2023-01-17 January 17, 2023 Mayor and Council Meeting Minutes - SIGNED - LFCity Council Meeting Minutes - Final
MAYOR AND COUNCIL
Smyrna Community Center
Magnolia Room
200 Village Green Circle
Smyrna, GA 30080
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Derek Norton, Mayor
Tim Gould, Mayor Pro Tern (Ward 6)
Glenn Pickens (Ward 1)
Latonia P. Hines (Ward 2)
Travis Lindley (Ward 3)
Charles "Corkey" Welch (Ward 4)
Susan Wilkinson (Ward 5)
Lewis Wheaton (Ward 7)
January 17, 2023
7:00 PM
CEREMONIAL MATTERS
Roll Call
City Attorney Scott Cochran
City Administrator Joseph Bennett
City Clerk Heather K. Peacon-Corn
Present: 8 — Mayor Derek Norton, Councilmember Glenn Pickens,
Councilmember Latonia P. Hines, Councilmember Travis Lindley
(virtual), Councilmember Charles Welch, Councilmember Susan
Wilkinson, Mayor Pro Tem/Councilmember Tim Gould,
Councilmember Lewis Wheaton
Also Present: 1 — Scott Cochran
Staff: 6 — Joe Bennett, Jill Head, Dat Luu, Russell Martin, Penny Moceri,
Heather Peacon-Corn
Call to Order
Mayor Derek Norton called to order the January 17, 2023 Mayor and Council
Meeting held at the Smyrna Community Center in the Magnolia Room at 7:00 PM.
Invocation and Pledge of Allegiance
A. Rev. Chaloea Hale, Smyrna First United Methodist Church (1315
Concord Rd)
Agenda Changes
5. Mayoral Report
Mayor Derek Norton thanked staff, primarily Administration, Public Works, Buildings
& Grounds, and Parks & Recreation who all dealt with not only the issues with
pipes bursting in City Hall, Wolfe Center, and several parks, but for also working
Christmas Eve, Christmas Day, and several days during the holidays. It was time
spent away from families to try to get staff back into City facilities, and he just
wanted to express publicly a thank you to all of them.
Mayor Norton also offered congratulations to Malia Yost, a basketball player and
student at Campbell High School, who was the recipient of the Hoopcoming Award.
Mayor Norton and Mayor Pro Tern Gould both presented a Jonquil at their game
the other night when their team won, and their record is now 11 and 2.
Mayor Norton expressed that the MLK celebration held by Cobb County was
amazing. Smyrna was well -represented, and Argyle Elementary students led the
Pledge of Allegiance.
6. Proclamations and Presentations
A. Campbell High School Theatre Group
Alexis Overton, Secretary of the Campbell High School Drama Club, and Matt
Chandler Matthews, president of the Campbell High School Drama Club,
announced their spring musical, "The 25th Annual Putnam County Spelling Bee"
showing January 19 — 21 at 7:00 PM. The musical is a story that follows six
middle schoolers as they compete for first place in the spelling bee to advance to
the state competition, and they are met with some challenges including absent
parents and puberty. The show is interactive with audience participation, and
they hope to see many there as they support local actors and future thespians.
7. Community Development Items
A. Z22-011 Public Hearing - Zoning Request - Z22-011 - Allow a rezoning
from R-15 to NS for an 8,000 sq. ft. retail business - 0.91 acres - Land
Lot 700 - 3410 Atlanta Road - Grow Smyrna.
This item will be tabled until the February 6, 2023 Mayor and
Council Meeting at staff request.
Councilmember Tim Gould made a motion to table to the February 6, 2023
Mayor and Council Meeting item Z22-011, a public hearing and zoning request
(Z22-011) to allow a rezoning from R-15 to NS for an 8,000 s. ft. retail business
on 0.91 acres on land lot 700 located at 3410 Atlanta Road by applicant Grow
Smyrna; seconded by Councilmember Glenn Pickens.
The motion to table to the February 6, 2023 Mayor and Council Meeting carried
with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
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8. Privilege License and Show Cause Hearing
A. LIC2023-002 Privilege License Request - Beer and Wine (retail
package) - 2500 South Cobb Drive SE, Suite F - Family Dollar Stores
of Georgia, LLC dba Family Dollar #23143 with Paul Scott Phillips as
agent.
