authorizes the Mayor to sign and execute all related
documents; seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
5. Privilege Licenses:
A. LIC2022-10 Privilege License Request LIC2022-10 - Beer and Wine (retail package)
- 3418 South Cobb Drive SE - Shah Kwik Mart, LLC dba Kwik Mart with
Pathik Shah as agent.
Ward 3 / Councilmember Lindley
Joe Bennett, City Administrator. provided the following background:
Pathik Shah as registered agent for Shah Kwik Mart, LLC dba Kwik Mart requests a
privilege license for the sale of Beer and Wine (retail package) at 3418 South Cobb
Drive SE.
Pathik Shah will be the registered agent responsible for the sale of alcohol at the
referenced location. Mr. Shah has been given a copy of the Alcoholic Beverage
Ordinance and attended the mandatory alcohol awareness workshop.
A background check was conducted on this applicant. There was nothing in his
background within the requirements of City of Smyrna Ordinance 6-51 that would
prohibit him from holding the license. Mr. Shah has agreed to abide by the guidelines
set forth by the City of Smyrna ordinance governing the sale of alcohol.
Councilmember Travis Lindley asked the applicant to come forward. He asked the
applicant, Pathik Shah, to describe the location and approximately when it will open.
Mr. Shah stated that it will be a gas station. There were delays in opening because of
manufacturing issues with the tank. He is planning to open the first week of
September. Councilmember Lindley asked if the requisite courses had been taken
successfully. Mr. Shah answered in the affirmative.
Councilmember Travis Lindley made a motion to approve item LIC2022-10, a privilege
..� license request (LIC2022-10) for beer and wine (retail pakage) located at 3418 South
Cobb Drive SE by applicant Shah Kwik Mart, LLC dba Kwik Mart with Pathik Shah as
agent; seconded by Councilmember Latonia P. Hines.
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The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
6. Formal Business:
A. AGR2022-29 Approval of the proposed agreement with Croy Engineering (200 Cobb
Parkway North, Building 400, Suite 413, Marietta, Ga. 30062) for
professional services for Program Management of the 2022 SPLOST as
requested for the fiscal year 2023 in the amount of $420,000.00 for the
projects as outlined in the attached proposal and authorize the Mayor to
sign and execute all related documents.
Ward / Citywide
Joe Bennett, City Administrator, provided the following background:
The scope of work provided by the Program Management Task Order will be as
outlined in the Professional Services Agreement for Smyrna 2022 SPLOST Program
Management Services.
This work will be completed as an hourly not to exceed fee project. Invoicing will be
progressive and will be submitted monthly for work completed to date less previous
payments.
This proposal incorporates, as if fully set forth herein, the terms and conditions of the
Professional Services Agreement for Smyrna 2022 SPLOST Program Management
Services dated June 7, 2021, between Croy Engineering, LLC and the City of Smyrna.
If this proposal is acceptable, the Mayor will have the authority to sign and execute all
related documents.
Councilmember Charles Welch made a motion to approve item AGR2022-29, an
agreement with Croy Engineering (200 Cobb Parkway North, Building 400, Suite 413,
Marietta, Ga. 30062) for professional services for Program Management of the 2022
SPLOST as requested for the fiscal year 2023 in the amount of $420,000.00 for the
projects as outlined in the attached proposal and authorize the Mayor to sign and
execute all related documents; seconded by Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tem /
Councilmember Gould and Councilmember Wheaton
B. AGR2022-30 Approval of the proposed agreement with Croy Engineering (200 Cobb
Parkway North, Building 400, Suite 413, Marietta, Ga. 30062) for
professional services for Program Management of the 2016 SPLOST as
requested for the fiscal year 2023 in the amount of $108,000.00 for the
projects as outlined in the attached proposal and authorize the Mayor to
sign and execute all related documents.
Ward / Citywide
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Joe Bennett, City Administrator, provided the following background:
The scope of work provided by the Program Management Task Order will be as
outlined in the Professional Services Agreement for Smyrna 2016 SPLOST Program
Management Services.
This work will be completed as an hourly not to exceed fee project. Invoicing will be
progressive and will be submitted monthly for work completed to date less previous
payments.
This proposal incorporates, as if fully set forth herein, the terms and conditions of the
Professional Services Agreement for Smyrna 2016 SPLOST Program Management
Services dated August 3, 2015, between Croy Engineering, LLC and the City of
Smyrna.
This acceptance will allow the Mayor to execute and sign all related documents.
