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06072004 June 7, 2004 Council Meeting June 7.2004 - The regular scheduled 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 7:30 o'clock p.m. All council members were present. Also present were City Clerk Susan Hiott, Human Resources Director Chris Corey (as acting city administrator), Finance Director Claudia Edgar, City Attorney Scott Cochran and representatives of the press. Invocation was given by Father Brian from St. Thomas Catholic Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 5 D (Public Hearing - Special Land Use Permit Request- Flea Market - 2144 South Cobb Drive - RAM South Cobb, LLC) will be withdrawn without prejudice. CITIZENS INPUT: Mayor Bacon recognized Mr. Bill Mortin from Nalley Lexus in Smyrna. Mr. Mortin stated that opening the new Nalley Lexus store in Smyrna has been a positive experience, and he expressed appreciation to the City's officials and staff for helping to make this new store possible. Mr. Mortin thanked Council Member Pritchett for her assistance and support during this project, and stated that customer response to the new store has been very favorable. -. Mayor Bacon recognized Mr. Gordon O'Neill, and Mr. O'Neill stated he is a candidate in the upcoming election for the District 2 post of the Cobb County Board of Commissioners. Mr. O'Neill provided details of his candidacy to those present. Mayor Bacon recognized Ms. Ann Stephens, residing at 6013 Oakdale Road, and Ms. Stephens expressed concerns about construction vehicles spreading dust and mud at the construction site near the old landfill in the vicinity of her residence. Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed views about the accountability of elected officials to those present. Mr. Martin expressed concerns about incidents that have occurred at El Pastor which include a recent shooting. Mr. Martin stated it has been known since last November that there have been numerous occasions on which the City police department has responded to the El Pastor location. Mr. Martin expressed the view that EI Pastor should not have a license to sell alcoholic beverages. Mayor Bacon stated the alcoholic beverage sales license for EI Pastor is currently suspended. - Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry provided details to those present concerning a letter sent to the Georgia Department of Natural Resources (DNR) by Council Member Lnenicka. Mr. Backry expressed views about wildlife and animal control to those present. Council Member Pritchett stated there should be some balance between the needs of development and the needs of conservation. Council Member Lnenicka stated that, in response to Mr. Backry's previous request to assist the City with wildlife rehabilitation, he contacted DNR for information concerning the requirements and regulations governing persons wishing to perform wildlife rehabilitation services. Council Member Lnenicka stated that he reviewed the information furnished by DNR, and made some suggestions for possible improvements to these June 7.2004 2 regulations which were sent to DNR in a letter dated March 30. Council Member Lnenicka stated he has a copy of this letter with him to give to Mr. Backry pursuant to Mr. Backry's request. Council Member Lnenicka read a copy of his letter to DNR dated March 30, and the five recommended changes set forth in this letter, to those present. Council Member Lnenicka stated he has recently been in contact with DNR regarding this matter, and that he has been advised that DNR will be responding to his recommendations soon. Council Member Lnenicka stated he is taking these steps to help ensure the welfare of any animals which may be subject to rehabilitation or relocation. - Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed concerns to the City's officials about the effectiveness of soil erosion control and tree preservation measures at the construction site of Oakdale Estates on Oakdale Road. Mayor Bacon recognized Ms. Sam Sammon, residing at 6007 Bordeau Walk, and Ms. Sammon expressed concern about the lack of funds budgeted for use at the Campbell Middle School baseball field to those present. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND IS SUES/ZONING/ ANNEXA nON: (A) Public Hearing - Variance Request V04-015 - Reduction in Front Yard Setback - 5250 Sterling Cove Court - John Wieland Homes Mr. Corey stated John Wieland Homes has requested a variance to reduce the front yard setback for Lot 13, 5250 Sterling Cove Court, in the Vinings Estates Subdivision from 25' to 20.8.' Mr. Corey stated the front yard setback is required based upon the zoning conditions imposed by the City when the property was rezoned from R-20 to RAD Conditional. Mr. Corey stated that, according to the applicant, the variance is being requested to reduce this setback to 20.8' to accommodate a three-car garage. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Brayden Parks, and asked Mr. Parks to explain the need for the requested variance to those present. Mr. Parks stated a foundation for the subject dwelling was constructed for a three-car garage, and a subsequent review of the original plans revealed that the original footprint was for a two-car garage. Council Member Wood stated that staff recommends approval of this request, and that no adverse impact on adjoining property owners is anticipated to result from this variance. MOTION: Council Member Wood made a motion to approve Variance Request V04-015 for a reduction in front yard setback at 5250 Sterling Cove Court from 25' to 20.8' for John Wieland Homes. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - (B) Public Hearing - Variance Request V04-017 - Reduction in Front Yard Setback - 2890 Atlanta Road - Travis Pruitt and Associates, Inc. Mr. Corey stated Travis Pruitt and Associates, Inc. is requesting a variance to reduce the front yard setback for the proposed SouthTrust building from 50' to 40.' Mr. Corey stated the front - June 7, 2004 3 - yard setback is required based upon the standards associated with the General Commercial (GC) zoning category. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Travis Pruitt and Mr. George Grant. Mr. Pruitt stated the requested variance is needed to accommodate the proposed placement of the planned building on the subject property. Council Member Scoggins stated he needs to clarify some information included in the written information pertaining to this request provided by the City staff before proceeding. MOTION: Council Member Scoggins made a motion to table Variance Request V04-017 for a reduction in front yard setback at 2890 Atlanta Road until the June 21, 2004 council meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (C) Public Hearing - Variance Request V04-0 18/0 19 - Reduction in Side Yard Setback; Retention of Existing Use - 3366 Atlanta Road - Tri South Development, Inc. Mr. Corey stated Tri South Development, Inc. is proposing to invest $1.5 million to convert an existing 70 unit apartment complex into an owner-occupied condominium development. Mr. Corey stated the subject parcel is considered an existing non-conforming use per Section 1101 of the zoning code. Mr. Corey stated that to enable the applicant's capital investment to convert the units to condominiums, a variance is needed to officially reduce the side yard setback and allow the existing density (15 .59 units/acre) to remain unchanged. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Ric Hawkins, and asked Mr. Hawkins to provide details of the plans for the subject property to those present. Mr. Hawkins stated it is proposed to invest approximately $1,500,000 in the subject property to convert it into a condominium complex. Mr. Hawkins stated the planned expenditure would be for fire sprinklers, new roofing, various indoor and outdoor design elements, renovation of plumbing and electrical installations to current code standards and landscaping. Mr. Hawkins stated he expects the project to be completed within nine months. Council Member Lnenicka asked Mr. Hawkins how much the units are expected to sell for, and Mr. Hawkins stated they will sell for $140,000 to $160,000. Council Member Lnenicka read the conditions recommended by the City staff for this variance to those present: 1. The final elevations for the condominium development shall be consistent with the elevations submitted with the variance application. 2. There shall be protective covenants with a mandatory homeowners association for each unit. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 40 feet. 4. The developer shall provide an undisturbed landscape buffer with a minimum width of 20' parallel to Atlanta Road. Overstory trees (spaced one every 30') and shrubs shall be planted in the landscape buffer. - 5. The developer shall repair the existing concrete drainage flume in the northwest portion of the property and ensure water from the flume will be conveyed to the drainage area. June 7, 2004 4 Mr. Hawkins stated he is agreeable to the conditions. Council Member Lnenicka asked Mr. Hawkins to provide up-to-date information to those present concerning an adjacent vacant parcel which was previously discussed. Mr. Hawkins stated the vacant parcel is owned by another entity, and that Tri South Development (TSD) will have the option of purchasing the parcel if the current owner decides not to develop it. Council Member Newcomb asked Mr. Hawkins if TSD presently owns the complex, and Mr. Hawkins stated TSD has a contract to purchase the subject property. Council Member Lnenicka asked Mr. Hawkins what measures will be taken to control drainage on the subject property. Mr. Hawkins stated he has not been advised of any requirement by the City to change the existing drainage arrangements. Council Member Lnenicka asked Mr. Hawkins if he would be agreeable to measures which would detain at least 10% of the water runoff from a 100-year storm event on the property to reduce the possibility of flooding. Council Member Newcomb expressed reluctance to add storm water detention requirements to the variance conditions without a staff recommendation. Council Member Pritchett expressed agreement with Council Member Newcomb's views concerning additional conditions. Council Member Smith stated he is uncertain whether or not the storm water detention measures in place at the subject location are adequate, and that he asked Council Member Lnenicka to address this concern. Mayor Bacon asked Council Member Lnenicka if he is aware of any existing drainage problems in the subject area. Council Member Lnenicka stated that storm water drains westward from the subject area into Creatwood Forest and Vinings North. Council Member Lnenicka stated that Creatwood Forest is an older neighborhood with no storm water detention infrastructure. -- MOTION: Council Member Lnenicka made a motion to approve a variance request