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03-18-1985 Regular Meeting (2)March 18, 1985 The regular scheduled meeting of Mayor and Council was held March 18, 1985 at City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer ' Mayor Protem Jim Hawkins. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Assistant Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Dameron, Civil Engineer Mike Hutchinson, Emergency Management Director Jim Farley, Building Inspector Scott Stokes, Librarian Doris Morris and representatives of the press. Invocation was given by Hugh Ragan, followed by the pledge to the flag. Jim Hawkins said that Mayor Bacon has had some personal sickness and wished him a speedy recovery. Jim also welcomed Bob Davis, the new council member from Ward 1 who was sworn in on March 7th. Citizens Reports: Bob Burke, a resident of Deerwood Subdivision stated his son Shawn went to Recorder's Court on March 7th and was assessed a $45 fine for a minor traffic violation. He was not aware that the fine had to be paid in cash and did not have the money with him. He requested permission to leave for a short period of time to get the money and was denied. Mr. Burke said his son was locked up in the corridor until he could bring the money to pay the fine. He felt this was wrong and suggested the City accept checks for fines and also notify individuals ahead of time that fines must be paid in cash. Mr. Burke also suggested that an Avail machine be placed in City Hall for cash withdrawals. Jim Hawkins said they would take his suggestions under advisement and appreciated him coming tonight. Hugh Ragan said he had already spoken with Mr. Burke about this matter and thought he had some excellent suggestions. Hugh said he would also like to discuss this further with Chief Little. Max Bacon said several months ago we placed a moratorium on multi -family zonings and since that time information from several different sources has been gathered. Paul Griggs with Hensley -Schmidt said that in working on the Future Land Use plan there were several items in the City's zoning ordinance that has come to their attention problem areas. His firm could accomplish a study concerning the multi -family zonings in 2 to 3 weeks and they would attempt to coincide this with the Future Land Use plan. Max Bacon made a motion the Mayor be authorized to sign an agreement with Hensley -Schmidt to complete the study on multi -family zonings. Jack Shinall seconded the motion which carried 6-0. Moratorium: Max Bacon said he did not think the study would be complete by April lst to lift the moratorium on multi -family zonings and made a motion the moratorium be extended to tie' first meeting in June. Kathy Brooks seconded the motion which carried 6-0. Rezoning: Edward W. Cox requested rezoning of 959 Concord Road from Residential to Limited Commercial. There was no opposition from the audience. Mr. Cox said his wife had been a beautician for the past 8 years and they would like to open a shop at this location. Max Bacon asked Mr. Cox about buffer requirements and he stated he was not aware of any but would be glad to do whatever was required. However, he was familiar with the guidelines established by the zoning office concerning paving, signs, etc., and would have paved parking in front and back. Max Bacon made a motion that 959 Concord Road located in Land Lot 452 of the 17th District, 2nd Section being Lot 5, Block A of the subdivision of Smyrna Heights Annex according to plat recorded in plat book 9, page 198, be zoned to Limited Commercial, with the stipulation that a wooden fence be erected along the rear of the property. Attorney Camp said that the existing building does not meet setback requirements, any new structure built on the property would have to meet existing requirements. Mr. Cox said he had no intention of adding onto the building at any time. James Williams seconded the motion which carried 6-0. Privilege License: Lee Glen Matthews requested a liquor, beer and wine pouring license for Grand Cuisine Enterprises, Inc. d/b/a Papa's Bar and Restaurant at 2401 Lake Park Drive. There was no opposition from the audience. Mr. Mathews said the restaurant was at the new Park Centre building containing 10,000 square feet with a delicatessen, restaurant and bar. They are presently licensed in Fulton e_4P County. Kathy Brooks made a motion the license be approved. Jack Shinall seconded the motion which carried 6-0. Privilege License: Michael S. Jacobs requested a beer and wine pouring license for Del Taco #3030 at 3811 South Cobb Drive. There was no opposition from the March 18, 1985 - Continued audience. Kathy Brooks stated this license request was denied one year ago and asked if any changes had been made since that time; i.e., the drive -through window and minors on the premises. Mr. Jacobs said that Section 3-64 of our ordinance has a provision which allows minors on the premises of a restaurant. Also, Del Taco does not have a restaurant that sells through the drive-thru window, nor do they plan to. Mr. Jacobs said that 30 of their 61 restaurants served beer and wine with their food and this was the only time they have been denied. Mr. Jacobs said he felt there is a definite market for beer and wine but it only amounts to approximately 2% of their sales. Attorney Camp said it appears they would qualify as a restaurant as defined in the Code by meeting the seating capacity and the 60% food sales required. Kathy Brooks said that even though the location meets the distance. requirements, the close proximity of the two schools in the area bothered her. Kathy asked about the age of his employees and Mr. Jacobs said the majority of them are 19 or over and they could provide those under age with an opportunity to transfer to another restaurant which would be closer to their home. Kathy Brooks said she still had some concern ,about the drive-thru window and after further discussion made a motion the license be granted with the stipulation that the license will be automatically revoked upon any knowledge of beer or wine sales through the drive-thru window. James Williams seconded the motion which carried 4-2, with Max Bacon and Hugh Ragan opposed. Jim Hawkins