Loading...
08-5-2019 August 5, 2019 Mayor and Council Meeting Minutes - SIGNED - LFSMYRNA c7:t Monday, August 5, 2019 2. 3 City of Smyrna Meeting Minutes - Final City Council 7:00 PM Roll Call 2800 King Street Smyrna, Georgia 30080 Council Chambers Present: 6 - Councilmember Maryline Blackburn, Councilmember Andrea Blustein, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and Councilmember Ron Fennel Absent: 2 - Mayor Max Bacon and Councilmember Derek Norton Also Present: 9 - Tammi Saddler Jones, Scott Andrews, Scott Cochran, Roy Acree, Frank Martin, Terri Graham, Dan Campbell, Landon O'Neal and Tina Monaghan Call to Order Note: Mayor Bacon and Mayor Pro Tem Derek Norton were absent not feeling well. Councilmember Charles "Corkey" Welch called the August 5, 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: Items 6C and 6E were to be tabled until a future meeting. Fire Chief Roy Acree came to the podium to speak about updates regarding air quality at the request of Interim Chair/Councilmember Welch. Mr. Acree explained that Mayor Bacon will be establishing a joint oversight committee composed of local elected officials, business owners and other various community stakeholders. The Mayor has also authorized the establishment of an independent air quality task force made up of professionals and specialists in the area of air quality and testing including a chemical engineer, a toxicologist, an industrial hygienist, and an environmental attorney. These committees will help steer the City toward the best practices to meet the needs of the residents when it comes to air quality. Councilmember Ron Fennel asked Chief Acree to provide an update about the recent fire at the business of one of the City's top employers, S. P. Richards. Chief Acree explained that the fire that began on July 19th was the largest commercial structure fire in the City's history. Staff was on site around the clock for seven full days to make sure the fire was completely extinguished, and that the area was safe. City of Smyrna Page 1 Printed on 81812019 City Council Meeting Minutes - Final August 5, 2019 A. 4. 5. 6. A. The company was prepared with well placed and practiced plans which resulted in only eight total hours of down time for the company. Many local jurisdictions helped with the fire and over six million gallons of water were utilized. Mr. Fennel thanked the public safety team for their hard work and diligence during the fire as well as for everything that they do on a daily basis. 2019-24C Proclamation in recognition of Nathan Lugo, young local top -ranked champion boxer Mr. Welch asked Mr. Nathan Lugo and his family to come forward to be recognized. Councilmember Maryline Blackburn shared some infonnation about Mr. Lugo's many accomplishments and commended him for his hard work. She then read aloud the proclamation in recognition of Mr. Lugo. Ms. Blackburn presented the proclamation and photos were taken. Mr. Lugo spoke for a few minutes about his recent accomplishments and the championship belt that he had brought with him. Land Issues/Zonings/Annexations: There were no land issues/zonings/annexations. Privilege Licenses: There were no privilege licenses. Formal Business: Adoption of the 2019 millage rate of 8.99 mills Skonsors: Fennel Councilmember Fennel spoke about the positive trend of fiscal responsibility in the City of Smyrna. Since 1993 there has been no increase in the millage rate and he credited both past and current Mayor and Council as well as City staff for this achievement. Councilmember Ron Fennel made a motion to approve the adoption of the 2019 millage rate of 8.99 mills. There was a second by Councilmember Maryline Blackburn. The motion to approve was carried by the following vote: Aye: 5 - Councilmember Blackburn, Councilmember Blustein, Councilmember Wilkinson, Councilmember Gould and Councilmember Fennel Absent: 2 - Mayor Bacon and Councilmember Norton B. Approval of Ordinance 2019-14 to Amend the City of Smyrna's Code of Ordinances Chapter 90, Article I, In General, Section 90-04: Private Utilities within the Public Right Of Way. Sponsors: Welch City of Smyrna Page 2 Printed on 81812019 City Council Meeting Minutes - Final August 5, 2019 Councilmember Gould explained that the ordinance will allow the City to have better control over what is in the public right of way. Councilmember Wilkinson asked if this new ordinance would affect what was done in the past. Director of Public Works, Frank Martin explained that the ordinance only effects the requirements for the right of way going forward. Councilmember Tim Gould made a motion to approve Ordinance 2019-14 to Amend the City of Smyrna's Code of Ordinances Chapter 90, Article I, In General, Section 90-04: Private Utilities within the Public Right Of Way. Councilmember Maryline Blackburn seconded the motion. The motion to approve was carried by the following vote: Aye: 5 - Councilmember Blackburn, Councilmember Blustein, Councilmember Wilkinson, Councilmember Gould and Councilmember Fennel Absent: 2 - Mayor Bacon and Councilmember Norton C. 2019-265 Award RFQ 19-024 Architectural Design Services Community Center Phase II to the most responsive and responsible proposer, Foley Design (950 Lowery Blvd., NW Suite 21, Atlanta, GA 30318) for $45,000.00 funded through 2019 CDBG and authorize the Mayor to execute any related documents. Sponsors: Wilkinson Ms. Wilkinson explained that the agenda item will be tabled until the August 19, 2019 meeting in order that more information be gathered on the topic. Councilmember Susan Wilkinson made a motion to table the award of RFQ 19-024 Architectural Design Services Community Center Phase II to the most responsive and responsible proposer, Foley Design (950 Lowery Blvd., NW Suite 21, Atlanta, GA 30318) for $45,000.00 funded through 2019 CDBG and authorize the Mayor to execute any related documents to the August 19, 2019 Mayor and Council meeting. Councilmember Maryline Blackburn seconded the motion. The motion to table was carried by the following vote: Aye: 5 - Councilmember Blackburn, Councilmember Blustein, Councilmember Wilkinson, Councilmember Gould and Councilmember Fennel Absent: 2 - Mayor Bacon and Councilmember Norton D. RES:- Approval of a Resolution creating a Census 2020 Complete Count Committee to plan and conduct local educational initiatives, publicity, and promotional activities to increase community awareness and participation in the 2020 Census. Sponsors: Fennel Mr. Fennel mentioned that the opportunity to gather a population count comes once every ten years and the purpose of forming the committee is to make sure that everyone is counted. Councilmember Ron Fennel made a motion to approve a Resolution creating a Census 2020 Complete Count Committee to plan and conduct local educational initiatives, publicity, and promotional activities to increase community awareness and City of smyma Page 3 Printed on 8/8/2019 City Council Meeting Minutes - Final August 5, 2019 participation in the 2020 Census. Councilmember Tim Gould seconded the motion. The motion to approve was carried by the following vote: Aye: 5 - Councilmember Blackburn, Councilmember Blustein, Councilmember Wilkinson, Councilmember Gould and Councilmember Fennel Absent: 2 - Mayor Bacon and Councilmember Norton E. 2019- _ Abandon an alleyway behind 1529 and 1539 Roswell Street and authorize the Mayor to execute all necessary documents to convey the alleyway to the adjacent property owners at such address. Sponsors : Blackburn Ms. Blackburn announced that Council agreed to table this item to the August 19, 2019 pending additional information. Councilmember Maryline Blackburn made a motion to table abandoning an alleyway behind 1529 and 1539 Roswell Street and authorize the Mayor to execute all necessary documents to convey the alleyway to the adjacent property owners at such address to the August 19, 2019 Mayor and Council meeting. Councilmember Andrea Blustein seconded the motion. The motion to table was carried by the following vote: Aye: 5 - Councilmember Blackburn, Councilmember Blustein, Councilmember Wilkinson, Councilmember Gould and Councilmember Fennel Absent: 2 - Mayor Bacon and Councilmember Norton F. 2019-266 Authorize the acquisition of real property, by all lawful means, for improvements to Windy Hill Road. This authorization includes adopting a Resolution and Declaration