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10-15-2007 October 15, 2007 Council Meeting October 15,2007 - 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 Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor, Fire Chief Jason Lanyon and representatives of the press. Invocation was given by Pastor Jeffrey Howard from Log Cabin Community Church followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 A (Rezoning Request Z07-0 19 - R-15 to RAD Conditional - 0.616 acre tract - LL 593 - Walker Street - Brendan Crowley and Alison Vaughan) will be tabled until the November 5, 2007 meeting. MAYOR'S REPORT: Mayor Bacon recognized Principal Terry Floyd, faculty members and students from Belmont Hills Elementary School. The students presented this month's character education program. Mayor Bacon commended the students and thanked them for attending. - Mayor Bacon recognized Mr. Don Whitney representing the U.S. 10K Classic, and Mr. Whitney thanked the present officials for the excellent work done by the City's public safety personnel which helps make this annual event a success. Mr. Whitney presented the attending officials with a plaque commemorating the event. Mayor Bacon commented favorably about the event, and thanked Mr. Whitney for his efforts on behalf of the community. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Rezoning Request Z07-019 - R-15 to RAD Conditional - 0.616 acre tract - LL 593 - Walker Street - Brendan Crowley and Alison Vaughan Mayor Bacon asked ifthere is anyone present in connection with this matter, and there was no response. MOTION: Council Member Wood made a motion to table Rezoning Request Z07-0 19 from R- 15 to RAD Conditional for a 0.616 acre tract in Land Lot 593 on Walker Street for Brendan Crowley and Alison Vaughan until the November 5, 2007 meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. - October 15.2007 2 FORMAL BUSINESS: (A) Public Hearing - Approval of Resolution for imposing emergency 911 fees for Voice Over Internet Protocol (VOIP) telephone service - Mr. Wright stated this measure will allow the City to collect the same 911 fee from VOIP telephone customers that is currently collected from other telephone service subscribers. Council Member Wood read Resolution #R2007-6 to those present. MOTION: Council Member Wood made a motion to approve a Resolution for imposing emergency 911 fees for Voice Over Internet Protocol (VOIP) telephone service. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) (B) (C) (D) (E) (F) (G) Approval of October 1, 2007 minutes Approval of use of Council Chambers for a meeting ofthe Smyrna Heights neighborhood association on Thursday, November 15,2007 from 6:30 p.m. to 8:30 p.m. Approval of use of Council Chambers, October 21, 2007, Sunday, 3 :00 p.m. - 6:00 p.m. for the public input hearing for Master Planning of future North Cooper Lake Road Park Approval for Atkins Park Smyrna Hops and Barley Beer Tasting, Saturday, November 3, 2007 from 1 :00 until 6:00 PM Award Bid # 8-004 for Glenroy Drive Paving to C.W. Mathews Contracting Co. for $31,502.40 and authorize the Mayor to execute any associated contract documents Approval of road closure, Concord Approach Way, 7:00 - 10:00 p.m., October 31,2007 for children's Halloween party Approval for "Smyrna's Got Talent" talent show Sunday, November 18, 2007 in the Market Village - MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 4 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning recent Public Works Department projects. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present regarding upcoming KSB activities. Ms. Kirk stated information for rain barrel installation is available on the City website for those who wish to implement this water conservation measure. Mayor Bacon commented on the seriousness of the present drought conditions throughout Georgia. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning City building statistics. -- October 15,2007 3 ... Council Member Newcomb commended Mr. Stokes for the compliments he has heard from citizens regarding the efficient and conscientious manner in which the City's sanitation staff carry out their duties. Council Member Newcomb stated he hopes that an effective means of recycling glass can be found and implemented by the Public Works Department. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning advance voting and absentee voting for the upcoming elections. Ms. Hiott urged everyone to turn out at the appointed time to exercise their right to vote. Ms. Hiott reminded everyone that Smyrna voting precinct 2A is now at Smyrna Fire Station 3 and that 7C is now at Griffin Middle School. Ms. Hiott provided details to those present concerning recent court services operations. Ms. Hiott provided details to those present concerning a recent meeting the City court services staff had with representatives ofU. S. Immigration and Customs Enforcement (ICE), Mayor Bacon, Mr. Cochran, Judge Curtis and City law enforcement personnel. Council Member McNabb recognized Mr. Ciaccio, who provided details to those present concerning upcoming public information meetings pertaining to parks projects and Parks and Recreation Department events. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning recent use statistics as well as current and upcoming programs and events for the City Library. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the first meeting of the Artists Business Association to be held tomorrow night. Ms. Bennett provided details to those present concerning upcoming City events. - Council Member McNabb expressed condolences to the friends and relatives of Mr. Jack Sutton who recently passed away. Council Member McNabb commented favorably about the late Mr. Sutton's commitment to the community and his dedication to public service. Council Member Smith recognized Mr. Corey, who provided details to those present regarding positions for which the City is presently recruiting. Mr. Corey stated that Mayor Bacon and Mr. Wright will recognize the recipients of the City's Public Service Award at a luncheon on October 31. Mr. Corey stated October is Breast Cancer Awareness Month and that the Human Resources Department will be collecting donations for the American Cancer Society. Mr. Corey stated City employees will also be participating in the Making Strides for Breast Cancer 5K walk on October 27. Council Member Smith reminded everyone that they will need to adjust their clocks soon for daylight savings time and that this is a good time to check smoke detector batteries. Council Member Lnenicka stated Chief Hook and Chief Lanyon have no reports this evening. Council Member Lnenicka provided details to those present regarding a meeting he attended last week with the principal of Campbell Middle School (CMS) and a number of concerned members of the community regarding possible establishment of an after school program at CMS. Council Member Lnenicka stated such a program could benefit students in a variety of ways, and that another meeting is planned to help enlist the aid of volunteers to assist with such a program. - October 15. 2007 4 Council Member Wood recognized Mr. Boyd, who provided details to those present concerning a note an individual wrote to City Property Tax Specialist Diane Davis expressing her appreciation for Ms. Davis' courteous, professional service in connection with a property tax matter. Mr. Boyd provided details to those present concerning an upcoming rollback in the City property tax millage rate. Mr. Boyd stated new growth in Smyrna helps enable the City's leadership to provide tax reductions of this type. Mr. Boyd stated a number of water ban violation notices have been issued by the City including several which have resulted in fines. Mr. Boyd stated the City police department and code enforcement are assisting the Water Department with monitoring compliance with outdoor water use restrictions. - CITIZENS INPUT: Mayor Bacon recognized Ms. Mary Kirkendoll, and Ms. Kirkendoll provided details to those present concerning the time she has resided in the County. Ms. Kirkendoll provided details to those present concerning incidents near her former residence which involved Mexican drug cartels and various code violations. Ms. Kirkendoll stated she is not certain she has made the right decision by moving to Smyrna, but expressed the view that there is hope for the City. Ms. Kirkendoll expressed the view that the issues she believes are in need of addressing are being ignored by the City's leadership. Ms. Kirkendoll provided details to those present concerning cooperation between jurisdictions and the benefits she believes can be realized through such arrangements. Ms. Kirkendoll expressed the view that there are thousands of houses in and around the City which are filled with illegal immigrant alien workers. Ms. Kirkendoll provided details to those present regarding a book or article which she believes everyone should read. Ms. Kirkendoll provided details to those present concerning what she believes are benefits ofthe 287G program. Mayor Bacon recognized Ms. Nancy Hamilton, owner of the Great Frame Up in the Market Village, and Ms. Hamilton expressed concern about street closings at the front of the Market Village during certain events. Ms. Hamilton stated her business depends on walk-in customers, and that interference with access negatively impacts her store. Ms. Hamilton requested that the City's leadership be more flexible and sensitive in regard to the businesses in the Market Village which need walk-in traffic. - Mayor Bacon recognized Mr. Colin Hammond, owner ofItalio's Gelato and Cafe at the Market Village, and Mr. Hammond expressed concern about closings of streets and sidewalks at the Market Village during certain events. Mr. Hammond asked that this matter be examined by the City's leadership. Mr. Hammond stated that interference with access negatively impacts his business. Mayor Bacon stated a lawsuit filed against the City by the Cobb County Board of Education was dismissed last week. Mayor Bacon stated the City provides information requested by persons and organizations and that withholding any information is not an option available to the City. Mayor Bacon stated this was the first time the City was ever sued in connection with records which did not exist. Mayor Bacon stated he is looking forward to many positive developments in Smyrna. ADJOURNMENT: With no further business, the meeting was adjourned at 8:40 p.m. - October 15.2007 5 - - d~ ~ uJorJ: CHARLES PETE WOOD, WARD 7 - ~~..,# A~ RON NEWCOMB, WARD 2 !/l~A~ v~ WADE S. LNENICKA, WARD 6 Resolution #R2007-6 A RESOLUTION IMPOSING A 9-1-1 CHARGE ON VOICE OVER INTERNET PROTOCOL (VOIP) CONNECTIONS WITHIN THE CITY OF SMYRNA~ GEORGIA. - WHEREAS, the City Council of the City of Smyrna provide Enhanced 9-1-1 services for the citizens of the City of Smyrna; and, WHEREAS, the City Council of the City of Smyrna, Georgia have adopted a resolution(s) imposing 9-1-1 charges on landline and wireless telecommunications with billing addresses within the City of Smyrna, Georgia; and, WHEREAS Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated authorizes local governments to impose a 9-1-1 charge for upon each wireless VOIP connection subscribed to by subscribers whose billing address is within the jurisdiction of the local government; and, WHEREAS, under the provisions of such law a charge for VOIP Service may be imposed at a rate of up to $1.50 per month per wireless connection; and, WHEREAS, a public hearing was held on October 15,2007 on the question of imposing the VoIP 9-1-1 charges effective on March 1,2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SMYRNA, GEORGIA HEREBY RESOLVES that the resolution be adopted to impose the 9-1-1 charge upon each Voice Over Internet Protocol telecommunications connection subscribed to by subscribers whose _ billing address is within the jurisdiction of the City of Smyrna, Georgia at the rate of $1.50 per month per V oIP connection provided to each telephone subscriber. BE IT FURTHER RESOLVED that said VOIP charge shall be imposed beginning March 1, 2008. BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to each VOIP service supplier providing services in the City of Smyrna, Georgia. ATTEST: ~~J~ Susan D. Hiott, City Clerk -