Councilmember Susan Wilkinson made a motion to approve item LIC2023-002,
a privilege license request for beer and wine (retail package) located at 2500
South Cobb Drive SE, Suite F by applicant Family Dollar Stores of Georgia, LLC
dba Family Dollar #23143 with Paul Scott Phillips as agent; seconded by
Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
Joe Bennett, City Administrator, presented the following background prior to the
vote:
—, Paul Scott Phillips as registered agent for Family Dollar Stores of Georgia, LLC
dba Family Dollar #23143 requests a privilege license for the sale of Beer and
Wine (retail package) at 2500 South Cobb Drive SE, Suite F. Paul Scott Phillips
will be the registered agent responsible for the sale of alcohol at the referenced
location. Mr. Phillips has been given a copy of the Alcoholic Beverage Ordinance
and attended the mandatory alcohol awareness workshop. A background
investigation conducted by the Smyrna Police Department failed to reveal
information that would preclude issuance of this license. Mr. Phillips has agreed
to abide by the guidelines set forth by the City of Smyrna ordinance governing
the sale of alcohol.
Paul Scott Phillips, applicant, was in attendance. Councilmember Wilkinson
confirmed with the applicant that he completed the training required. She also
explained that the Smyrna Police Department takes very seriously the sale of
alcohol and can randomly spot check businesses.
II. DISCUSSION / ACTION ITEMS
Public comment during this portion of the Agenda must be limited to matters on the Agenda for action.
If you wish to be heard, please sign up with the City Clerk, come to the podium when called by the
Mayor, state your name and address for the record and make your remarks. The time allotted for
each speaker is as follows: Public Hearing - Five (5)
9. Formal Business
A. AGR2023-001 Approval and adoption of the amended Adoption
Agreement and General Addendum to the City of Smyrna's Georgia
Municipal Employees Benefit System ("GMEBS") Defined Benefit
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Retirement Plan and authorize the Mayor to sign and execute all
related documents.
Citywide
Councilmember Latonia P. Hines made a motion to approve item AGR2023-001,
the amended Adoption Agreement and General Addendum to the City of
Smyrna's Georgia Minicipal Employees Benefit System ("GMEBS") Defined
benefit Retirement Plan and authorize the Mayor to sign and execute all related
documents; seconded by Councilmember Charles Welch.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
Joe Bennett, City Administrator, presented the following background prior to the
vote:
In October 2022, GMA, the Segal Company, and staff presented the results of a
cost study performed by The Segal Company that determined the impact on plan
funding for certain changes to City of Smyrna Retirement Plan. Based on the
initial positive feedback of the Mayor and Council, staff and GMA have worked to
develop amended plan documents for adoption.
Attached please find an amended Adoption Agreement and General Addendum
for the City of Smyrna's Georgia Municipal Employees Benefit System
("GMEBS") Defined Benefit Retirement Plan ("Plan"). The amendment simplifies
the Plan by providing more commonality among participant classes with respect
to normal retirement qualifications, the benefit formula, vesting and employee
contributions. The specifics of the proposed changes are outlined in the attached
cover letter dated January 6, 2023 from Gwin Hall, Senior Associate General
Counsel for GMA.
The Adoption Agreement provides that the amendment will become effective
January 17, 2023. Please note that per O.C.G.A § 47-5-40, the Adoption
Agreement has been drafted in the form of an ordinance.
Councilmember Welch commented that he thinks a goal should be set at 80%.
B. CHOR2023-001 Approval for change order to complete additional
paving work for the FY2023 Resurfacing Project in the amount of
$105,261.90 (balance of FY23 Resurfacing budget, $84,574.76 - 2016
SPLOST and $30,000.00 - Stormwater CIP) for Magnum Paving, 140
Baker Industrial Court, Villa Rica, Ga, 30180) and authorize the Mayor
to sign and execute all related documents.
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Councilmember Glenn Pickens made a motion to approve item CHOR2023-001
77 to complete additional paving work for the FY 2023 Resurfacing Project in the
amount of $105,261.90 (balance of FY23 Resurfacing budget, $84,574.76 —
1026 SPLOST and $30,000.00 — Stormwater CIP) for Magnum Paving (140
Backer Industrial Court, Villa Rica, Ga 30180) and authorize the Mayor to seeing
and execute all related documents; seconded by Councilmember Latonia P.
Hines.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
C. CON2023-001 Approve purchase, by means of Sourcewell Contract
081721-CXT, for the procurement of a CXT prefab concrete "Denali"
Double Flush Building for North Cooper Lake Park in the amount of
$97,419.58 and authorize the Mayor to sign and execute all related
documents.
Councilmember Charles Welch made a motion to approve item CON2023-001,
the purchase by means of Sourcewell Contract 081721-CXT for the procurement
n of a CXT prefab concrete "Denali" Double Flush Building for North Cooper Lake
Park in the amount of $97,419.58 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:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
D. 2023-007 Authorization ARPA Lead Service, Line & Main Replacement
for Roswell Street as part of the Water / Sewer Systems Installation,
Repairs and Replacements awarded on August 16, 2021 in the amount
of $98,180.00 to K.M. Davis Contracting Company (3259 Austell Road
SW, Marietta, Ga 30008) and authorize the Mayor to sign and execute
all related documents.