recognized Cobb Commission Chairman Earl Smith and Sheriff Bill Hutson. Mr. Smith asked for council's support of a resolution for the April 2nd referendum on the 1% local option sales tax increase. Mr. Smith -said the tax increase will be in effect for 4 years if approved, and the money will be used strictly for roads, bridges, right of ways, etc. Max Bacon said this was the most equitable way to raise money for road improvements, which is badly needed. Max said he had also seen the list of streets involved, and Smyrna will get their fair share. Max Bacon made a motion the rules be suspended to approve a resolution. Hugh Ragan seconded the motion which carried 6-0. Jim Hawkins read the resolution endorsing the proposal for a 1% local option sales tax for road. improvements. Kathy Brooks seconded the motion which carried 6-0. (copy to be made a part of these minutes) Sheriff Hutson said he was introducing the Stop Drugs at the Source program to all the cities in Cobb and was asking for their support of this State-wide program. Sheriff Hutson said this information was sent directly from the Governors office and he was handing it down to other agencies and asking for their full cooperation in the program. Privilege License: Charles J. Vrono requested a transfer of the beer and wine pouring license for Sizzler Restaurant, 2731 South Cobb Drive. There was no opposition. Mr. Vrono said he was an attorney representing Sizzler in the Atlanta area and was a resident of Cobb County. In the past, Sizzler has had their licenses in the manager's names and because of their high turnover rate, they had asked him to hold the license to avoid coming back every year or two. Mr. Vrono was not able to answer any specific questions about the operation of the restaurant and said he was not notified of the meeting until this morning. Mr. Camp said it may be a good idea to table this to the next meeting until Sizzler could have a repre- sentative present to answer questions. Kathy Brooks made a motion the application be tabled to the next meeting. Hugh Ragan seconded the motion which carried 6-0. Privilege License: Susan Michele Ramsey requested a transfer of the beer and wine package license for 7-Eleven Food Store at 1828 Spring Road. There was no opposition from the audience. Ms. Ramsey said she was the District Accounting Manager for 7-Eleven. Jack Shinall asked Ms. Ramsey if they had any problems with people buying beer and wine and drinking and loitering in the parking lots. Ms. Ramsey said they did not; they have a very strict policy concerning their sales. Jack said they did have a problem with the store on Old Concord Road, which is the next item on the agenda for approval and asked that she check into it. Mr. Camp reminded Ms. Ramsey that by holding this license, she would be personally ` responsible, not Southland. Ms. Ramasey said she was aware of that because she holds other licenses for them. Kathy Brooks made a motion the transfer be approved. James Williams seconded the motion which carried 6-0. V 1. Privilege License: Susan Michele Ramsey requested a transfer of the beer and wine package license at 7-Eleven Food Store at 2539 Old Concord Road. There was March 18, 1985 - Continued no opposition from the audience and Kathy Brooks made a motion the license be approved. Jack Shinall seconded the motion which carried 6-0. Hugh Ragan made a motion that Henry Electrical Company be granted approval for a construction at the Boise -Cascade job site in Highlands Park for 1 year. James Williams seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: 1) Executive Golf, Inc. requested a building permit for construction of the clubhouse for the new golf course on Cherokee Road Extension at a total estimated cost of $125,000. Jack Shinall made a motion the permit be approved subject •to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 6-0. 2) Auto Service Centers International requested a building permit for interior finish for Allied Transmissions at 2849 South Cobb Drive at a total estimated cost of $29,000. Jack Shinall said the original agreement with this builder was that he would plant red tip photenias 4 to 5 feet tall at the rear of the property and they look awfully small, but he would get with Gene Golden about the buffer. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. 3) Cumberland Child Care Center requested a building permit for an addition to the existing building at a total estimated cost of $33,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Enginer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. 4) Billy Askea requested a permit for an addition to the existing building at 2974-D South Cobb Drive at a total estimated cost of $16,370. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Hugh Ragan seconded the motion which carried 6-0. 5) Murata Erie North America requested a building permit for construction of a new office building at 2200 Lake Park Drive at a total estimated cost of $1,500,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Bob Davis seconded the motion which carried 6-0. 6) Lincoln Property Company requested a building permit for interior finish at 2300 Lake Park Drive at a total estimated cost of $29,000. Max Bacon made a motion the permit be approved subject to approval of the City Enginer and Fire Marshal. James Williams seconded the motion which carried 6-0. Public Hearing - Ordinance Amendment: Jack Shinall said this Charter amendment, which is rather lengthy, is available for inspection in the City Clerk's office. The amendment re -describes the 7 wards of the City by metes and bounds and eliminates the piecemeal descriptions we now have. There were no questions or comments from the audience and Jack Shinall made a motion the Charter be amended by deleting Article II (Corporate Limits) in its entirety and replacing the existing Section 6(c) of Article III with a new section. James Williams seconded the motion which carried 6-0. Jack said the final approval of this amendment would be April 1, 1985. Approval of Resolution: Jack Shinall stated that Revenue Sharing and Community Development Block Grants were the only two programs that the City receives any direct Federal funds from. Today we received