Councilmember Latonia P. Hines made a motion to approve item AGR2022-30, an
agreement with Croy Engineering (200 Cobb Parkway North, Building 400, Suite 413,
Marietta, Ga. 30062) for professional services for Program Management of the 2016
SPLOST as requested for the fiscal year 2023 in the amount of $108,000.00 for the
projects as outlined in the attached proposal and authorize the Mayor to sign and
execute all related documents; seconded by Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
C. CON2022-12 Approval of the contract for Guaranteed Maximum Pricing between the
City of Smyrna and Winter Construction Company (5616 Peachtree
Road, Suite 100, Atlanta, Georgia 30341) for the Downtown
Improvements - Green Space as referenced and approved in the
agreement AGR2022-07 authorized by Mayor and Council on April 18,
2022 and authorize the Mayor to sign and execute all related documents.
Ward 3 / Councilmember Lindley
Joe Bennett, City Administrator, provided the following information:
This contract will specify the Guaranteed Maximum Pricing (GMP) as previously
discussed.
The new green space will be situated in the area previously occupied by a large traffic
circle, flanked by the Smyrna Community Center and Smyrna Public Library. The
design includes large, flexible lawn spaces, numerous shade structures, plaza space,
public art locations and ADA accessible routes. The green space improvements will
coincide with site and roadway improvements designed by Croy Engineering. The
roadway construction will begin prior to the park.
Staff recommends approval.
Councilmember Travis Lindley made a motion to approve item CON2022-12, the
contract for Guaranteed Maximum Pricing between the City of Smyrna and Winter
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Construction Company (5616 Peachtree Road, Suite 100, Atlanta, Georgia 30341) for
the Downtown Improvements - Green Space as referenced and approved in the
agreement AGR2022-07 authorized by Mayor and Council on April 18, 2022 and
authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Mayor Pro Tern / Councilmember Gould and
Councilmember Wheaton
Nay: 1 - Councilmember Wilkinson
D. RES2022-11 Approval of Resolution RES2022-11 for the City of Smyrna, Georgia
adopting redistricting criteria for the redistricting of the City Council
Ward's following the 2020 Census and authorize the Mayor to sign and
execute all related documents.
Ward / Citywide
Joe Bennett, City Administrator, provided the following background:
As a result of the 2020 Census, the boundaries of the City of Smyrna, Georgia's
("City') seven councilperson wards require redistricting in accordance with applicable
state and federal law; the Mayor and City Council ("Governing Body') of the City have
engaged redistricting legal experts and consultants to assist the City in its redistricting
efforts; and, the Governing Body now desires to adopt certain redistricting principles to
serve as a roadmap for drafting ward boundaries.
Section 1. That any redistricting plan to be considered and adopted by the Governing
Body shall comply with the U. S. Constitution, the Georgia Constitution, applicable
state and federal law, including the Voting Rights Act of 1965, as amended, and such
plan shall also contain contiguous wards within +/- 5% deviation from the ideal ward
population. In addition to these primary criteria and to the extent practicable, the
Governing Body may also separate incumbents into individual districts, maintain core
retention to avoid voter confusion and follow natural geographic boundaries in drawing
ward lines.
Section 2. That upon completion of a draft redistricting map adhering to the criteria
adopted herein, the Governing Body shall order and set a public hearing to provide the
public an opportunity to review and comment on the redistricting process.
Section 3. Prior to any final adoption, the City will proceed with the required charter
amendment process authorized by Official Code of Georgia Annotated § 36-35-4.1.
Councilmember Travis Lindley made a motion to approve item RES2022-11, a
resolution (RES2022-11) for the City of Smyrna, Georgia adopting redistricting criteria
for the redistricting of the City Council Wards following the 2020 Census and authorize
the Mayor to sign and execute all related documents; seconded by Councilmember
Latonia P. Hines.
The motion to approve carried with the following vote:
City of Smyrna Page 12
City Council Meeting Minutes - Final August 15, 2022
Approved
VA
8
A.
B.
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
Commercial Building Permits:
Consent Agenda:
A motion was made by Councilmember Travis Lindley, seconded by Councilmember
Latonia P. Hines, to approve the Consent Agenda. The motion carried with the following
vote:
Aye: 7 - Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould and Councilmember Wheaton
MIN2022-53 Approval of the July 28 , 2022 Committee of the Whole Meeting Minutes.
Ward / Citywide
These Minutes were Approved on the Consent Agenda.
MIN2022-59 Approval of the August 1, 2022 Special Called Meeting of the Mayor and
Council.
Ward / Citywide
These Minutes were Approved on the Consent Agenda.
