12-03-2007 December 3, 2007 Council Meeting
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December 3,2007
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 Deputy City Clerk Lee Miller, City Attorney
Scott Cochran, City Administrator Wayne Wright, City Clerk Susan Hiott, Administrative
Assistant Rosemary Rivera and representatives of the press.
Invocation was given by Pastor Stewart Greene of Smyrna First Methodist Church, followed by
the pledge to the flag.
AGENDA CHANGES:
There were none.
MA YOR'S REPORT:
Mayor Bacon commented favorably on this evening's Mayor's Education Awards ceremony.
LAND ISSUES/ZONINGS/ ANNEXA TIONS:
(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 1 and 2
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Mr. Wright stated the purpose of this moratorium is to allow time for staff to revise the
Downtown Design District guidelines to provide potential developers with more design guidance
in the subject areas of the City. Mr. Wright stated staff recommends approval of an
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 McNabb. Motion was approved 7 - O.
(B) Public Hearing- Variance Request V07- 061 - Reduction of Front Setback - 2781 Stone
Creek Road
Mayor Bacon asked if there is anyone present in connection with this matter and there
was no response.
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MOTION: Council Member Smith made a motion to table Variance Request V07- 061 for
reduction of front setback at 2781 Stone Creek Road until the January 7, 2008 meeting. The
motion was seconded by Council Member Wood. Motion to table the measure was approved
7 -0.
December 3. 2007
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PRIVILEGE LICENSE:
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There were none.
FORMAL BUSINESS:
(A) Extend agreement with Waste Management for commercial sanitation collection from
January 2008 through December 2009
Mr. Wright stated this proposal calls for extension of the existing contract with Waste
Management for commercial sanitation collection for two years at the existing price with a fuel
surcharge not to exceed 6% for the two-year contract period. Mr. Wright stated staff
recommends approval of this contract extension.
MOTION: Council Member Wood made a motion to approve extension of the agreement with
Waste Management for commercial sanitation collection from January 2008 through December
2009. The motion was seconded by Council Member Smith. Council Member McNabb asked if
it is correct if the fuel surcharge will not exceed 6%. Council Member Wood stated that, if
applied, the fuel surcharge will not exceed 6%. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
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(A) Approval of November 19,2007 minutes
(B) Approval of Department of Transportation List of Roadways (List Number 11-2007-
for the use of speed detection devices for the City of Smyrna
(C) City of Smyrna Drought Response Plan
(D) Approval to surplus 800 mhz police radio equipment and accessories
(E) Resolution #2007-07 - Authorize the Parks and Recreation Department to submit an
application to the State for a Recreational Trails Program Grant
MOTION: Council Member Wood made a motion to approve the consent agenda. The
motion was seconded by Council Member Smith. Council Member Newcomb asked if it is
correct that the drought plan will not contain a tiered rate structure for residential customers,
and Mr. Wright answered in the affirmative. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett thanked Renee Castillo and Lee Miller for their assistance with the
Christmas decorations in the council chambers. Council Member Pritchett commented favorably
about the recent Christmas tree lighting event in the downtown area, and reminded everyone that
there will be a fireworks display there on New Year's Eve.
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December 3,2007
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Council Member Newcomb commented favorably on this evening's Mayor's Education Awards
ceremony.
Council Member Scoggins yielded the floor.
Council Member McNabb commented favorably about the recent Christmas tree lighting event in
the downtown area.
Council Member Smith stated he will not be present for the next meeting, and wished everyone a
happy holiday season. Council Member Smith commented favorably on this evening's Mayor's
Education Awards ceremony.
Council Member Lnenicka yielded the floor.
Council Member Wood wished everyone a happy holiday season.
Mr. Wright stated the approval of Department of Transportation List of Roadways (List Number
11-2007- for the use of speed detection devices for the City of Smyrna) involved lowering the
speed limit on one section of road near Spring Street from Atlanta Road to East Anderson Circle.
CITIZENS INPUT:
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Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
provided details to those present concerning articles which recently appeared in the Marietta
Daily Journal regarding the citizens' comment segment of public meetings. Mr. Backry
furnished photocopies of the articles to the present officials. Mr. Backry expressed the view that
the City should have public comments at the outset of the meetings. Mr. Backry expressed
disappointment at the level of voter turnout at the last City election.
Mayor Bacon stated that being re-elected with 88% of the vote is a strong indication that an
elected official is doing the right thing. Mayor Bacon stated he did not unilaterally approve the
present policy for public comments. Mayor Bacon stated the present policy for public comments
was approved by all the City's officials. Mayor Bacon stated that, although some people have
requested that the citizens' comment segment of the agenda be restored to its place at the
beginning of each meeting, the limited nature of this interest does not amount to a mandate.
Mayor Bacon stated that many aspects of City business require a public hearing, and that many
meetings have been unduly delayed when citizens' input occurred at the outset of meetings.
