10-28-1999 Special Called MeetingOctober 28. 1999
The special called meeting of Mayor and Council was held at Smyrna City Hall. The meeting
was called to order by presiding officer Mayor A. Max Bacon at 6:30 o'clock p.m. All council
members were present. Also present were City Administrator Howard Smith, City Clerk
Melinda Dameron, City Attorneys Chuck Camp and Al Cochran and representatives of the
press.
FORMAL BUSINESS:
(A) Approval of Intergovernmental Agreement - HB 489
Mr. Smith stated this is required of the city by State law for all the cities in Cobb County to
come to an agreement on Service Delivery Strategy. He then asked Mr. Scott Cochran to
discuss the Service Delivery Strategy document. Mr. Cochran stated the city representatives
have met with representatives from most of the cities and the County recently to review the
contract portion of the document. He stated the wording has been agreed upon and that is what
is being presented this evening.
Mr. Smith stated one of the purposes of the document is double taxation and the document
before the council provides for distribution back for those taxes. The document calls for those
taxes to be paid back to the respective cities on a proportional basis based on population and is
part of a two-year agreement with funds also made available this year to be distributed back to
the cities on that certified population basis by the Atlanta Regional Commission.
Councilman Hawkins stated this issue has been before the cities and the County for many years
wherein the city residents pay for city services as well as a full share of county services. Mr.
Hawkins stated the document presented tonight does recognize there are some inequities in the
way taxes are collected. Mr. Hawkins stated for the record this document does vindicate a
position that the cities have long held and feels the cities are probably due more than what is in
the contract but feels it is a giant step forward and he will support the agreement.
Mayor Bacon stated he agreed with Mr. Hawkins and the reason for the meeting tonight is due
to the State requirement that the city has to adopt a document by October 31 or be subject to
sanctions by the State. Mayor Bacon continued that he knows this is not the answer to double
taxation but feels it is a step in the right direction.
Mayor Bacon stated he would entertain a motion to authorize the Mayor to sign the document.
Councilman Hawkins made a motion that the Mayor be granted the authority to sign the
approval of the Intergovernmental Agreement that is before the council this evening.
Councilman Scoggins seconded the motion. Mr. Scott Cochran stated he thought it would be
wise to give the Mayor some latitude because there may be some changes in the next day or so
because there is some wording that the City of Marietta is trying to change. Councilman
Hawkins stated he would amend his motion to not only authorize the Mayor to sign the
document but also give the Mayor the latitude to make certain changes he deems necessary.
Councilman Scoggins withdrew his second to the original motion.
Councilman Hawkins then made a motion to allow the Mayor of Smyrna to sign and to use his
discretion in any minor changes he deems necessary in adopting the Intergovernmental
Agreement having to do with House Bill 489. Councilman Scoggins seconded the motion.
Councilman Lnenicka stated he is concerned that if the State, through the Department of
Community Affairs, decides to impose sanctions on the City of Smyrna or Cobb County or the
other cities in Cobb County those sanctions do not really apply to the city but apply against the
citizens of Smyrna and Cobb County who have done nothing wrong. Councilman Lnenicka
stated he believes HB 489 is unconstitutional but is willing to support the agreement before the
City of Smyrna. *Councilman Lnenicka made a motion to amend the motion to state that if for
any reason the State decides that the adoption by the City of Smyrna and by Cobb County and
the other cities in Cobb County of this agreement in some ways is not done legally and they
decide to impose sanctions upon the City of Smyrna, that the city authorize in this amendment,
the city attorneys to begin immediate legal action to provide injunctive relief against those
sanctions and to seek to have the law overturned on its constitutionality. Councilman Cramer
seconded the motion. Councilman Hawkins stated he agreed with Mr. Lnenicka but further
stated he did not know if it was wise to make an amendment to a motion here tonight that binds
the city to a certain action in the future and there is nothing that would preclude the Council or
the incoming council from proceeding with the action Mr. Lnenicka just described. Mr.
October 28, 1999 special called meeting - continued
Hawkins continued that he felt the amended motion would bind a future council to
automatically enter into a suit against the State of Georgia and he felt the more prudent thing
would be to wait and see if in fact that happens and if it does then the council at that time would
have to make that decision. Mayor Bacon stated he agreed with Mr. Hawkins. Mayor Bacon
called for a vote on the amended motion proposed by Mr. Lnenicka. *Amended motion failed
6-1 (Mr. Lnenicka supported the amended motion).
Mayor Bacon stated he would not be opposed to Mr. Lnenicka's amended motion to be voted
on at the November 1, 1999, council meeting. Mr. Al Cochran stated Mr. Scott Cochran has
already done some work in this area in the event this action should occur.
Mayor Bacon called for a vote on the original motion by Mr. Hawkins. Councilman Scoggins
seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed.
ADJOURNMENT
With no further business, the meeting adjourned at 6:48 p.m.
A. MAX BACON, MAYOR MEL NDA DAMERON, CITY CLERK
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CHARLENE CAPILO O, WARD 1 RON NEWCOMB, WARD 2
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JACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7