C. MIN2022-54
D. MIN2022-55
Approval of the August 1, 2022 Pre -Council Meeting Minutes.
Ward / Citywide
These Minutes were Approved on the Consent Agenda.
Approval of the August 1, 2022 Mayor and Council Meeting Minutes.
Ward / Citywide
These Minutes were Approved on the Consent Agenda.
E. 2022-397 Approval to use Council Chambers for a joint Town Hall Meeting (Wards
1, 2 and 3), October 4, 2022, 7:OOpm at A. Max Bacon City Hall, 2800
King Street SE, Smyrna Ga. 30080.
Ward 1 / Councilmember Pickens
Ward 2 / Councilmember Hines
Ward 3 / Councilmember Lindley
This Authorization was Approved on the Consent Agenda.
F. 2022-401 Approval to use Council Chambers for a joint Town Hall Meeting (Wards
3 and 6), November 16, 2022, 7:OOpm at A. Max Bacon City Hall, 2800
King Street SE, Smyrna Ga. 30080.
Ward 3 / Councilmember Lindley
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City Council Meeting Minutes - Final August 15, 2022
Approved
Ward 6 / Mayor Pro Tem & Councilmember Gould
This Authorization was Approved on the Consent Agenda.
G. 2022-422 Approval to use the Jonquil Room at the Smyrna Community Center for a
Ward 2 Town Hall meeting on Tuesday, August 30, 2022 from 6:30PM -
8:00pm at 200 Village Green Circle SE, Smyrna, GA 30080.
Ward 2 / Councilmember Hines
This Authorization was Approved on the Consent Agenda.
H. 2022-410 Approval to use Council Chambers for a Town Hall Meeting on the
proposed townhome design standards on Tuesday, August 23, 2022,
6:30 pm at A. Max Bacon City Hall, 2800 King Street SE, Smyrna Ga.
30080.
Ward / Citywide
This Authorization was Approved on the Consent Agenda.
2022-411 Authorize the closing of downtown streets (managed by Smyrna PD) for
the purpose of setup, facilitation and breakdown of the new Culture &
Spirit Festival along with the 150th Birthday Celebration with Fireworks
display to be held on Saturday, October 8, 2022 from 11:00 am until
10:00 pm with setup beginning as early as needed around City Hall and
the Market Village - along with assets delivery and placement along
various corridors - on Friday, October 7 and breakdown and removal of
assets to begin at the conclusion of the festivities on Saturday, October 8
- streets opened early Sunday, October 9 am - with some assets to be
collected on Monday, October 10 within open parking lots and along
open roadways.
Ward 3 / Councilmember Lindley
This Authorization was Approved on the Consent Agenda.
2022-416 Authorization for street closures and council approval to serve beer and
wine in the lower Market Village around the pavilion (see map for
proposed location) on Thursday, November 3, 2022 from 7:00 a.m.
-11:00 p.m. for a Jazz Under the Gazebo private event of the Vineyard
Wine Market in partnership with the Smyrna Public Safety Foundation.
Ward 3 / Councilmember Lindley
This Authorization was Approved on the Consent Agenda.
K. 2022-415 Recommendation to appoint Jill Gordon -Evans by Ward 5
Councilmember Susan Wilkinson to serve on the Planning and Zoning
Commmission as the Ward 5 representative for a term to expire
December 31, 2023.
Ward 5 / Councilmember Wilkinson
City of Smyrna Page 14
City Council Meeting Minutes - Final August 15, 2022
Approved
This Appointment was Approved on the Consent Agenda.
9. Ward / Committee Reports:
Councilmember Pickens: On October 4, 2022 at 7:00 PM there will be a joint Ward
town hall meeting for Wards 1, 2, and 3.
Councilmember Hines: On August 30, 2022 at the Community Center in the Jonquil
Room, Ms. Hines will host her first Ward 2 town hall. She is looking forward to the joint
meeting with Councilmember Pickens and Lindley on October 4, 2022.
Councilmember Lindley: A town hall meeting on the proposed Townhome Ordinance
will be held on August 23, 2022 at 6:30 PM at City Hall.
Councilmember Welch: Griffin Middle School is celebrating their 50th anniversary on
September 18, 2022 from 3:00 - 5:00 PM. The Smyrna Historical Society is having an
historic driving tour on September 10, 2022. They will visit eight historic sites beginning
at 10: 00 and 2:00. Visit the Parks & Recreation website for tickets and information.
Councilmember Wilkinson: A recent neighborhood meeting was held near Pat Mell
about traffic calming. She thanked City staff for their input.