Mayor Bacon stated that many of the comments citizens make pertain to matters which could be
addressed through other means. Mayor Bacon speculated that many of these comments would
not come before the city council ifthese proceedings were not televised. Mayor Bacon stated
citizens' input will remain at the end of council meetings.
Mayor Bacon commented favorably about the Mayor's Education Awards ceremony and
identified the students who received these awards. Mayor Bacon commented favorably about the
contributions made to the community by the Smyrna Optimists Club. Mayor Bacon thanked
Rosemary Rivera for her efforts in helping to organize the Mayor's Education Awards event this
evening. Mayor Bacon wished everyone a happy holiday season.
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December 3. 2007
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:00 p.m.
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A. MAX BACON, MAYOR
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SUSAN D. HIOTT, CITY CLERK
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r BILL S OG6INS 3
JIMMY D. SMITH, WARD 5
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CHARLES PETE WOOD, WARD 7'
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RESOLUTION No. 2007-07
A Resolution by the Mayor and Council of the City of Smyrna, Georgia, authorizing
the Parks and Recreation Department to submit an application to the State of
Georgia for a Georgia Recreational Trails Program Grant.
Whereas: The Georgia Department of Natural Resources is the agency designated to
administer the Recreational Trails Program (RTP) on behalf of the U.S.
Department of Transportation through the Federal Highway
Administration. The purpose of the program is to provide and maintain
recreational trails and trails related facilities that further a specific goal
of the Statewide Comprehensive Recreation Plan (SCORP).
Whereas: The Parks and Recreation Department has prepared a RTP grant
application to fund the development of trailside facilities and trail linkage
during the construction of a new trail facilitating access and use by
persons with disabilities. The trail will be located at the North Cooper
Lake Road property planned for public park development in 2008.
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Whereas: The total estimated budget for a disabled access trail loop and associated
furnishings is $62,000.00 of which 80% or $49,600.00 is reimbursed from
the RTP. The remainder of the costs would be funded by the City of
Smyrna.
Therefore: Be it hereby resolved by Mayor and City Council of the City of Smyrna,
Georgia that the Parks and Recreation Director is authorized to proceed
with the submission of said grant application.
IN WITNESS THEREOF, this Resolution has been duly ado~ted by the
governing authority of the City of Smyrna, Georgia on the 3r day of
December, 2007.
A. Max Bacon, Mayor
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December 3, 2007 consent agenda "C"
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City of Smyrna Drou2;ht Response Plan
Beginning in 2006 the City of Smyrna began a water loss management program intended to
reduce water loss wherever possible throughout Smyrna's water system. This included the
utilization of leak detection services in areas of suspected leaks, metering of various parks and an
active meter replacement and rebuilding program. In addition to these efforts, on October 23,
2007, Governor Sonny Perdue mandated that water use in North Georgia be reduced to a level
equivalent to 90% of the average use for the months of December 2006 through March 2007.
As Smyrna recognizes the need during this historic drought to preserve our water resources,
several actions have been taken by City departments including limitations on fire flow testing,
total ban on outdoor irrigation, and turning off public fountains. Smyrna will also examine water
use within City buildings to determine potential savings.
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The following represents a Drought Response Plan to serve as the basis for Smyrna's efforts to
comply with the Governor's recent mandate. As the current drought is a changing situation and
the seasons greatly impact water use and commercial needs, Smyrna will revisit the existing
Drought Plan in early spring or as deemed necessary due to additional state direction or other
changing conditions.
Residential Customers
1. A new toilet rebate program will be initiated retroactive to the Level 4 declaration of
September 20,2007 with an annual limit of$30,000.
2. With respect to outdoor water allowance beyond Level 4 please see the comments
regarding landscapers and pressure washing below.
Landscapers
1. An exemption is allowed for new landscape installations (including aeration and over
seeding) performed by licensed landscapers. These may be watered for 15 days
following installation. Homeowners may water between the hours of Midnight and 10
AM and licensed landscapers may water when they are on site during this period.
2. New home construction will have 15 days to water newly installed landscape, for the
purpose of erosion and sedimentation control. A builder may choose to heavily mulch a
property instead until water conditions improve.
Car Washes and Car Detailine: Businesses
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1. Car washing of new and used vehicles at car lots is prohibited, unless they have a car
wash operating with a water recycling system.
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December 3, 2007 consent agenda "C"
City ofSmvrna Drou!!ht ReSI)OnSC Plan (cont.)
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2. Car washes operating with a water recycling system will be exempt from the 90%
surcharge applied to commercial customers.
Service Leaks
1. The Smyrna water system currently leaves a door hanger at any address where a leak is
detected. Language will be added to let customers know the leak must be repaired within
10 days or water service may be disrupted.
2. For any leak exceeding 1.0 gallon per minute water service will be terminated until the
leak is repaired.
