05-06-2019 May 6, 2019 Mayor and Council Meeting Minutes - SIGNED - LFCity of Smyrna
Meeting Minutes - Final
City Council
2800 King Street
Smyrna, Georgia 30080
Monday, May 6, 2019 7:00 PM Council Chambers
Roll Call
Present: 8 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Maryline
Blackburn, Councilmember Andrea Blustein, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and
Councilmember Ron Fennel
Also Present: 18 - Tammi Saddler Jones, Scott Andrews, Scott Cochran, Terri Graham, David
Lee, Roy Acree, Joe Bennett, Robert Harvey, Frank Durrance, Terry
McCormick, Jon Carter, Dat Luu, Ashley Youmans, Tina Monaghan, Kristin
Robinson, Rick James, Andrea Boyes and Ken Owens
Call to Order
Mayor A. Max Bacon called the May 6, 2019 Mayor and Council meeting to order at
7:00 PM.
Invocation and Pledge:
Pastor Richard L. Bush, Mt. Zion Baptist Church (1789 Hawthorne Ave) delivered the
Invocation and led all in the Pledge of Allegiance.
Agenda Changes:
Mayoral Report:
2019-151
B. 2019-161
There were no agenda changes.
Proclamation in Recognition of Memorial Day Poppy Distribution, May
11th, 18th and 27th, 2019
Sj2 onsors: Welch
Councilmember Charles "Corkey" Welch read aloud the Poppy Distribution
Proclamation. The proclamation was presented to Ms. Cheryl Waybright and Junior
Auxiliary Courtney Waybright. May 11, 18, and 27 will be the dates for poppy
distribution in various locations around the City. The poem "In Flanders Field" was
read aloud by Ms. Courtney Waybright.
Presentation of GACP State Certification to Smyrna Police Department
Sponsors: Norton
Police Chief David Lee spoke briefly about the certification process and the $35, 000 a
year saving in liability insurance. He then introduced Mr. Mark Bender who was
present to represent the Georgia Association of Chiefs of Police.
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Mr. Bender shared information about the standards and requirements that it takes to
earn the certification. He then presented the certification plaque to Chief Lee.
Chief Lee recognized Andrea Boyes who serves as the City's certification manager.
She was presented an award from Mr. Bender for her hard work as well.
C. 2019-160 Recognize City of Smyrna Employee Dat Luu as recipient of the "City of
Smyrna Award for Ongoing Excellence in Customer Service" and Andrea
Boyes as recipient of the "Jonquil Award for Service Excellence in
Action"
Management Fellow Ashley Youmans gave the presentation for the Award for Ongoing
Excellence in Customer Service to Mr. Dat Luu (IT Manager) and the Jonquil Award for
Service Excellence in Action to Ms. Andrea Boyes (Certification Manager for the Police
Department). City Administrator Saddler Jones presented the recipients with their
certificates and photos were taken.
4. Land Issues/Zonings/Annexations:
There were no Land Issues/Zonings/Annexations.
5. Privilege Licenses:
There were no Privilege Licenses.
6. Formal Business:
A. ORD2019-09 Adopt Ordinance 2019-09 to amend the City of Smyrna Code of
Ordinances, Chapter 50, Fire Prevention and Protection, Article 1, In
General, by adding Section 50-7 Outdoor Burning, of the Smyrna Fire
Code.
Sponsors: Norton
City Administrator Tammi Saddler Jones advised Mayor and Council as to the
background on the Ordinance. The City of Smyrna has never had an ordinance that
addresses outdoor burning. With the dense population in a relatively small geographic
area, outdoor burning of yard waste and trash has become an issue. This amendment
would address and define what is, and what is not, allowed while burning outdoors.
Restrictions on outdoor burning would not apply to grilling or cooking using charcoal,
clean wood, propane or natural gas. A free residential burn permit would be required for
burning clean wood. Those permits will only be issued October 1st through March
30th. The burning of recreational fires within any property used for anything other than
a residence for 1 or 2 families shall require a special use permit from the Fire
Marshall's Office. Our Fire Chief recommended approval of the proposed ordinance
amendment.
Councilmember Derek Norton made a motion to approve and adopt Ordinance 2019-09
to amend the City of Smyrna Code of Ordinances, Chapter 50, Fire Prevention and
Protection, Article 1, In General, by adding Section 50-7 Outdoor Burning, of the
Smyrna Fire Code. Councilmember Maryline Blackburn seconded the motion to
approve.