Councilmember Charles Welch made a motion to approve item 2023-007 for
ARPA Lead Service, Line & Main Replacement for Roswell Street as part of the
Water/Sewer Systems Installation, Repairs and Replacements awarded on
August 16, 2021 in the amount of $98,180.00 to K.M. Davis Contracting
Company (3529 Austell Road SW, Marietta, Ga 30008) and authorize the Mayor
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to sign and execute all related documents; seconded by Councilmember Travis
Lindley.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
E. 2023-008 Authorization ARPA Lead Service, Line & Main Replacement
for Starline Drive as part of the Water / Sewer Systems Installation,
Repairs and Replacements awarded on August 16, 2021 in the amount
of $134,330.00 to K.M. Davis Contracting Company (3259 Austell Roac
SW, Marietta, Ga 30008) and authorize the Mayor to sign and execute
all related documents.
Councilmember Travis Lindley made a motion to approve item 2023-008 for
ARPA Lead Service & Main Replacement for Starline Drive as part of the
Water/Sewer Systems Installation, Repairs and Replacements awarded on
August 16, 2021 in the amount of $134,330.00 to K.M. Davis Contracting
Company (3529 Austell Road SW, Marietta, Ga 30008) and authorize the Mayor;
seconded by Councilmember Latonia P. Hines.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
F. CON2023-002 Authorization for award of RFP 23-011, Reed House
Event Lawn, in the amount of $295,785.00 for soft and hard
landscaping elements, lighting and irrigation to S.H. Creel Contracting,
LLC (1331 Allgood Rd NE, Marietta, GA.) and authorize the Mayor to
sign and execute all related documents.
Mayor Pro Tem/Councilmember Tim Gould made a motion to approve item
CON2023-002 to award RFP 23-011, Reed House Event Lawn, in the amount of
$295,785.00 for soft and hard landscaping elements, lighting and irrigation to
S.H. Creel Contracting, LLC (1331 Allgood Rd NE, Marietta, Ga) and authorize
the Mayor to sign and execute all related documents; seconded by
Councilmember Charles Welch.
The motion to approve carried with the following vote:
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Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
Joe Bennett, City Administrator, presented the following background prior to the
vote:
The City of Smyrna requested proposals for the Reed House Event Lawn. The
project will provide a signature place in the city for a variety of activities and
events with soft and hard landscaping elements, lighting and irrigation.
Proposals were due Friday, December 2, 2022. Four (4) proposals were
received and evaluated by staff from Parks and Recreation and Purchasing.
Based on proposal and cost, the evaluation team and Purchasing recommend
award to S.H. Creel Contracting, LLC. Following award, S.H. Creel Contracting,
LLC will discuss any cost saving options that would be beneficial to the project
while maintaining the overall design scope.
G. CON2023-003 Authorization to approve RFP 23-012 and enter into
contract with Mark Turner (140 Sedgeview Dr, Hampton, GA) and HD
Excavations and Utilities, LLC (516 Cole Creek Road, Dallas, GA) for
the EPA required service line inventory and verification as well as
removal of lead and galvanized services as needed to be priced per
hour as shown on the Purchasing Department Recommendation and
authorize the Mayor to sign and execute all related documents.
Councilmember Charles Welch made a motion to approve with conditions item
CON2023-003, RFP 23-012 and enter into a contract with Mark Turner (140
Sedgeview Dr, Hampton Ga) and HD Excavations and Utilities, LLC (516 Cole
Creek Road, Dallas, Ga) for the EPA required service line inventory and
verification as well as removal of lead and galvanized services as needed to be
priced per house as shown on the Purchasing Department Recommendations
with a not -to -exceed amount of $100,000.00 and authorize the Mayor to sign and
execute all related documents; seconded by Councilmember Lewis Wheaton.
The motion to approve with conditions carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
Joe Bennett, City Administrator, presented the following background prior to the
vote:
The City of Smyrna requested proposals for the excavation and verification of
water service lines. New EPA requirements include obtaining a water service line
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inventory by excavation and verification and removal of lead and galvanized
service lines in our distribution system. This information will be provided in a
local, state and federal database. We received 5 proposals on Friday, December
16, 2022. Based on Contractor's hourly rate and line -item pricing we recommend
award to Mark Turner Grading, Inc. and HD Excavations & Utilities, LLC.
Councilmember Charles Welch asked if there was a top -end limit on cost. He
suggested they approve this item with a "not -to -exceed" amount.
10. Consent Agenda
Mayor Pro Tem/Councilmember Tim Gould made a motion to approve the Consent
Agenda; seconded by Councilmember Latonia P. Hines.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember
Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro
Tern / Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
A. MIN2023-001 Approval of the December 15, 2022 Committee of the
Whole Meeting Minutes.