Pressure Washine of Par kine lots and Commercial Buildines
1. Pressure washing of parking lots is prohibited.
2. Pressure washing of commercial buildings for beautification is prohibited.
3. Pressure washing will be allowed for health and safety.
4. Pressure washing will be allowed when required prior to a procedure such as painting.
Rainwater Storaee Systems
The city encourages conservation through the use of rainwater collection systems. Citizens are
encouraged to purchase rainwater storage systems (barrels) through local hardware retailers for
home use. Smyrna citizens needing assistance with assembly of a storage system can bring the
equipment to the Smyrna Public Works department (24 hour turn around time on assembly). The
Public Works department is located at 2190 Atlanta Road or call 678-631-5433.
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Termination ofDroueht Plan
This plan will terminate automatically when the State of Georgia ends the level 4 plan
restrictions.
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December 3, 2007 consent agenda "C"
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Frequently Asked Questions about Smyrna's Toilet Rebate Program
1. Is every customer eligible for the program?
This program is available for Smyrna water system customers whose homes were
completed before 1993. The goal of the program is to retrofit such homes with
low flow fixtures. Homes constructed during 1993 and after already have low
flow toilets because the Federal Energy Policy Act of 1992 mandated low flow
fixtures in all homes.
2. Do I have to be a Smyrna Water System customer to take advantage of this
program?
Yes. In order to qualify for this program you must be a customer of Smyrna Water
System.
3. How do I participate in the program?
Eligible customers can download the lists of approved toilets and the application
from our website www.smyrnacity.com or receive the information by contacting
the water utility department at 770-319-5338. After purchasing the toilet and
having it installed, the customer must complete the application and send it, along
with the original receipt, to the utility department at 2800 King Street, Smyrna,
GA 30080. The application will be reviewed, and provided funding is still
available for the program, a credit will be issued on the customer's water bill.
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4. Will I automatically get my credit?
The toilet rebate program has a designated annual budget. Customers are advised
to check with the utility department to see if funds are available. The utility
department cannot guarantee funds will be available when your application is
received.
5. Why were the toilets on the list chosen?
The toilets on the $50.00 rebate list were chosen because they met a minimum
performance standard on the national Maximum Performance Testing. They also
received the designation of water savings sustainability.
6. What is a WaterSense High Efficiency Toilet?
These toilets are eligible for a $100.00 rebate. WaterSense is the Environmental
Protection Agency's new labeling program for water efficiency, modeled after the
Energy Star labeling program. The WaterSense labeled toilets only use an
average of 1.28 gallons of water per flush and have passed rigorous testing
standards.
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7. Why do the lists have tanks and bowls listed separately?
Most toilets are sold in two pieces. Be sure to get both a tank and bowl that are
listed together on the toilet lists. A representative at the retailer should be able to
assist you with this. Make sure and bring the lists with you to the retailer.
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December 3, 2007 consent agenda "C"
8. Do I have to buy the toilet at a particular store?
No. As long as the toilet is on the list, a customer can buy it from any retailer,
even online, but we do need the original invoice sent in with the application. The
Smyrna utility department advises customers keep a copy of the receipt for their
records.
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9. Is there anything else I need to buy with the toilet?
It may be possible that a new wax ring or additional bolts may be needed when
purchasing the toilet. Please work with your retailer or plumber to ensure you
have all the equipment you need to have a working toilet.
10. I have more than one toilet. Can I receive a credit for more than one toilet?
Yes. The Smyrna utility department realizes many homes in the city have more
than one bathroom. The program is not limited to a specific number of toilets per
household.
11. Do I have to hire someone to install the toilet?
No. The decision on installation is up to the individual customer.
12. Are all of these toilets available at all retailers?
Probably not. The Cobb County Water System has informed local retailers about
the program and encouraged them to carry stock. No retailer will have every
toilet, but approved toilets are available locally.
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13. Can businesses qualify for this program?
This program is for residential customers only.
Smvrna Toilet Retrofit Program
Rebate Program - Handled as a credit on the customer's water bill.
Amount - $50.001$100.00 Toilet rebate breakdown of $50.00 rebate for approved 1.6
GPF toilets and $100.00 Rebate for WaterSense Labeled High Efficiency Toilets.
Dedicated Annual Funding - Maximum $30,000.00/yr - First come first serve basis.
Once the money is gone for the year it is gone.
Qualifying Toilets - $50.00 Rebate - Cobb County created a list of qualifying toilets; it
is available manually and on the Smyrna website. Those lists were provided to local
retailers as well. Smyrna will only rebate the installation of these toilets.
$100 Rebate - Toilets tested and independently certified as WaterSense, by the EP A
labeling process, list available manually and online. Smyrna will only rebate the
installation of these toilets.
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December 3, 2007 consent agenda "COO
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Proof of Installation - Original purchase receipt, if installed by a plumber, the original
plumbing installation receipt.
Administration - Program will be administered by the water utility department. All
paper work will be submitted to the department, reviewed and the determination of
qualification will be made by the utility department supervisor.
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