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08-06-2007 August 6, 2007 Council Meeting August 6, 2007 - 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, City Attorney Scott Cochran, Community Development Director Ken Suddreth, City Administrator Wayne Wright, Planner Rusty Martin, Keep Smyrna Beautiful Director Ann Kirk, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Pastor Pete Hixon from Vinings Lake Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 6 E (Public Hearing- Approval of the resolution authorizing the adoption of the City of Smyrna 2005 - 2030 Comprehensive Plan) will be tabled until the August 20, 2007 meeting. MAYOR'S REPORT: Mayor Bacon recognized Ms. Kirk, and Ms. Kirk stated Keep Smyrna Beautiful Commission member Sandi Sands has represented the City with distinction on this board since 1994. Ms. Sands stated she has enjoyed being an associate of KSB and that she strongly advocates environmental conservation. Ms. Kirk presented Ms. Sands with a glass jonquil as a token of the City's appreciation for her service to the community. - Mayor Bacon recognized Messrs. Steve Ewing and Mike Barlow of Wade Ford and Mayor Bacon provided details to those present concerning this local Ford dealership. Council Member McNabb stated Wade Ford recently received the Ford Motor Company's President's Award for outstanding sales and service. Council Member McNabb presented Messrs. Ewing and Barlow an award in recognition of Wade Ford's accomplishments and contributions to the community. Mr. Ewing thanked the present officials for the recognition and commented favorably about Smyrna. Mr. Barlow thanked everyone for their continued support. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Approval of extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts I and 2 Mr. Wright stated the moratorium needs to remain in effect while design standards are updated for the affected districts. Mr. Wright stated staff recommends extension of the moratorium. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2. The motion was seconded by Council Member Pritchett. Motion was approved 7 -0. - August 6. 2007 2 PRIVILEGE LICENSE: There were none. - FORMAL BUSINESS: (A) Approve authorization for the Mayor to execute agreement for the acceptance of tree grant funds Mr. Wright stated the City tree board has been awarded a grant of $10,000 from the 2007 Urban and Community Forestry Grant Program in order to conduct a tree inventory. Mr. Wright stated the City will provide matching funds as required, and that staff recommends approval of acceptance. Council Member Pritchett read a letter to those present from the Georgia Forestry Commission addressed to Mr. Suddreth concerning the application process for this grant. MOTION: Council Member Pritchett made a motion to approve authorization for the Mayor to execute the agreement for the acceptance of tree grant funds. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Approval of adoption of the 2007 millage rate Mr. Wright stated the proposed 2007 millage rate for the City is 8.99 which is lower than last year's rate of9.17. Mr. Wright stated that there is no net tax increase so no advertising requirements apply. Mr. Wright stated staff recommends approval ofthe proposed 2007 millage rate. - Council Member Wood stated that every year since 1991 the City's millage rate has been either reduced or left unchanged. MOTION: Council Member Wood made a motion to approve adoption of the 2007 millage rate of 8.99 mils. The motion was seconded by Council Member Lnenicka. Council Member Newcomb stated he is proud ofthe council's record of consistently lowering the City's millage rate. Council Member Lnenicka stated this council has an enviable record of lowering the millage rate and that it is appropriate to share the benefit of growth in this community with all the residents of Smyrna. Council Member Lnenicka stated he believes the City staff has helped make this lower rate possible by controlling expenditures. Council Member McNabb provided details to those present concerning House Resolution 900 sponsored by Representative Glenn Richardson which, if ultimately approved by Georgia voters, would fundamentally change the way taxes are collected and distributed in Georgia. Council Member McNabb expressed the view that relinquishing local control of taxes as this bill provides for is not likely to be in the best interests of citizens and encouraged everyone to carefully and cautiously consider this proposal. Council Member McNabb stated he is proud to support the City's millage rate reduction. Council Member Scoggins stated reduction of the millage rate is not an accident and that good steward- ship of public resources requires commitment. Council Member Scoggins commended the City's leadership for their efforts to control spending. Council Member Pritchett stated the budget process is lengthy and often difficult, and that the council members are genuinely concerned about taxes and services provided to the citizens. Motion was approved 7 - O. - August 6. 