of Taking for each parcel. A portion of 1047 Windy Hill Rd (Parcel 5), 1055 Windy Hill Rd (Parcel 4), 1075 Windy Hill Rd (Parcel 3) and the entirety of 997 Windy Hill Rd (Parcel 10) Sponsors: Fennel City Administrator Tammi Saddler Jones provided the background information on this agenda item. This was a request for authorization of the acquisition of real property, b,v all lawful means. for improvements to the Windy Hill Blvd Project. The authorization included adopting a Resolution and Declaration of Taking, if necessary, for parcels that are not purchased through negotiated sale. The property is situated adjacent to the existing right of way and within an area stretching from the intersection with Atlanta Road to the intersection with South Cobb Drive. The addresses are as follows: A portion of 1047 Windy Hill Rd (Parcel 5), 1055 Windy Hill Rd (Parcel 4), 1075 Windy Hill Rd (Parcel 3) and the entirety of 997 Windy Hill Rd (Parcel 10). Staff recommended approval. Councilmember Fennel stated that this is a continuation of a project and that this phase of the project is nearing completion. Councilmember Ron Fennel made a motion to approve and authorize the acquisition of real property, by all lawful means, for improvements to Windy Hill Road. This authorization includes adopting a Resolution and Declaration of Taking for each parcel. City of Smyrna Page 4 Printed on 8/8/2019 City Council Meeting Minutes - Final August 5, 2019 A portion of 1047 Windy Hill Rd (Parcel 5), 1055 Windy Hill Rd (Parcel 4),1075 Windy Hill Rd (Parcel 3) and the entirety of 997 Windy Hill Rd (Parcel 10). Councilmember Tim Gould seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 4 - Councilmember Blackburn, Councilmember Blustein, Councilmember Gould and Councilmember Fennel Nay: 1 - Councilmember Wilkinson Absent: 2 - Mayor Bacon and Councilmember Norton 7. Commercial Building Permits: There were no commercial building permits. 8. Consent Agenda: Ms. Saddler Jones read aloud the consent agenda for Council's approval. Councilmember Tim Gould made a motion to approve the consent agenda as read aloud by City Administrator Tammi Saddler Jones. Councilmember Ron Fennel seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 4 - Councilmember Blackburn, Councilmember Blustein, Councilmember Gould and Councilmember Fennel Nay: 1 - Councilmember Wilkinson Absent: 2 - Mayor Bacon and Councilmember Norton A. 2019-261 Approval of the July 15, 2019 Mayor and Council Meeting minutes. B. 2019-262 Approval of the July 15, 2019 Pre -Council Meeting minutes. C. 2019-244 Approval of the July 11, 2019 Committee of the Whole Meeting Minutes D. 2019-257 Budget Amendment to move previously budgeted funds from Community Development to Economic Development effective July 1, 2019. Sponsors: Fennel E. 2019 --- Approval for the City to lease 53 parking spaces to Campbell High School on Belmont Blvd at Ward Street August 1, 2019 - May 20, 2020 and authorize the Mayor to execute any related documents. Sponsors: Gould F. Approval to use Council Chambers for Vinings Forest HOA Meeting, Wednesday, August 14, 2019 from 6:30pm - 9:00pm. Sponsors: Gould City of Smyrna Page 5 Printed on 81812019 City Council Meeting Minutes - Final August 5, 2019 9. Committee Reports: Councilmember Fennel reiterated the positive news about the millage rate. He recognized the loss of former Police Chief Stan Hook who was also a Ward 7 resident. Mr. Fennel apologized for not being able to make it to the City Birthday celebration but was glad to hear so much positive feedback from residents. Councilmember Gould thanked staff for their hard work on the recent Birthday celebration and was glad to see so many in attendance. He felt that it was great news about the Mayor being proactive and forming the Joint Force Committee and thanked Fire Chief Acree for sharing the information. Councilmember Wilkinson had a wonderful time at the Birthday celebration. She thanked staff for their hard work on the event including Parks and Rec, Public Works, and Community Relations Departments. Councilmember Blackburn offered congratulations to Mr. Nathan Lugo. She said that the Birthday celebration was phenomenal, and