Citywide
This item was approved on the Consent Agenda.
B. MIN2023-002 Approval of the December 19, 2022 Pre -Council Meeting
Minutes.
Citywide
This item was approved on the Consent Agenda.
C. MIN2023-003 Approval of the December 19, 2022 Mayor and Council
Meeting Minutes.
Citywide
This item was approved on the Consent Agenda.
D. 2023-004 Authorization of street closures, including portions of the
Market Village for the Atlanta Track Club Hearts and Soles 10k, or
Saturday, February 4, 2023, from 7:30 am to 10:45 am.
This item was approved on the Consent Agenda.
E. 2023-009 Approval for JRM Management - in conjunction with Atkins
Park Tavern - to manage alcohol (beer, wine and liquor) sales for the
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Spring Jonquil Festival (April 29 & 30, 2023), Taste of Smyrna
7-7 (September 16, 2023) and the Crafts & Drafts Festival (October 28 &
29, 2023).
This item was approved on the Consent Agenda.
F. 2023-010 Authorize Atkins Park Tavern (Kevin Drawe) and Red Bird
Events (Bettie Cagle) to host Smyrna's 11th Annual Oysterfest on Fri.,
Feb. 3, 2023 from 7:00 pm until 11:00 pm, on Sat., Feb. 4, 2023 from
11:00 am until 11:00 pm and on Sun., Feb. 5, 2023 - extending Atkins
Park service/event area onto sidewalks and parking spaces
immediately in front of the Atkins Park establishment for the annual
festival. Request includes closing the upper circle of the Smyrna Market
Village to vehicle traffic during the operational hours of the festival on
each day of the festival.
This item was approved on the Consent Agenda.
G. 2023-013 Authorization for a road closure for Terri Meyer Drive at
Turpin Road for a period of five (5) days for a storm drain replacement
by Ardito Construction (1290 Austell Drive, Marietta, Ga. 30008) from
January 14, 2023 through January 21, 2023.
This item was approved on the Consent Agenda.
11. Ward and Staff Reports
Councilmember Lewis Wheaton extended his thanks to staff for working on the
fourth iteration of Council Meetings while also implementing new software.
Councilmember Latonia P. Hines mentioned the MLK celebration and thanked
those from Smyrna who participated.
Mayor Pro Tem/Councilmember Tim Gould thanked the City of Woodstock for the
tour of their future downtown plans. He also stated that the Committee to Honor
Fanny Williams has received 30+ applications in response to the RFQ. The panel is
reviewing those, and the process is moving forward. They are all very excited.
Councilmember Travis Lindley thanked staff who persevered through the difficulties
during the holiday season.
III. CITIZEN PARTICIPATION
Public comment during this portion of the agenda must be limited to matters within the jurisdiction of
the City Council. No subject may be acted upon by the City Council unless that subject is on the
agenda and is scheduled for action. If you wish to be heard, please sign up with the City Clerk, come
to the podium when called, by the Mayor, state your name and address for the record and make your
remarks. The time allotted for each speaker is as follows: Public Comment - Three (3) Minutes
12. Public Comment
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Allison Kirkpatrick, 841 Powder Springs St., author of the ethics complaint filed
against Councilmember Susan Wilkinson, expressed her appreciation to the City for
taking action on the complaint, and she looks forward to any further action that may
take place. She stated that she hopes that no one else goes through what she and
her family have gone through. It was a neighborly dispute that was completely
mishandled by the ward 5 council member. The experience has been horrible and
has forced her and her family to leave the City of Smyrna. She continued and said
that she loves Smyrna, she raised her kids in Smyrna, but given the situation that
still has no resolution, she does not feel safe staying in Smyrna. She expressed
again that she does not want anyone to go through what they have gone through.
She stated that the City Marshals Office and Smyrna Police Department have been
great to work with, and she wished that everyone had the facts and data when
handling this situation.
Devon O'Rourke, 841 Powder Springs St., son of Ms. Kirkpatrick stated that he is a
Campbell High School graduate, class of 2020. He wanted to express that all he
was doing was pursuing his craft which is drumming. For an independent musician,
music is how he makes his living. He expressed that it is not fair to be slandered.
He said this all got out of hand, and things were done that should not have been
done.
13. Adjournment
Mayor Derek Norton adjourned the January 17, 2023 Mayor and Council Meeting at
7:33 PM.
Facilities are provided throughout City Hall for convenience of persons with disabilities.
THIS MEETING WAS PROPERLY NOTICED AND POSTED AT THE FOLLOWING LOCATIONS IN
ACCORDANCE WITH THE NOTICING STANDARDS AS OUTLINED IN O.C.G.A. 50-14-3:
The City of Smyrna website — www.smyrnaga.gov
City Hall, 2800 King Street SE, Notice Boards
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