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The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
B. 2019-159 Authorization to pass along credit card processing fees to the customer
effective July 1, 2019 in coordination with the Fiscal Year (FY) 2020
budget.
SAonsors: Fennel
Ms. Tammi Saddler Jones reviewed the pertinent information for this agenda item. The
City currently accepts online credit card payments through several platforms for various
City services. When customers pay in person using a credit card, the City currently
pays the fees associated with these transactions. However, staff recommends we
make a change to allow the customer to pay the processing fees. The annual budget
savings of passing along the online processing fee to the customer would be
approximately $100, 000. A processing fee would not apply to automatic bank draft, it
would not apply when using an individual's personal bank's online bill pay, it would not
apply for mailed payments, and it would not apply when cash or check payments are
made at the Utility Services office at City Hall. Staff recommended the authorization to
pass along the credit card processing fees to the customer effective July 1, 2019.
Councilmember Ron Fennel made a motion to approve the authorization to pass along
credit card processing fees to the customer effective July 1, 2019 in coordination with
the Fiscal Year (FY) 2020 budget. The motion to approve was seconded by
Councilmember Derek Norton.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Gould and
Councilmember Fennel
Nay: 1 - Councilmember Wilkinson
7. Commercial Building Permits:
There were no Commercial Building Permits.
8. Consent Agenda:
Ms. Tammi Saddler Jones read aloud the consent agenda.
Councilmember Tim Gould made a motion to approve the consent agenda as read
aloud by City Administrator Tammi Saddler Jones with a second by Councilmember
Maryline Blackburn.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
A. Approval of the April 15, 2019 Mayor and Council Meeting Minutes.
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B. 2019-156 Approval of the April 15, 2019 Pre -Council Meeting Minutes.
C. 2019-145 Approval of the April 11, 2019 Committee of the Whole Meeting minutes.
A
E.
9.
10.
2019-149 Approval of Property/Liability Insurance annual renewal with Georgia
Local Government Risk Management Agency (GIRMA) for $607,263 and
authorize Mayor to execute related documents
Sponsors; Blackburn
2019 Approval of Excess Cyber Security coverage renewal with Towers
Watson/Chubb Insurance for $6,879 and authorize the Mayor to execute
related documents
Sponsors: Blackburn
Committee Reports:
Mr. Ron Fennel spoke about the progress in the budget process and thanked staff for
their hard work and diligence in maintaining the required balanced budget.
Mr. Tim Gould spoke about the Campbell High School Education Foundation Golf
Tournament which raised $12,000 for various programs at the school. He thanked the
Mayor for hosting the Education Awards earlier that evening.
Ms. Susan Wilkinson announced that Food Truck Tuesdays start May 7, 2019 at
Taylor Brawner Park and will run throughout the summer.
Ms. Maryline Blackburn talked about how enjoyable the Campbell High School golf
fundraiser was and also how much she enjoyed the Mayor's Education Awards.
Mr. Derek Norton talked about the Arthur Bacon Golf Tournament that he played in
with his father the past weekend. He noted that his dad came all the way from Iowa to
play in the tournament. He also thanked Mary Moore and the rest of the staff at the
Library for putting on the Kid Con event that he took his two children to and a fun time
was had by all.
Show Cause Hearings:
11. Citizen Input:
There were no show cause hearings.
Ms. Elesia Glover, 1693 Donna Lynn Dr, SE, spoke about sustainability. She focused
on the economic development aspect of sustainability. Dr. Glover also talked about a
nonprofit she has started called Posh Pack which helps girls conveniently get the
resources needed to avoid missing school.
Ms. Arjho Turner, 4239 Millside Walk SE, signed up to speak about sustainability in
the City of Smyrna. She thanked Councilwoman Blackburn for inviting her to the
meeting. She said she has gotten to know more about what the City does as far as
sustainability from Keep Smyrna Beautiful (KSB). Her children love the parks in the
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City Council Meeting Minutes - Final May 6, 2019
City.
12. Adjournment:
Mr. Leonard Robinson, 1809 Teasley Drive SE, spoke about sustainability. He shared
some information about a grant that will help with sustainability. The grant ranges from
$75, 000 to $150, 000 a year for two years. The only requirement to receive the grant
that the City is missing is a person with an official title relating to sustainability. He
offered to supply the information to anyone who was interested.
Mayor Bacon adjourned the May 6, 2019 Mayor and Council meeting at 7:34 PM.