a letter from Congressman Wyche Fowler concerning a survey he conducted and 94% of the Mayors surveyed said that Revenue Sharing was the most important of all the Federal programs. Jack Shinall read a Resolution urging Congress to continue the Federal Revenue Sharing program and made a motion it be approved. James Williams seconded the motion which carried 6-0. (copy to be made a part of these minutes) Report on Bid Award: Hugh Ragan said at the last meeting a motion was made that the Public Safety Committee be authorized to purchase the low bid for the Emergency Management vehicle which was from General GMC Trucks. After the motion was made it was realized that there was not enough Revenue Sharing money in their budget to cover the price of the vehicle. Hugh stated the vehicle would be purchased from $11,514 in Revenue Sharing; $400 from account 14910303; $288 from account 14910702; $200 from account 14930526; $396 from account 14930525; all to be transferred to account number 14950527 to cover the cost of low bid. March 18, 1985 - Continued Bid Award: Hugh Ragan said at the last meeting a motion was made to authorize the committee to purchase low bid on the Fire Chief's car. After reviewing the," bids, it was found that the low bid from Days Chevrolet did not meet specifications.+ Hugh Ragan made a motion the second low bid be awarded to Wade Ford at $11,084.81, to be paid from the Contingency Fund. Jack Shinall seconded the motion which carried J 6-0. Workmans Compensation: Jim Hawkins said the company that presently writes our workmans compensation is getting out of that field and we are in the process of finding another company. We have not received any bids because we need more background and hope to have bids ready for the next meeting. Max Bacon made a motion the workmans compensation bids be tabled. James Williams seconded the motion_ which carried 6-0. Committee Assignments: Jim Hawkins read Mayor Bacon's new committee assignments and stated they would be effective as of tonight: FINANCE & ADMINISTRATION Jack Shinall, Chairman James Williams Max Bacon PUBLIC SAFETY Hugh Ragan, Chairman POLICE, FIRE & CIVIL DEFENSE Jim Hawkins James Williams 1 l STREETS, MAINTENANCE Max Bacon, Chairman � AND GARAGE Hugh Ragan Bob Davis ENGINEERING & INSPECTIONS Kathy Brooks, Chairman Hugh Ragan Jim Hawkins WATER & SANITATION James Williams, Chairman Max Bacon Jack Shinall PARKS & RECREATION, INSURANCE Jim Hawkins, Chairman Jack Shinall Kathy Brooks LIBRARY, EMPLOYEE BENEFITS, Bob Davis, Chairman ALCOHOL & PRIVILEGED LICENSE Kathy 8rookb7 Hugh Ragan Approval of Agreement with State: Max Bacon made a motion the Mayor be authorized to sign an agreement with the State Department of Transportation to revert State -,- Route 3 (Atlanta Road) to local governing authorities for maintenance. James Williams seconded the motion which carried 6-0. Committee Reports: Hugh Ragan welcomed Bob Davis to council. Jim Farley said he had met with an electrical contractor today that is willing and able to install the Emergency Outdoor Warning System equipment. Assistant Fire Chief Hubert Cochran said he checked on the pumper truck today and it should be ready for service in a few weeks. Police Chief Little said his department other agencies on the Stop Drugs at the years now. Kathy Brooks welcomed Bob Davis to council. is already working with Cobb County and Source Program and have been for several (Library) Doris Morris thanked the Jonquil Garden Club for the dogwood trees and shrubs they planted at the library. (Finance) Jack Shinall said all the budgets are in and the committee has started to review them and establish meetings with the committees and department heads. Jack said the committee was moving ahead in their search for a City Administrator and Mr. Camp has given them several options for guidelines for qualifications. March 18, 1985 - Continued (Water) James Williams said it was the general practice under a bond issue rehabili- tation program for the City to designate someone at City Hall to authorize a bid ,request rather than to approve each bid request individually by council. James Williams made a motion the rules be suspended. Max Bacon seconded the motion which carried 6-0. James Williams made a motion that the City Clerk be authorized to request bids on the projects coming under the Water and Sewer Revenue Bonds as needed to proceed, from time to time, returnable to Mayor and Council for acceptance or rejection in whole or in part. Max Bacon seconded the motion which carried 6-0. Jim Belk with Welker & Associates said they were pretty much on schedule and their next step is to request bids for the water project. Max Bacon said he has been having some problems in his area with the railroad and recently recieved a letter From the head of the transporation department in Jacksonville. However, this weekend he received more complaints than ever before. He talked to the people with Seaboard Railroad in Atlanta once again and hopefully they will come up with something tomorrow or the next day. Max also thanked Earl Smith for coming tonight and talking about the 1% local option sales tax for road improvements. Max also welcomed Bob Davis to council. Bob Davis thanked the citizens of Ward 1 for electing him and for the confidence they have shown. Bob said he looked forward to working with the Mayor and Council. Jack Shinall said we are having problems with people burning trash and we are receiving complaints from all over the City. This is a violation of the State law; not just the City. Jack asked everyone to please find another way to dispose of garbage and trash. Jim Hawkins said he looked forward to having Mayor Bacon back at the next meeting and reminded everyone of the Jonquil Breakfast on March 20th. With no further business,, meeting adjourned at 9:05 p.m. ::::ZXK C_ - A-ftfHUR T. BACON, MAYOR � 01 JAMVS�JILLIAMS , WARD 3 FA K SHINALI, WARD 5 HUGH RAGAN WARD 7 ~ WILLOUISE C. SPIVEY, CITY OERK e�**Xam�' MAX hACON, WARD 2 • A - /JAMES M. HAWKINS, WARD 4 KATHY BR00 ARD 6 Amendment to the Wastewater Service Agreement Between Cobb County and the City of Smyrna r This High Strength Wastewater Surcharge Agreement has been entered into this __ day of ________, 1985, between Cobb County and the City of Smyrna. WHEREAS, Cobb County owns and operates wastewater treatment facilities which are permitted by the State of Georgia; and WHEREAS, Cobb County must, as required in its permits and as a part of its overall user charge system, develop a high strength wastewater surcharge program applicable to all industrial users of its wastewater treatment system wherever located; and WHEREAS, Cobb County has entered into a service contract with the City of Smyrna, whereby Cobb County treats at its treatment plant wastewater discharges from the City of Smyrna, and WHEREAS, the City of Smyrna and Cobb County desire to implement a high strength wastewater surcharge program. In consideration of the following terms and conditions contained herein, Cobb County and the City of Smyrna agree that: This agreement shall provide for high strength wastewater surcharges to customers of the City of Smyrna and Cobb County and the method -for monitoring required wastewater and discharge dat& for industrial or commercial discharge connected to the City of Smyrna's sewer collection system 1 which is treated at a Cobb County wastewater treatment facility. Surcharges may be assessed to Industrial customers as herein defined. Definitions 1. Surcharge Rate - Cost per pound of relevant wastewater parameters which may include five day biochemical oxygen demand (BOD5), suspended solids (SS), ammonia nitrogen NH3-N) and phosphorus (P), with costs and other relevant pollutant parameters as may be determined by the City of Smyrna and i Cobb County on a periodic basis. 2. Dome gewage - Characterized as sewage with the following concentrations of wastewater pollutants: BOD5 - 300 milligrams per liter (mg/1) SS - 300 mg/l NH3-N - 18 mg/l P - 15 mg/1 3. Industrial Sampling Profile - A fourteen (14) consecutive calendar day composite sample of wastewater from potential j surcharge customers. 4. Average Surcharge Concentration - The concentration of waste, expressed in milligrams per liter for each single parameter listed in item "l" above, i.e., BOD5, SS, NH3-N, and P, as determined in the industrial sampling profile of fourteen (14) observations each, and computed as follows for one pollutant parameter, (e.g., BOD5): a. Disregard all values less than or equal to the definition of domestic sewage. b. Total all values greater than the definition of domestic. sewage. 2 c. Record only the net difference in the greater value and its corresponding definition of domestic sewage. d. Sum all net differences and divide by fourteen (14) days. e. Result represents the Average Surcharge Concentration upon which billing will be based for one parameter, e.g., BOD5. f. Repeat "a" through "e" for the remaining three (3) parameters (e.g., SS, NH3-N, and P), and others as may be added from time to time. 5. Industrial Customer - Discharge with a volume exceeding 25,000 gallons per day or the weight of pollutant parameters equivalent to or greater than that weight found in 25,000 gallons per day of domestic wastes are considered industrial users. 6. Sur_qtiarae QUAjg_r - Any industrial customer whose wastewater pollutant parameter(s) contains an average concentration, expressed in milligrams per liter, which exceeds that found in domestic sewage. 7. M"r tbly Fly - The total monthly water metered by the existing potable water meter, or the wastewater flow metered by a flow measuring device approved by the City and the County. 8. S.Urcharag _(;_qLnvutation - For each month's surcharge, multiply the Average Surcharge Concentration in mg/1 by 8.34 by the monthly flow rate in million• gallons by the surcharge rate for each parameter. The total of all parameters is the total monthly surcharge to be billed. Note that the M magnitude of the monthly bill will vary as the flow rate varies; however, the Average Surcharge Concentration does not vary once set. Provisions 21 Ilie surcharge Program 1. The Cobb County Water System Laboratory, at the County's expense, will randomly sample surcharge customers at least once annually to insure that waste strength does not vary considerably from the original profile. If desired, the County or the City may elect to employ an independent laboratory to collect and/or analyze the Industrial Sampling Profile. 2. The total surcharge bill will be calculated based on the Average Surcharge Concentrations determined for each pollutant parameter. These concentrations will then be considered constant unless modified due to the following situations. 3. Based on the findings of the random sampling program, if the industrial customer's Average Surcharge Concentration increases or decreases, the Surcharge computation will increase or decrease correspondingly. 4. It is the Industrial Customer's responsibility to notify the Cobb County Water System of any waste strength increase in order that a new profile can be performed at the industry's expense and the surcharge increased correspondingly. 5. If an industrial customer makes a process modification(s) or institutes pretreatment which decreases waste strength, the customer may, at their discretion and expense, request a 4 new industrial profile by the Cobb County Water System Laboratory. The results of this profile will then be used to f establish new Average Surcharge Concentrations for each pollutant which remains constant until change is required, as discussed above. 6. At the industrial customer's request, Cobb County will split wastewater samples with the industrial customer so that the customer may have the sample concentrations computed by Cobb County verified by a qualified laboratory. 7. Both the Cobb County Water System and individual industrial customers have the right to re-establish the Average Concentration through perforamnce of a new industrial sampling profile. Where requested by the industrial customer, the charge for the fourteen (14) day profile is established at $1,500. and is subject to change as lab and administrative costs change. 8. The City of Smyrna agrees to inform Cobb County of any new customers connecting to the wastewater system which to its knowledge may potentially be subject to high strength wastewater surcharges. 