she was proud of the City for coming together. Her condolences went out to the Williams Park Community who recently lost a long time resident, Mr. Leon McElveen. Ms. Blackburn emphasized how important it was that everyone get involved in the 2020 Census and invited people to use #smymacounts whenever possible. To conclude her report, she thanked Chief Acree for the update and the Mayor for putting together the Joint Task Force and emphasized the importance of making sure that the lines of communication are open. Councilmember Blustein commented on the loss of former Police Chief Hook. She had a great time at the Birthday celebration and reminded everyone to come out next year. Councilmember Welch reiterated that Stan Hook was a great Police Chief City Administrator Tammi Saddler Jones offered condolences to IT Director Chris Addicks who recently lost his mother and asked that everyone keep the family in their thoughts and prayers. Assistant City Administrator Scott Andrews talked about the upcoming Smyrna Day at Sun Trust Park where the City will partner with the Atlanta Braves on Wednesday, August 21, 2019 for the game against the Marlins. City Clerk Terri Graham spoke about upcoming qualifying dates and times. The Municipal Qualifying period this year - determined by O. C. G.A. 21-2-132 - takes place between Monday, August 19, 2019 and Friday, August 23, 2019 (Within that week, a municipality must designate no less than three consecutive days in which to conduct qualifying.) Qualifying fees were set at the January 7, 2019 City Council Meeting and are as follows: Qualifying Fee for Mayor $756.00 Qualifying Fee for Council Member Wards 1 - 7 $567.00 Qualifying will be held in the Human Resources Training Room on the first floor of Smyrna City Hall (2800 King Street, Smyrna Ga 30080) as follows: City of Smyrna Page 6 Printed on 8/8/2019 City Council Meeting Minutes - Final August 5, 2019 Tuesday, August 20th, 8:30 a.m.- 4:30 p.m. Wednesday, August 21st 8:30 a.m.- 4:30 p.m. and Thursday, August 22, 2019 8:30 a.m.- 4:30 p.m., Each day the qualifying process will close for lunch from 12:00 PM - 1:00 PM. 10. Show Cause Hearings: There were no show cause hearings. 11. Citizen Input: 12. Adjournment: Councilmember Fennel announced that he will not seek re-election in order to spend more time with his family. He thanked Mayor, Council, and his constituents for their support and noted that it has been an honor to serve. He intends to say more about his time with the City at a later date but wanted to make the announcement so that others would consider coming forward and qualifying to run for Ward 7 representative. Councilmember Welch adjourned the August 5, 2019 Mayor and Council meeting at 7:42 PM. City of Smyrna Page 7 Printed on 81812019 August 05, 2019 A \c� 7�) e c� A. MAX BACON, MAYOR YOR AND COUNCIL MEETING & & (.- 1 4tt� DREA BLUSTEIN, WARD 2 0104 6k) I LJkh CHARLES A.WELCH, WARD 4 lw� TIM GOULD,WARD 6 OJ roa�w�i TERRI GRAHAM, CITY CLERK -A _V23� e DEREK NORTON, WARD 1 MARYLINE BLAC RN, ARD 3 ►o P- •eILA' S AN WILKINSON, WARD 5 �a RON ENNEL, WARD 7 `of ! SA4 ti- ' v ; OFFICIAL SEAL Ordinance 2019-14 Chapter 90 Streets, Sidewalks and Other Public Places ORDINANCE 2019-14 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES, CHAPTER 90, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I, IN GENERAL, BY ADDING SECTION 90-4 (a), PRIVATE UTILITIES WITHIN THE RIGHT OF WAY BE IT ORDANINED 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 by adding 90-4 (a) — Private Utilities Within the Right of Way; 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! ARTICLE I — IN GENERAL Sec. 90-4 — Private Utilities Within the Right of Way (a) Private utilities within the right of way. No private underground utilities, such as lawn sprinkler systems, yard lighting, etc., shall be installed within a public right-of-way or public easement except by written permit issued by the public works department. The owner of the private utility shall be responsible for damage to any public utility or other property which is incurred by the installation, maintenance or repair of the private facility as well as all repair cost of the private owned