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May 06,,2019MAYOR AND COUNCIL MEETING
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A. MAX BACON, MAYOR
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ANDREA BLUSTEIN, WARD 2
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CHARLES A.WELCH, WARD 4
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TIM GOULD, WAND 6
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TERRI GRAHAM, CITY CLERK
DEREK NORTON, WARD 1
MARYLINE BLACKbfkN, WARD 3
S[TS'AN WILKINSON, WARD 5
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RON ENNEL, WARD 7
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Ordinance 2019-09
Chapter 50 —Outdoor Burning
ORDINANCE 2019-09
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR
THE AMENDMENT OF THE CODE OF ORDINANCES, CHAPTER 50, FIRE
PREVENTIONAND PROTECTION, ARTICLE 1, IN GENERAL, BY ADDING
SECTION 50-7, OUTDOOR BURNING
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
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 now wish to update the City of Smyrna Code of
Ordinances regarding Section 50-7 of the City's Zoning Ordinances
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendment.
Sec. 50-7- Outdoor burning
No outside burning of rubbish/yard waste (as defined in 50-27) is allowed at anv time within
the city limits.
(1) Restrictions on outdoor bEMLng do not poly to the following:
(a) Grilling or cooking using, charcoal. clean wood, propane or natural
(b) Burning Clean Wood after obtaining, a Residential Burn Permit. This burning must
complycoMply with the following provisions:
1. The Residential Burn Permit allows burning Clean Wood. as defined in Sec 50-27
only.
Ordinance 2019-09
Chapter 50—Outdoor Burning
2. Residential Burn Permits will only be issued from October 1" through March 301h.
3. Residential Burn Permits can only be utilized from gam until one hour before the
official time of sunset.
H
or
5. Residential Burn Permits can be obtained through the Fire Department on forms
or through electronic media as determined by and provided by the city and must
be obtained in advance.
6. An applicant who is denied a Residential Burn Permit ma3_appeal that, decision to
the license and variance board within 30 days of the date of the denial.
7. Any denial of a Residential Burn Permit shall be in writing on forms or throw h
electronic media as determined by and provided by the City.
(c) Burning of a recreational fire as defined in 50-27. However Recreational
Fires within any proertyused for an other than a residence for one or two
families shall require a special use permit from the Fire Marshal's Office under the
following provisions:
1. All special use permit applications must be filed with the fire marshal on forms
provided by the city a minimum 14 days prior to the date of the proposed
Recreational Fire.
2. The applicant, as a condition precedent to the issuance of the permit, shall_pay for
the permit at the price fixed by the mayor and council.
3. The fire marshal shall make an ins ection of the proposed ignition site and assess
any potential hazardous conditions. If the fire marshal detennines that there are
potential hazards at the proposed ignition site the application shall be denied. The
fire marshal, within ten business days, shall issue a written decision.
4. This decision may be appealed to the license and variance board within 30 days of
the date of issuance.
5. AApermit under this chapter shall be valid for only the dates. times, and locations
approved.
(d) Burnim in a chimenea. outdoor fireplace, fire bowl or similar device.
(e) Fire Department practice burns following state and local codes.
Ordinance 2019-09
Chapter 50 — Outdoor Burning
(2) Safeguards/Limitations for outdoor burning include the following:
(a) Burning ofpetroleum-based products, such as tiresPlastics, and roof shingles, which
roduce black smoke. is prohibited.
(b) Burning of any material in a barrel is prohibited
41 ()`Recreational fires shall not be located within 25 feet of any structure or other
combustible material. Conditions which could cause a fire to s read within 25 feet of
.,stryc ure shall be eliminated prior to ignition.
(d) 'i 4t,
ecreational fires referenced in this ordinance must be constantly attended by an
adult who must be outdoors within 100 feet of the fire and watching the fire at all
` ��';`rtimes. charged water hose that can reach the fire or minimum 4A fire extinguisher
must be on hand and readv for use if needed for fire control/extin ,uishment. The
nozzle of the charoed water hose or fire extin fuisher must be kept within 25 feet of
the fire.
(e) U on event completion, all fires must be extinguished to where no smoldering or hot
coals remain.
(3) The Fire Chief or designee shall be authorized to ban outdoor burning when:
(a) Atmospheric or local conditions make outdoor burning hazardous.
(b) It adversely interferes with the enjoyment of life or use of property.
(c) A resident is adversely affected by the smoke due to a medical condition.
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.
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 6th day of May 2019.
Ordinance 2019-09
Chapter 50 — Outdoor Burning
Attest:
Terri Graham, City Clerk
SEAL
As to form:
Scott Cochran, City Attorney
4
A. Max Bacon, Mayor
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