9. The City of Smyrna will provide Cobb County with water consumption data on industrial customers, as requested, except metering flow reports which shall be conducted by the County. 10. Any authorized officer or employee of Cobb County, or their representative, may enter and inspect, sample, and monitor designated sampling manholes of the sewer system of 5 Section 1.0. This ordinance will be known as the "City of Smyrna_Chattahoochee River Tributary Protection Ordinance. -"- Section 2.0. Statutory Authorization. This ordinance is adopted pursuant to the requirements of Georgia Code Section (UCGA) 12-5-453. s r Section 3.0. Finding and Purposes. 3.1 Findings.j The Mayor and Council of The City of Smyrna finds that: 1. The Chattahoochee River provides multiple public benefits, which include use of the river as the primary water supply for metropolitan Atlanta. 2. The water quality of the Chattahoochee River depends upon the water quality of the flowing streams tributary to the river. 3. Sediment and other polluting materials and conditions, including but not limited to pesticides, nutrients such as nitrogen and phosphorus, toxic materials, and elevations .in. water temperature are harmful to the water quality of the river and its tributaries. 4. The riparian vegetation along these watercourses helps preserve water quality. Dense tree growth helps to prevent stream bank erosion, and streamside vegetation reduces the amount of sediment and other polluting materials that would otherwise wash into streams. Riparian trees, by shading, help maintain cooler water temperatures and thus enhance water quality. 3.2 Purposes. It is the purpose of this ordinance to promote the public health, safety and general welfare; to minimize public and private losses due to erosion, siltation, and water pollution; and to maintain stream water quality in specific areas by provisions designed to: 1. Create vegetation buffer areas adjacent to tributary streams in the drainage area of the Chattahoochee Corridor. ! 2. Minimize land -disturbing activities within such buffer areas by requiring issuance of a permit for such activities. Section 4.0. Definitions. 4.1. "Chattahoochee River Tributary Protection Area," also referred to as' the "protection area," means the stream channel and the land area extending outward 20 horizontal feet from the center on either side of all flowing streams in 1 the drainage basin of all tributaries of the Chattahoochee River which enter the Chattahoochee. River downstream from Buford Dam and upstream from Peachtree Creek, except for such land within the Chattahoochee Corridor, as defined in Georgia Code Section (UCGA) 12-5-441, or greater as determined in site plan approval--by-the-Mayor and Council where the size- of the stream justifies a greater "protection area." The "protection area" may be increased in size from time to time or at different locations as determined by size of the stream and water flowage by Mayor and Council and such designated changes shall be noted on the map of the protected areas within the City. 4.2 "Flowing stream" means*any stream which is designated and shown as a permanent stream on the 7.5-minute quadrangle maps of the U.S. Department of the Interior, U.S. Geological Survey, plus any stream which the Mayor and Council of The City of Smyrna may determine to be, and designate as, a flowing stream.. 4.3 "Land -disturbing activity" means scraping, plowing, clearing, dredging, grading, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit. 4.4 "Parcel" means any plot, lot or acreage shown correctly as a unit on the latest county tax assessment records. 4.5 "Person" means any individual, partnership, corporation, trust, entity, or authority and shall include their agents or contractors, the State of Georgia, its political subdivisions and all its departments, boards, bureaus, commissions, or other agencies. 4.6 "Watershed" means the land area which drains into a particular stream. Section 5.0. Establishment of Tributary Protection Area. The "Chattahoochee River Tributary Protection Area" within the City of Smyrna, hereinafter referred to as the "protection area," is hereby established. The designated protection area shall be shown on the Official Map of the City of Smyrna. Section 6.0. Permit. No person shall engage in any land -disturbing activity in a protection area without first having obtained a written permit from the Building Inspections Department of the City of Smyyna. 6.1 Exceptions. The permit provisions of this ordinance shall not apply to: 2' 1. Emergency work necessary to preserve life or property. When emergency work is performed under this section the person performing it shall report the pertinent facts relating_to.the work. to the Building Inspector of the City of Smyrna on the next business day after commencement of the work. Within 10 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Building Inspector to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyace capacity, stability, or water quality of the protection area. 2. Work consisting of the repair or maintenance' of any lawful use of land which is zoned and approved for such use on the date of adoption of this ordinance or January 1, 1984, whichever is earlier. 6.2 Application for a_ permit. A separate- application for a permit shall be made to the Building Inspector, on a form approved by the Building Inspector, for each land -disturbing activity, except that only one application need be made for two or more such acts which are to be done on the same parcel. The application shall include a map of the site and such information concerning the proposed action as the Building Inspector deems necessary to describe the nature and extent of the proposed action and to determine the effect of the -proposed action on the protection area. 6.3 Issuance of permit. No application for a permit shall be approved and no permit shall be issued for any land - disturbing activity within the protection area unless: (a) the land -disturbing activity is for the purpose of constructing one of the following: a stream crossing by a driveway, transportation route, or public utility; a dam and/or impoundment; a. detention, retention, or sediment control pond or facility; or (b) the land -disturbing activity is within a right of way of. any public agency pursuant to a permit issued by such public agency; or (c) the Building Inspector finds and determines that a minimum amount of land disturbance necessary for the beneficial use of the parcel has been proposed. 