to reduce the side yard setback at Epic Manor Apartments from 35' to 20' subject to the five staff stipulations read into the record. The motion was seconded by Council Member Wood. Council Member Newcomb expressed appreciation to Mr. Hawkins for bringing this proposal before the Smyrna city council. Council Member Newcomb stated that the impact of the transiency associated with a large number of apartments on local schools has been a source of concern to the City's leadership. Council Member Newcomb stated that conversion of apartments into owner-occupied residences is what the City needs to reduce the number of apartments. Mr. Hawkins stated he is looking forward to working with the City on this project. Council Member McNabb stated he is also gratified to see plans for these apartments to be converted into owner-occupied residences. Motion was approved 7 - o. -- MOTION: Council Member Lnenicka made a motion to approve a variance request to change the status of the Epic Manor Apartments property from non-conforming use to conforming use. The motion was seconded by Council Member Newcomb. Motion was approved 7 - o. (D) Public Hearing - Special Land Use Permit Request - Flea Market - 2144 South Cobb Drive - RAM South Cobb, LLC Mayor Bacon stated this request has been withdrawn. - June 7.2004 5 PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Massage Practitioner - Pure Joy - 2580 Atlanta Road- Bethany Wood, Applicant - Mr. Corey stated Ms. Bethany P. Wood has submitted a new application to operate a day spa offering massages at her salon on Atlanta Road. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Ms. Wood, and asked Ms. Wood to provide details to those present regarding the business she proposes to operate. Ms. Wood stated that Pure Joy will be a full-service salon, with services to include manicures, facials and massage therapy. Council Member Pritchett asked Ms. Wood to be mindful of the City's ordinances and regulations governing the operation of businesses and to comply with them. MOTION: Council Member Scoggins made a motion to approve a privilege license request for massage practitioner for Pure Joy at 2580 Atlanta Road for Bethany Wood. The motion was seconded by Council Member McNabb. Motion was approved 6 - 1, with Council Member Pritchett in opposition. Mr. Wood provided copies of information regarding license fees of other local governments to the Mayor and Council Members. FORMAL BUSINESS: (A) Approval of Resolution for Extending the Emergency 911 Surcharge - Mr. Corey stated that on May 21, 2001, the Mayor and Council passed a resolution Emergency Telephone Number 911 which stated the City would collect a $1.50 monthly fee for emergency 911 service. Mr. Corey stated this fee is needed to support the enhanced 911 system. Mr. Corey stated the reaffirmation by resolution of the need to collect this fee is up for renewal. Council Member Lnenicka read Resolution No. R2004-3 Emergency 911 Telephone Service to those present. (Clerk's Note: This resolution is attached to the minutes) MOTION: Council Member Lnenicka made a motion to adopt the Resolution for 911 service as read into the record. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Approval of Renewal of Suntrust Corporate Resolution and Certificate of Incumbency for the Commercial Credit Card Account Mr. Corey stated the City corporate credit card agreement is nenewed and extended annually. MOTION: Council Member Wood made a motion to approve renewal of the Suntrust Corporate Resolution and Certificate of Incumbency for the commercial credit card account for the City of Smyrna. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (C) Appointment of Parks and Recreation Commission Member - Ward 6 Council Member Lnenicka thanked Mr. Joe Pence for his service on the Parks and Recreation Commission. Council Member Lnenicka stated Mr. Pence has relocated to another area. - June 7.2004 6 MOTION: Council Member Lnenicka made a motion to appoint Ms. Annette Bergman, residing on Ridge Road, as the Ward 6 Parks and Recreation Commission member to serve out the unexpired term ending in September, 2004. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - (D) Public Hearing - Adoption of Proposed Fiscal Year 2005 Budget Council Member Wood provided an overview of the composition of the City budget to those present. Ms. Edgar provided additional details to those present concerning the process used to arrive at the proposed budget. Council Member Wood stated there will be a public hearing on June 21, 2004 for final adoption of the proposed fiscal year 2005 budget. Council Member McNabb commended the City staff members for their assistance with formulating this budget. Council Member McNabb stated the new storm water management fee is important and that problems with excessive storm water runoff are evident in all parts of the City. Mayor Bacon stated this is a public hearing and asked for public comment. Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed concern to those present about the lack of funds budgeted for use at the Campbell Middle School baseball field. Council Member McNabb stated that the City does not own the Campbell Middle School baseball field and does not make capital improvements to that facility. Mr. Martin stated that the Campbell Middle School baseball field lacks appurtenances designed for use by handicapped persons. Mr. Martin stated that use of the field at Chuck Camp Park as an alternative is likely to result in schedule conflicts with Little League teams. Council Member McNabb stated that various options will be considered in this matter, and that he will review the alternatives with Mr. Martin before any final decision is made. - Mayor Bacon recognized Mrs. Jean Martin, residing at 3435 Lee Street, and Mrs. Martin expressed concerns to those present concerning additional expenditures budgeted for Chuck Camp Park. Mrs. Martin also expressed concerns about insurance and other expenditures shown in the draft budget. Council Member Wood stated that the budget figures reflect expenses for legal counsel and other expenses. Council Member Wood stated the budget must be organized in accordance with the chart of accounts as mandated by the State Legislature. Mrs. Martin asked if liability insurance is included in the figures, and Council Member Wood answered in the affirmative. Mrs. Martin stated that some of the fire department facilities in the City appear to be in need of renovation, and that many City fire department personne11eave for positions in other jurisdictions for better compensation. Council Member Wood provided details to those present regarding planned expenditures for public safety shown in the draft budget. Ms. Edgar stated she will be available to meet with citizens who wish to discuss the budget in greater detail. Council Member Newcomb asked Ms. Edgar if it is correct that this budget is based on an unchanged millage rate, and Ms. Edgar answered in the affirmative. Council Member Newcomb asked Ms. Edgar if it is correct that homestead exemption includes a provision for a corresponding increase in the exemption to offset any increase in the assessed value of a home, and Ms. Edgar answered in the affirmative. Council Member Pritchett pointed out to those present that the homestead exemption does not affect school taxes. Council Member McNabb stated that although City residents pay County taxes, the County does not provide assistance to the City for its library and parks. Council Member McNabb stated this is an election year, and that City residents may wish to ask County Commission candidates about their views in this matter. Council Member Lnenicka stated that roll-away curbside trash receptacles are more cost-efficient to use, and that persons wishing to utilize this system will realize some corresponding cost savings by choosing this option. Council Member Lnenicka stated the option for the below-ground trash receptacles - June 7.2004 7 will still be available, but that citizens choosing this option will have to bear some of the additional costs incurred in using this system. - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of May 17,2004 Minutes (B) Approval of May 26, 2004 Minutes (Special Called Meeting) (C) Amendment to GMA Retirement Plan- Automatic Option "A" - Death Benefit The purpose of this amendment is to add an Automatic Option A Death Benefit for all active participants (both Old Plan and New Plan) in the city of Smyrna's Retirement Plan. If approved this amendment would allow an eligible beneficiary to choose this new death benefit or the existing death benefit (whichever is greater). (D) Approval of Special Event in the Market Village on Saturday, June 19,2004 Atkins Park Tavern and the Atlanta Humane Society and "Second Chance" are requesting permission to have an acoustic guitar player perform next to the fountain at the Market Village from 3:00 p.m. to 7:30 p.m. on Saturday, June 19, 2004 to benefit a charity group named "Hair of the Dog," Expected attendance is between 200-250 guests. No street closings requested, but the fountain area is requested. - (E) Approval of Use of P & R Bond Referendum Funds for Purchase of Diving Blocks for Use at Tolleson Pool Sixteen dive blocks are needed at Tolleson pool for swim meet and competition purposes. Materials and shipping will cost $18,761.00 and will not require formal bidding. The manner of installation will permit the removal of the blocks for storage. Installation will cost $3,400.00. Approval of this expenditure is recommended. (F) Approval of Work Agreement for Pets Mart A contractor has requested permission to work at the Pets Mart store in Smyrna from Sunday, June 6 at 7:00 p.m. until Monday, June 7 at 9:00 a.m. This work will be performed indoors. (G) Approval of Amended Bond Schedule for the City Court The current court bond schedule and fine table will need revision to reflect new surcharges required by HB lEX. These revisions will take effect on June 11, 2004. Approval of the amended bond schedule and fine table is recommended. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. - June 7.2004 8 Council Member Lnenicka commented favorably about the ceremonies held during the week of Memorial Day in the City. Council Member Lnenicka expressed appreciation to the many City staff members and citizens whose efforts made these events memorable. Council Member Lnenicka expressed condolences to the family of President Reagan. - Council Member Smith stated the alcoholic beverage sales license of EI Pastor has been suspended, and that a show cause hearing for this licensee will be held in the near future. Council Member Smith stated that businesses wishing to operate in Smyrna must do so in a lawful manner. Council Member McNabb reminded everyone present that the Mike Veal Band will be performing in the Village Green this weekend. Council Member Scoggins commended Ms. Edgar for her efforts on the City budget this year. Council Member Newcomb yielded the floor with no report. Council Member Pritchett expressed appreciation to Ms. Edgar for the efforts she has made in preparing the budget this year. Council Member Pritchett stated that a new licensee was given the most recent privilege license for EI Pastor, and that the actions of the predecessor could not be taken into consideration for the new application. Council Member Pritchett stated that whenever a citizen has a question about any action taken by the City, the City's elected officials can provide them with an answer. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, and Mr. Martin stated that, in regard to the matter of EI Pastor, he did not accuse the City's officials of indifference. Mr. Martin stated he said that the City's officials erred in judgment by issuing an alcoholic beverage license to a location that had been the subject of a large number of police complaints. Council Member Pritchett stated that Mr. Martin may be of the opinion that the City's officials erred in judgment, but that the City's leadership must follow policies and procedures when granting privilege licenses. Mr. Cochran stated that no City officials will prejudge any case that comes before them before they hear the evidence of the case. Mr. Cochran stated that if there is a case in the future, nothing said at the present time is intended to prejudge what evidence may be presented in that case. Mayor Bacon stated that the legal recourses available to the City may not always be readily apparent to everyone. Mayor Bacon stated that the alcoholic beverage sales license of EI Pastor has been suspended, and that the City is acting properly in this matter. - Mayor Bacon recognized Mr. Gordon O'Neill, and Mr. O'Neill stated he appreciates and understands Council Member McNabb's comments regarding tax equity concerns relating to Cobb County. ADJOURNMENT: With no further business, the meeting adjourned at 9:33 p.m. - June 7.2004 - 0/ A. MAX BACON, MAYOR - C~~'~ - 9 ~/flLV.Ya~ U AN D. HIOTT, CIT CLERK /2.1 ~ RON NEWCOMB, WARD 2 'fY(JL1 .YYl~ ~ MICHAEL McNABB, W n . - N~ WADE S. LNENICKA, WARD 6 Resolution No. R2004-2 - CORPORATE RESOLUTION AND CERTIFICATE OF INCUMBENCY (Commercial Credit Card Account) 1, Susan D. Hiott, hereby certify that I am the City Clerk and custodian of the records of the Q!y of Smyrna, a corporation duly organized and existing under the laws of Georgia; that the following is a true and correct copy of certain resolutions duly adopted by the Board of Directors of said corporation at a meeting held on the ~day of June, 2004, at which a quorum was present; and that the following resolutions are in conformity with the charter and by-laws of said corporation and have not since been rescinded or modified. RESOL VED, that this corporation enter into a commercial credit card account relationship with SunTrust BankCard, N.A. ("Bank"); that anyone of the officers of this corporation listed below be and is hereby authorized to enter into, execute and deliver in the name of and on behalf of the corporation the agreements, documents or other instruments deemed reasonable or necessary to establish the commercial credit card account relationship with Bank; and that this corporation shall be bound by the terms and conditions of said agreements, documents or other instruments. RESOL VED FURTHER, that the corporation shall furnish to Bank a certified copy of these resolutions, which resolutions shall continue in full force and effect until written notice of the recision or modification of the same has been received by Bank, and to furnish said Bank the names and specimen signatures of the officer(s) named herein, and such persons from time to time holding the above positions. ... L hereby certify that the following are the names and specimen signatures of the officer(s) listed in the foregoing resolutions and that each presently holds the title indicated therein: Name Title A. Max Bacon Mayor :~ ~~~ .~~~~ ~j). ~ Wade S. Lllenicka Mayor Pro Tern Charles "Pete" Wood Finance & Administration Committee Chairperson Wayne P. Wright City Administrator Susan D. Hiott City Clerk IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation this ~day of June, 2004. (Corporate Seal) City of Smyrna (legal name of corporation) By:~t),~ (print name) Susan D. Hiott Title: City Clerk ... SunTrust VISA Corporate Card Maintenance Form - NAME OF COMPANY: City of Smyrna TYPE OF REQUEST: _ New Account Delete Account _ Change Existing Account # 426627450001 7258 ACCOUNT INFORMATION CHANGED: Name Address Account Code _ Monthly Credit Limit _ Single Transaction Limit L Other Annual extension CARDHOLDER INFORMA nON: Please complcte only the appropriate spaces below to indicated change(s) needed. Susan D. Hiott First Name Middle Initial Last Name - Social Security Number Account Code Unit No. 7703195303 Home Phone Number P.O. Box 1226 Business Phone Number Monthly Reconciliation Statement Address Smyrna, GA 30081 City State Zip LIMITS Single Transaction Limit Monthly Credit Limit d~uD..~-/ Employee's Signature <.Co:, - 1- CJ .y Date - (y . 0 ~ · ClJ. I &..w- \)\.....) Company Program Manager's' ignature ~- q- OY-- Date - RESOLUTION No. R2004-3 EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; - NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Passed this 7th day of June, 2004. fl A. Max Bacon, Mayor ATTEST: -