facilities should they be damaged during installation, maintenance or repair of any of the public utilities, sidewalks etc., within said right-of-way or easement. The city shall not be liable for damage it causes to any unpermitted private utility within said right of way or easement. Ordinance 2019-14 Chapter 90 Streets, Sidewalks and Other Public Places 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 5�'' day of August 2019. A. Max Bacon, I. ayor Attest: Terri Graham, City Clerk SEAL = �FF�C1,,qL - SEAL - 4,i GE09G As tp form: r� Scott Cochran, City ttorne RESOLUTION #2019-04 A RESOLUTION CREATING A CENSUS 2020 COMPLETE COUNT COMMITTEE TO PLAN AND CONDUCT LOCAL EDUCATIONAL INITIATIVES, PUBLICITY AND PROMOTIONAL ACTIVITIES TO INCREASE COMMUNITY AWARENESS AND PARTICIPATION IN THE 2020 CENSUS WHEREAS, the United States of America has performed a nationwide census every ten years since 1790, with the last census being in 2010; and WHEREAS, an accurate census is essential for the allocation of representatives to serve in the legislative bodies of the U.S. House of Representatives, the Georgia State Legislature, and within the City of Smyrna and Cobb County voting districts; and WHEREAS, accurate census information is critical to planning for future growth, development, and the social needs of the City of Smyrna; and WHEREAS, the more informed that residents become about the 2020 census operations, the better their understanding of the census process becomes, thus increasing their willingness to participate in the 2020 Census; and WHEREAS, the Census Bureau is not permitted to publicly release responses furnished by any individual, or on behalf of an individual, or release information to other governmental agencies, including the Internal Revenue Service, the Immigration and Naturalization Service, law enforcement agencies or welfare agencies. In addition, per the Federal Cybersecurity Enhancement Act of 2015, census data is protected from cybersecurity risks through screening of the systems that iransmit this data; and WHEREAS, the purpose of the Complete Count Committee will be to advise and assist City of Smyrna in obtaining the most accurate and complete population count for Census 2020 by increasing the number of Smyrna responses through a focused, structured neighbor -to -neighbor program. The committee will also utilize the local knowledge, expertise and influence of each committee member and committee volunteer to design and implement a census awareness campaign targeted to the City of Smyrna community. THEREFORE, BE IT HEREBY RESOLVED by Mayor and City Council of Smyrna, Georgia that: 1. A Census 2020 Complete Count Committee is hereby established to advise and assist the City of Smyrna in obtaining the most accurate and complete population count via the Census 2020. 2. The Committee shall discuss and formulate strategies and techniques, working with City and County staff and census bureau officials, to enhance and increase the response rate to Census 2020. The Committee shall be responsible for planning and conducting of local L--' educational initiatives, and for preparing, obtaining, and distributing of marketing and educational materials for use by the media and other partners in whatever medium and format deemed appropriate. 3. The Committee shall consist of representatives from Smyrna area schools, the Smyrna business community, the Smyrna faith community, locally operating nonprofits, governmental agencies, neighborhood associations, community leaders, and resident volunteers. The Mayor shall appoint a staff member to serve on said Committee as chairperson. 4. The Committee members shall serve from August 2019 through and including June 2020 at which time the Committee, having completed its work, shall dissolve, unless extended by the City Council. No resolution dissolving or rescinding the committee is necessary. 5. Meetings. The Committee shall meet at least every 2 months but may meet more often as needed. PASSED, APPROVED AND ADOPTED THIS 5th DAY OF AUGUST 2019. Mayor A. Max Bacon City Clerk, Terri A. Graham r• City Attorney, Scott Cochran �O F 1 S d g .. Y Rti OFFICIAL SEAL /"//,NA , GEo\�\\" ���lilld1111\\