6.4 Conditions. In each permit issued under the porvisions of this ordinance, the Building Inspector shall include conditions designed to: (a) limit erosion, sedimentation, and water pollution within the protection zone to amounts and rates no greater than those occurring before the land -disturbing activity, and (b) preserve, protect, or replace the maximum feasible amount of natural vegetation. 6.5 Variance. The Mayor and Council of the City of Smyrna shall giant no variance from any provision of this 3 ordinance without first conducting a public hearing on the application for a variance and authorizing- the granting of the variance by majority vote of the Mayor and Council. 6.6 Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Smyrna, its officers or employees, for injury or damage to persons or property. A permit issued pursuant to this ordinance does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other city or county ordinance or state law.. 6.7 Term of permit; extension; renewal. - Thee permittee shall complete the work authorized by the permit within the time limits specified in the permit, which in no event shall extend more than 12 months from the date of issuance. The permittee shall notify the Building Inspector at least 72 hours prior to the commencement of work. Should the work not be commenced and completed within the time limits, then the permit shall become void; provided, however, that if prior to the date established for commencement of work, the permittee makes written request to the Building Inspector. for an extension of time to commence the work, setting forth -the reasons for the required extension, the Building Inspector may grant such extension. A permit which has become void may be renewed at the discretion of the Building Inspector. 6.8 Inspection. The Building Inspector may cause inspections of the work to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Building Inspector in making such inspections. The City of Smyrna shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land -disturbing activities within a protection area. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. 6.9 Performahce bond. Prior to the issuance of any permit for land -disturbing activities within the protection area, the applicant shall submit a performance and maintenance bond which shall ensure that all terms and 4 conditions of the permit are compled with. The bond shall pertain to and recite therein an exact description of the property in question. The length of time for which the bond shall be valid shall be determined by the Building Inspector, and shall be specified on the face of the bond. The bond shall be in an amount equal to the estimated cost for carrying out the land -disturbing activity in compliance with all terms and conditions of the permit. The sum of the bond shall be made payable to the City of Smyrna. The bond shall be provided by a bonding company licensed and registered in the State of Georgia. Section 7.0. Penalties. 7.1 Failure to obtain a permit for land -disturbing activity. If any person commences any land -disturbing activity requiring a land -disturbing permit as prescribed in this ordinance without first obtaining said permit, that person shall be subject to revocation of his business license, work permit, building permit, or other authorization for the conduct of business and associated work activities within.the jurisdictional boundaries of ,the City of Smyrna. 7.2 Stop -work orders. Upon notice from the Building Inspector, work on any project that is being done contrary to the provisions of this ordinance shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed or the site restored to its original condition or its equivalent. Where an emergency exists, no written notice shall be required. 7.3 Performance bond forfeiture. If, through inspection, it is determined that a person engaged in land -disturbing activities has failed to comply with ther terms and conditions of the permit, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the permit and shall state the time within which such measures must be completed. If the person engaged in the land -disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, his performance bond shall be subject to forfeiture. 7.4 Suspension, revocation or modification of permit. The permit may be suspended, revoked or modified by the Building Inspector upon finding that the holder is in violation of the terms of the permit or any portion of this ordinance. 5 7.5 Civil penalties. Any person violating any provision of this ordinance, permitting conditions or stop work order and the owner of the land on which the violation occurs shall be liable for a civil penalty of not less than $1.00.00 per day or not -to exceed $500.00 per day. Each day the.v iolation continues shall constitute a separate offense. Section 8.0. Administrative Appeal. 8.1 Administrative Appeal. Any decision or order of the Building entitled to a hearing before the Mayo days after receipt by the Building notice of appeal. ' Judicial Review. person, aggrieved by a Inspector, shall be r and Council within 15 Inspector of written 8.2 Judicial Review. Any person injured by a. decision or order of the Building Inspector, who shall. first have appealed the Building Inspector's decision to the Mayor and Council may seek appeal the decision of the Mayor and Council to the Superior Court of Cobb County, Georgia. Such appeal shall be filed within 30 days of the decision of Mayor and Council and shall be limited to the evidence and testimony received at the hearing before Mayor and Council. Section 9.0. Effectivity and Validity. 9.1 on the Effectivity. This ordinance shall become effective 9.2 Validity. If any section, subsection, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. 6 Interjurisdictional Pretreatment Agreement Between Cobb County, Georgia And The City Smyrna, Georgia a This Agreement is entered into this ___ day of ........ 