2007 3 (C) Public hearing - Charter amendment for salary increase for City officials and approval Ordinance 2007-10 final vote .. Mr. Wright stated this is the second public hearing for a Charter amendment being considered to increase salaries for the City officials elected during November ofthis year with terms commencing in January of next year. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood provided additional details to those present concerning the proposed Charter amendment. MOTION: Council Member Wood made a motion to approve a Charter amendment for a salary increase for City officials (Ordinance 2007-10). The motion was seconded by Council Member Lnenicka. Motion was approved 6 - I, with Council Member Newcomb in opposition. (D) Approval of Ordinance #2007-11, amending Section 38-2 of Smyrna Code of Ordinances, Notice of Candidacy during qualifYing period Mr. Wright stated this measure will correct references in Section 38-2 to reflect current State statutes. - MOTION: Council Member Wood made a motion to approve Ordinance #2007-11 amending Section 38-2 of the Smyrna Code of Ordinances, Notice of Candidacy during qualifYing period. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka stated the City ordinance is being upgraded to comply with current State law. Council Member Lnenicka stated the official qualifYing dates for City elections will be August 27,28 and 29 of the present year. Motion was approved 7 - O. (E) Public Hearing- Approval of the resolution authorizing the adoption of the City of Smyrna 2005 - 2030 Comprehensive Plan Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to table approval of the resolution authorizing the adoption of the City of Smyrna 2005 - 2030 Comprehensive Plan until the August 20,2007 meeting. The motion was seconded by Council Member Pritchett. Motion to table was approved 7 - O. (F) Public Hearing - Polling Places for November 6, 2007 General Election Mr. Wright provided details to those present concerning the locations for polling places for the upcoming election. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - MOTION: Council Member Wood made a motion to approve polling places for the November 6, 2007 General Election. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka stated the locations of polling places are influenced by State, County and other jurisdictional boundaries. Council Member Lnenicka urged citizens to ask their elected representatives to examine this matter to consider solutions which would more economically August 6, 2007 4 utilize public resources used for elections. Council Member Newcomb provided additional details to those present regarding polling places for Ward 2. Motion was approved 7 - O. (G) Approval for the re-certification of the Service Delivery Strategy - Mr. Wright stated the Service Delivery Strategy is an agreement between local jurisdictions in which guidelines are set forth regulating terms and conditions of delivery of services. Mr. Wright stated the County Commissioners approved the updated strategy in July of the present year. Mr. Wright stated staff recommends approval of the re-certification of the Service Delivery Strategy. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided additional details to those present concerning the measure under consideration. Council Member Newcomb stated he would like to reexamine the Service Delivery Strategy agreement at some point. MOTION: Council Member Newcomb made a motion to approve re-certification of the Service Delivery Strategy as submitted. The motion was seconded by Council Member Pritchett. Council Member Lnenicka stated he will not support this motion. Council Member Lnenicka stated when the Service Delivery Strategy was originally adopted he voted against it. Council Member Lnenicka stated there were some unfair aspects of the agreement at the time it was negotiated, and that he has concerns about the possibility of double-taxation of some citizens. Mayor Bacon stated that if this measure is not approved, the City's eligibility for certain funding could be jeopardized. Mayor Bacon stated he also has concerns about double-taxation of some citizens, but the absence of an agreement could result in a disservice to the City's residents. Council Member Newcomb stated he believes this matter should be afforded further consideration at some point. Motion was approved 6 - 1, with Council Member Lnenicka in opposition. - (H) Reappointment of member to the Parks and Recreation Commission - Ward I MOTION: Council Member Pritchett made a motion to reappoint Adam Pickard as Ward 1 representative to the Parks and Recreation Commission with a term to end in January of 2008. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (I) Appointment of member to the Keep Smyrna Beautiful Commission MOTION: Council Member Scoggins made a motion to appoint Betty Williams, residing at 1986 Turpin Road, as Ward 3 representative to the Keep Smyrna Beautiful Commission with a term to end on December 31, 2007. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) (B) Approval of July 16, 2007 minutes Approval of Joint Event: 2007 Pigskin Palooza and Spice of Life -"SpiceAPalooza" - Saturday, September 15, 2007 $25,000 Local Assistance Grant for Taylor Brawner House - (C) August 6,2007 5 - (F) (G) City of Smyrna 2008 Community Event Dates Radio station QlOO "Smyrnabration" with Atkins Park Tavern and Vintage Tavern/Zucca - Saturday, September 22,2007. Approval to submit application for a Justice Assistance Grant (JAG) Approval of authorization to reject all bids received for bid #IFB 7034 for Oakdale Road park improvements (D) (E) MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated a rezoning request for a particular property in Ward 1 for construction of a storage facility has been withdrawn. Council Member Pritchett thanked everyone for their interest in this rezoning. Council Member Newcomb commended Mr. Wiggins for the efforts he has made to enforce the City's ordinances. Council Member Scoggins recognized Ms. Hiott, who had no report. - Council Member McNabb provided details to those present concerning the opening of a new charter school in the area. Council Member McNabb stated he is not happy with the City's relationship with the County, and provided details to those present concerning what he believes to be deficiencies in the way the County has communicated with the City concerning the Macland Road Connector. Council Member Smith thanked everyone for attending the recent City Birthday Celebration. Council Member Lnenicka expressed condolences to the family and friends of William David McNull, Jr. who recently passed away. Council Member Lnenicka commented favorably about the recent City Birthday Celebration. Council Member Lnenicka expressed concerns about the Macland Road Connector. Council Member Wood commented favorably about the recent City Birthday Celebration. Mayor Bacon provided additional details to those present concerning the Macland Road Connector. Mayor Bacon thanked everyone for attending the recent City Birthday Celebration. CITIZENS INPUT: Mayor Bacon recognized Mr. Joe Adams, residing at 1180 Fleming Street, and Mr. Adams provided details to those present concerning problems he has been experiencing with construction near his residence. Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 1078 Oakview, and Ms. Kirkendoll provided details to those present concerning various deficiencies she believes exist in the City, including local code violations, iIlegal immigration and drug cartels. Council Member Pritchett asked that, in the future, Ms. Kirkendoll meet with City officials and obtain all the facts before ... August 6, 2007 6 coming to a public meeting and making statements to the effect that the City is in state of decline. ADJOURNMENT: - With no further business, the meeting was adjourned at 9:00 p.m. A. MAX BACON, MAYOR ~d~ ILL SCOGGINS, W 3 ~~~ t<J~ CHARLES PETE WOOD, WARD 7 '0.~hr RON NEWCOMB, WARD 2 cJJ- - - ORDINANCE 2007-11 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA BE AMENDED BY REPEALING SECTION 38-2 IN ITS ENTIRITY AND REPLACING SAID SECTION WITH REVAMPED BODY, SETTING QUALIFYING PERIODS IN ACCORDANCE TO OFFICIAL CODE OF GEORGIA. Be it ordained by the Mayor and Council of the City of Smyrna, Georgia: That the Code of Ordinances of the City of Smyrna, Georgia be amended by deleting Section 38-2 in its entirety and replacing with the following: Each candidate for municipal office shall file a notice of candidacy during qualifying period in accordance to O.C.G.A. 21-2-132 as amended. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - Approved by Mayor and Conncil tbis 6tb day of A/~ ~ Attest: A. Max Bacon, Mayor 'G>~aUD.~ Susan D. Hiott, City Clerk City of Smyrna AP.,J~oved a form: J) I cott A. Cochran, City Attorney - ORDINANCE 2007-10 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CHARTER OF THE CITY OF SMYRNA, GEORGIA BE AMENDED BY REVISING SECTION 6(b) TO REFLECT SALARY CHANGES FOR CITY ELECTED OFFICIALS Be it ordained by the Mayor and Council of the City of Smyrna, Georgia: That the Charter of the City of Smyrna, Georgia be amended by revising Section 6 (b) to read as follows: "Sec. 6 (b) Salaries of mayor and councilmen; salaries of other city officials and employees. Effective January 7, 2008, the mayor of the City of Smyrna shall be paid a salary of one thousand eight hundred ($1800) per month, and each councilman of the said city shall be paid a salary of one thousand three hundred fifty ($1350) per month. Thereafter, the salaries of the Mayor shall be increased by one hundred dollars ($100) and seven (7) councilmen seventy-five dollars ($75) per month each year, effective the first Monday of January each year through the term of office ending December 31, 2011. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the City of Smyrna." - All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Conncil tbis 6th day of /~~ .. Attest: A. Max Bacon, Mayor ~~D,7:~ Susan D. Hiott, City Clerk City of Smyrna ~. - Scott A. Cochran, City Attorney -