Mayor Pro Tem/Councilmember Gould: A Traffic Calming Committee meeting took
place to discuss improvements on Ridge Road. He thanked staff members Ashley
White, Eric Randall, and Penny Moceri. There was good dialogue with good ideas. The
goal for the Traffic Calming Committee is to improve traffic safety and pedestrian
safety. Mr. Gould talked about the Committee to Honor Fanny Williams which is made
up of a diverse and dedicated group of citizens. The goal is to create a living memorial
for Fanny Williams because her life work is what we want to remember. A mission
statement is being created and will be used to issue and RFP to the art community.
Councilmember Wheaton: A Ward 7 town hall will be held on Thursday, August 18,
2022 at 6:30 PM in Council Chambers. The main topic will be the Short-term Rental
Ordinance and how to implement it within HOA covenants, etc. Dr. Wheaton echoed
Mayor Pro Tem Gould's statement. Dr. Wheaton is incredibly excited to be able to
focus on moving forward in honoring Fanny Williams appropriately. This process is
inspired by the 9/11 Memorial and how it was planned and organized. The memorial will
be more than a statue, more than a plaque, more than a fountain - it will be something
that really impacts this community in Smyrna and beyond.
Heather Peacon-Corn, City Clerk: She extended her congratulations to Fire Chief Brian
Marcos on his appointment, and she thanked the public safety staff for their service to
the City.
10. Show Cause Hearings:
11. Citizen Input:
Jenny Bartee - 4094 Laurel Springs Way - Ms. Bartee expressed it is a shame to
remove trees from the downtown area and replace them with manmade shade
structures because trees are natural shade structures. She also stated she hopes
there will be no fake grass. On the subject of Aunt Fanny's Cabin, she expressed it
City of Smyrna Page 15
City Council Meeting Minutes - Final August 15, 2022
Approved
12. Adjournment:
was wrong to demolish the cabin and that the administration did not communicate
enough with the public. She is disappointed in the Mayor and most of the Council for
their decision.
Shaun Martin - 2884 Anderson Cir - Ms. Martin expressed her displeasure that Aunt
Fanny's Cabin was demolished. She provided information she said she discovered in
her own research about Fanny Williams and the cabin. She stated it is not clear if the
cabin has asbestos.
Kathy Omaits - 207 Countryside - Ms. Omaits stated that because Dr Wheaton
mentioned his excitement and Councilmember Hines (her Ward 2 representative) is on
the Committee to Honor Fanny Williams, it seems there are good intentions. She
suggested adding Shaun Martin to the committee to include her perspective which
would be a win/win and would act as an olive branch from the City to the community.
Maryline Blackburn - resident - Ms. Blackburn asked that two minutes of her time be
yielded to Ms. Shockley. She continued that with the destruction of Aunt Fanny's
Cabin, some of Smyrna's history disappeared. She quoted an historian that stated we
have a social responsibility to this community to preserve those places to represent
who we are. Ms. Blackburn asked that if Shaun Martin is not placed on the Committee
to Honor Fanny Williams, that she be considered for the committee.
Ms. Shockley - She expressed concern about Jim Lane who won the proposal because
he did not show up to his first hearing. Ms. Shockley quoted minutes from the City of
Mt. Zion. She stated that she believes Mr. Lane had no intention of relocating the
cabin to his property. She asked why her proposal was rejected. She questioned the
City's relationship with Jim Lane.
Mayor Norton stated that he nor anyone on Council knows Mr. Lane, and he does not
appreciate the accusations of an improper or prior relationship with Mr. Lane because it
is just not true. He is saddened Mr. Lane was not able to fulfill his proposal. Mayor
Norton further expressed that being accused of cutting down all the trees yet Smyrna
being recognized by Tree Atlanta for planting hundreds of trees seems at odds.
Jude Gervais - resident - She thanked the Mayor Council and discussed her personal
history with Fanny Williams.
Lisa Castelberry - resident - She expressed she is very happy the building was
demolished. She stated she is on the Committee to Honor Fanny Williams, and this
will be the first time Fanny Williams will be honored appropriately in the City of Smyrna.
Mayor Derek Norton adjourned the August 15, 2022 Mayor and Council meeting at
8:34 PM.
City of Smyrna Page 16
MAYOR AND COUNCIL MEETING
DEk K NORTON
MAYOR
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LATONIA P. HINES, WARD
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TIM GOULD, WARD 6
MAYOR PRO TEM
HEATHER K. PEACON-CORN
CITY CLERK
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GLENN PICKENS, WARD I
TRAVIS LfNDLEY. WARD 3
CITY SEAL