1985, between Cobb County and the City of Smyrna. RECITALS Whereas, Cobb County owns and operates a wastewater treatment system, and Whereas, the City of Smyrna currently utilizes this wastewater treatment system, and Whereas, Cobb County must develop, implement and enforce an industrial pretreatment program pursuant to conditions contained in its discharge permits issued by the State of Georgia Environmental Protection Division; and Whereas, the City of Smyrna desires to continue to utilize the wastewater treatment system and recognizes its industrial waste control obligations under 40 CFR 403. In consideration of the following terms and conditions Cobb County and the City of Smyrna agree: 1. The City of Smyrna shall adopt an ordinance which contains provisions similar to the ordinance adopted by Cobb County and will enforce said ordinance, with the assistance of Cobb County. 1 2. Said ordinance will incorporate the following provisions: (a) a provision requiring any industrial user responsible for a significant accidental discharge to notify immediately both Cobb County and the City of Smyrna; (b) a prohibition on the use of dilution as a control technique for compliance with discharge limits except as 9 allowed by Federal Pretreatment Standards; (c) a grant of authority to impose mass discharge limits in lieu of, or in conjunction with, concentration discharge limits; (d) a prohibition against and penalty for the knowing transmittal of false information by an industrial user to either Cobb County or the City of Smyrna. (e) a grant of authority to require the installation of all monitoring and pretreatment facilities by industrial. customers. 3. Cobb County and the City of Smyrna shall periodically (at a minimum of every three years) review their respective ordinances and draft and adopt amendments to their respective ordinances when necessary to ensure the effective administration and operation of the pretreatment program. Whenever Cobb County becomes aware of a problem with the pretreatment program which can be mitigated by a change in the ordinance, Cobb County shall notify the city of Smyrna and the City will adopt an ordinance to mitigate such problem. 1) 4. The City of Smyrna will adopt specific discharge limits as established in Cobb County's sewer use ordinance and, as may be necessary, assist Cobb County in the enforcement of these limits. 5. The City of 'Smyrna's ordinance will provide that categorical pretreatment standards promulgated by the U. S. Environmental Protection Agency (EPA) will be incorporated by reference into the City of Smyrna's ordinance. These standards shall control any specific discharge limits in the ordinance which are less stringent than the categorical standards as they apply to the particular industrial subcategory. Cobb County shall notify all affected r industrial users of pertinent categorical standards and monitoring and reporting requirements contained in 40 CFR 403.12 or included as part of the categorical standard. 6. The City of Smyrna shall adopt in its ordinance a� definition for industrial user as required under 40 CFR 403.12. Cobb County may make a determination as to whether a particular industrial user is an industrial user based on information Cobb County may request from the City of Smyrna and the identified user. The City of Smyrna through Cobb County shall control, with industrial discharge permits, industrial waste discharges from each industrial user discharging into the sewer, wherever located. 7. The City of Smyrna shall file with Cobb County a certified copy of its ordinance and any amendments thereto. As necessary, the City of Smyrna shall assist Cobb County in obtaining all industrial. monitoring _reports including 40 CFR 3 subsection 403.12 compliance reports, self -monitoring reports, baseline reports, records of violations and actions taken, and any other monitoring or reporting requirements imposed by Federal., State or local regulations. These records and other relevant information shall be maintained by Cobb County for at least three years. 8. An authorized officer or employee of Cobb County or the City of Smyrna may enter and inspect at any reasonable time designated sampling manholes of the sewer system of the City of Smyrna. The right of entry and inspection shall be i limited to public streets, easements, and property within which the system is located. Cobb County shall, as appropriate, enter onto private property to inspect industrial waste discharges. The City of Smyrna. will make necessary legal and administrative arrangements for these inspections after reasonable notice from Cobb County. The right of inspection may include on -site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing, and access to (with the right to copy) pertinent compliance records located on the premises of the industrial user. Cobb County shall be solely liable and hold the City of Smyrna harmless from the activities of its employees in conducting such tests. 9. If City of Smyrna shall refuse to aid in the fulfillment of any pretreatment obligations, Cobb County may develop and issue a remedial plan containing a description of the nature of the deficiencies, an enumeration of steps to be taken by 4 the Industrial Customer, and a time schedule for attaining compliance with all pretreatment requirements. Such plans shall be specifically enforceable in a court of competent P• jurisdiction. Where the Industrial Customer wilfully fails to satisfy the terms of the remedial plan, Cobb County, may, upon thirty days written notice, refuse to accept any industrial waste discharges from the Industrial Customer. The City of Smyrna agrees to cease water service to any Industrial Customer who shall be found guilty of wilful failure to comply upon notice from Cobb County of the non- compliance. 10. Where a discharge to the wastewater treatment system reasonably appears to present an imminent danger to the e_ health and welfare of persons, or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the wastewater treatment system, Cobb County may immediately initiate steps to identify the source of the discbar;e, ar_d to halt or prevent said discharge. Cobb County may seek injunctive relief against any industrial user contributing to the emergency condition, and/,or may pursue other self-help remedies. The City of Smyrna agrees to cooperate and take such steles as sire necessary to assist in insuring compliance. 