05262004 May 26, 2004 Council Meeting
May 26. 2004
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A 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 except Council Member McNabb. Also present were City Administrator
Wayne Wright, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Parks and Recreation
Director Steve Ciaccio, and Executive Assistant Susan Drinnon.
(A) Approval of Extension of HB 489 Agreement (Service Delivery Strategy) with Cobb
County
Mr. Wright stated that, based on Mr. Cochran's recommendations, the Council may wish to
adjourn into executive session to discuss the HB 489 agreement. Mr. Wright stated that
discussion of property acquisition is further grounds for a closed meeting.
Mayor Bacon recognized an unidentified person who stated he is a superintendent associated with
an electrical project at the Pet Smart store in Smyrna. The unidentified person stated a variance
is being sought for extended working hours at the Pet Smart store to complete a project in a
timely manner. Council Member Pritchett stated she will attempt to obtain additional information
regarding the request in order to review it in more detail.
MOTION: Council Member Smith made a motion to adjourn into executive session for the
purpose of discussing land acquisition and legal matters. The motion was seconded by Council
Member Scoggins. Motion was approved 6 - O. (Clerk's Note: Executive session commenced at
6:37 p.m.)
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MOTION: Council Member Newcomb made a motion to adjourn from executive session. The
motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note:
Executive session was concluded at 7:15 p.m.)
Mr. Wright stated that the existing HB 489 service delivery strategy agreement expires at the end
of this month. Mr. Wright stated that other cities in Cobb County wish to extend the agreement
for an additional thirty days to continue negotiations.
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MOTION: Council Member Wood made a motion to approve extension of the HB 489
agreement with Cobb County through July 1,2004 at 11 :59 p.m. The motion was seconded by
Council Member Newcomb. Council Member Lnenicka stated he is in opposition to extending
the HB 489 agreement. Council Member Lnenicka expressed disappointment at the lack of
progress with the County that he has observed recently. Council Member Lnenicka stated that he
and other City officials have negotiated with the County at length and in good faith, and that his
patience in this matter is reaching its limits. Council Member Lnenicka expressed the view that
HB 489 is the most unconstitutional law passed by the State Legislature during his seventeen
years as an elected official, and stated that he would not be averse to the possibility of the City of
Smyrna challenging the legality and constitutionality of HB 489. Council Member Lnenicka
stated he believes the interests of the County and the cities therein would be better served by a
return to the method of negotiations that existed before the advent of HB 489. Council Member
Scoggins stated that he personally believes that HB 489 is among the worst pieces of legislation
that has ever been ratified by the State Legislature. Council Member Scoggins stated he believes
that, based on the available information he has considered, extension of the HB 489 agreement is
the best action for the City at this time. Council Member Scoggins stated he will support this
motion. Council Member Newcomb stated that HB 489 has flaws, but the concept of
Mav 26. 2004
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compensating city taxpayers for taxes paid to counties for services they are already receiving
from their respective cities is a good idea. Council Member Newcomb stated that the County's
offer for tax equity compensation is inadequate, but may be the best offer the City will receive.
Council Member Newcomb stated that some progress has been made in negotiations with the
County in the areas ofland use and zoning. Council Member Newcomb stated that, because
water service issues are critical to the future of the City, he is persuaded that extending the HB
489 agreement in order to continue discussions with the County regarding water service matters is
worthwhile. Motion to approve the extension of the HB 489 agreement resulted in a tie vote of
3 - 3, with Council Members Lnenicka, Pritchett and Smith in opposition. Mayor Bacon voted in
favor of the measure to break the tie. Motion was approved. Council Member Pritchett
expressed the view that County officials have not acted in good faith in this matter, and stated that
thirty days have already elapsed with no serious attempt by the County to provide some type of
written agreement.
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(B) Approval of Purchase of Property
Mr. Wright stated that 2.2 acres in the area of Lake Court Park and Cindy Lane are available for
purchase. Mr. Wright stated the City has $236,600 dollars in greens pace funds which must be
spent by month's end, and an additional $73,400 from the Parks Bond Fund earmarked for this
proposed purchase. Mr. Wright stated staff recommends approval ofthis purchase.
Council Member Lnenicka stated that Council Member McNabb is away on business and unable
to attend this meeting. Council Member Lnenicka stated it is his understanding that Council
Member McNabb is in favor of acquiring the subject property.
MOTION: Council Member Lnenicka made a motion to approve the purchase of the subject
property utilizing State grant funds and City monies. The motion was seconded by Council
Member Pritchett. Motion was approved 6 - o.
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Council Member Lnenicka reminded those present that the Atlanta Vietnam Veterans Association
will dedicate a memorial on the grounds of City Hall tomorrow honor:ng Michael Robert Glenn,
a Smyrna soldier killed overseas during the Vietnam conflict.
With no further business, the meeting was adjourned at 7:27 p.m.
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Mav 26. 2004
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CHARLES PETE WOOD, WARD 7
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U AN D. HIOTT, eIT CLERK
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RON NEWCOMB, WARD 2
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MIC EL MCNABB~ nD 4
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 26th
day of May, 2004.
(2) That it is my understanding that a.c.G.A. S50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 26th of May, 2004, which was closed for the purpose(s) of discussion of legal
matters and acquisition ofprooerty as allowed by a.c.G.A., Title 50, Chapter 14, was
devoted to matters within those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
a.C.G.A. S50-14-4(b) that such an affidavit be executed.
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This 26th
day of May, 2004.
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Sworn to and subscribed before me
This 26th day of May, 2004.
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