11. The terms of this Agreement may be amended only by written agreement of the parties. In any Fvent, this Agreement shall be reviewed and revised, a, necessary, at least every three years. 5 r IC 12. This Agreement will remain in effect so long as the Service Agreement remains in effect. Termination of the Service Agreement shall also result in the termination of this Agreement. The parties hereto have executed this Agreement on the date shown above. Cobb County Cobb County Water System Attest (Seal) City of Smyrna Attest (Seal) 6 A RESOLUTION ON GENERAL REVENUE SHARING WHEREAS, the United States Congress established the General Revenue Sharing Program in 1972; and WHEREAS, this program of local government fiscal assistance has been reenacted in 1976, 1980 and 1983 with strong bipartisan support; and WHEREAS, this program has been the most efficiently administered and flexible of all federal programs; and WHEREAS, the administrative cost for General Revenue Sharing in 1984 was less than two tenths of one percent of the amount paid to cities and counties; and WHEREAS, there has been no increase in the funding level of this program since 1976 and thereby has not significantly contributed to the increase in the federal deficit; and WHEREAS, the discretionary nature of the program for local governments permits them to set local priorites to address local needs; and WHEREAS, the cost of federal mandates on Georgia's local govern- ments is $150 million over the amount that they receive in Local Government Fiscal Assistance through this program; and WHEREAS, this program has permitted the cities of Georgia to complete many necessary projects on behalf of their citizens, which would not be possible without the General Revenue Sharing Program; and WHEREAS, some projects for the City of Smyrna funded by this local fiscal assistance program include Fire and Police vehicles, Parks and Recreation vehicles, Emergency Management rescue vehicles, Jaws of Life rescue equipment, radio equipment for Police, Fire and Emergency Management vehicles, Library shelving and magnifier for the low -visioned, Sanitation Department vehicles and equipment, typewriters and other office equipment, recorder for the Police Department, computer hardware, and other capital expenditures; and WHEREAS, current proposals by the Administration and the Congress plan to terminate the General Revenue Sharing program in September of 1985, one year before the program authorization expires; and WHEREAS, the loss would mean that city taxes would have to be raised by 1 mill to offset this annual loss of $180,760. NOW THEREFORE BE IT RESOLVED that the City of Smyrna is adamantly opposed to the termination of the General Revenue Sharing Program. BE IT FURTHER RESOLVED that the City of Smyrna supports extending and funding the program at least through 1989 and respectfully requests the support of Senators Nunn and Mattingly and Congressman Darden in this endeavor. Resolved this 18th day of March, 1985. !4 e. -. Mayor, City of Smyrna Attes City Clerk, City of Smyr WHEREAS, due to the rapid growth and progress of Cobb County and the City of Smyrna, traffic congestion and street and road construction, maintenance and repair have become ever more pressing needs to the citizens of Smyrna and of Cobb County; AND WHEREAS, the City of Smyrna and Cobb County are unable to keep pace with the increasing demands for revenue necessary to construct, maintain, and repair the streets and roadways in Smyrna and Cobb County in order to prevent congestion and provide access; AND WHEREAS, the legislature of the State of Georgia has provided a method for obtaining a source of revenue for road improvement, construction and repair by means of a one percent (1%) local option sales tax for a period of four (4) years, provided the citizens of Cobb County shall approve the same by local referendum; AND WHEREAS, Cobb County has identified certain streets and roads lying within the City of Smyrna upon which certain of the funds will be expended; AND WHEREAS, the Mayor and Council of the City of Smyrna have reviewed the identified streets and roads and have found the City of Smyrna to be well represented in the proposed list of needed improvements; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Smyrna wholeheartedly endorses the proposal fora one percent (1%) local option sales tax for a period of four (4) years for Cobb County for road improvements and urges the citizens of Smyrna and of Cobb County to qpprqve the same by local referendum to be voted upon on 1985. _ Passed, this the 18th day of March 1985. ,. Witness the signature of the Mayor of the City of Smyrna or his duly authorized representative. Mayor, City of Smyrna A e t: City Clerk 1. the City of Smyrna as agreed upon with City from time to time. This right of entry and inspection, sampling, and monitoring shall be 1-imited to public -streets, easements, and property within which the system is located, and the County shall be solely liable and hold the City harmless for the activities of its employees in conducting such tests. 11. The Surcharge Computations for all industrial* customers connected to the City of Smyrna's wastewater collection and whose wastewater is treated at a Cobb County treatment facility will be itemized on a monthly basis and the bill amount, including any monitoring or analysis costs, will be forwarded to the City of Smyrna. The City of Smyrna, as a part of its program of user charges, will bill individual industrial customers and collect amounts due. The City of Smyrna shall pay the amounts collected within 10 days from date of receipt and shall notify Cobb County of all - delinquent accounts. The City of Smyrna will deny water service to any account which is 45 days past due until the same shall be paid in full or arrangements satisfactory to Cobb County and the City have been met. COBB COUNTY WATER SYSTEM BY•_ __ ����. Harry E. Ingram, Department Manager DATE: ATTEST CITY OF SMYRNA BY: - DATE: _ ATTEST