HomeMy WebLinkAbout2024-12-02 December 2, 2024 Mayor and Council Meeting Minutes - SIGNED - LFCity Council Meeting Minutes - Final
MAYOR AND COUNCIL
A. Max Bacon City Hall
Council Chambers
2800 King Street
Smyrna, GA 30080
December 09, 2024
7:00 PM
CEREMONIAL MATTERS
Roll Call
Derek Norton, Mayor
Tim Gould, Mayor Pro Tem (Ward 6)
Glenn Pickens (Ward 1)
Latonia P. Hines (Ward 2)
Travis Lindley (Ward 3)
Charles "Corkey" Welch (Ward 4)
Susan Wilkinson (Ward 5)
Rickey N. Oglesby, Jr. (Ward 7)
City Attorney Scott Cochran
City Administrator Joseph Bennett
City Clerk Heather K. Peacon-Corn
Present: 8 —Mayor Derek Norton, Councilmember Glenn Pickens,
Councilmember Latonia P. Hines, Councilmember Travis Lindley
(virtual), Councilmember Charles Welch, Councilmember Susan
Wilkinson, Mayor Pro Tern / Councilmember Tim Gould,
Councilmember Rickey N. Oglesby Jr.
Also Present: 1 — Scott Cochran
Staff: 7 —Jennifer Bennett, Joe Bennett, Jill Head, Dat Luu, Heather Peacon-
Corn, Joey Staubes, Andrea Worthy
2. Call to Order
Mayor Derek Norton called to order the December 9, 2024 Mayor and Council Meeting
held at A. Max Bacon City Hall in Council Chambers at 7:00 PM.
3. Invocation and Pledge of Allegiance
A. Pastor Kim Gramling, Life Church Assembly of God (4100 King Springs Rd)
4. Agenda Changes
5. Mayoral Report
It. DISCUSSION / ACTION ITEMS
Public comment during this portion of the Agenda must be limited to matters on the Agenda for action. If you wish to be
heard, please sign up with the City Clerk, come to the podium when called by the Mayor, state your name and address for
the record and make your remarks. The time allotted for each speaker is as follows: Public Hearing - Five (5) Minutes
6. Proclamations and Presentations
Page 1 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Community Development Items
A. Z24-014 Public Hearing - Zoning Request - Z24-014 - Allow rezoning from GC to R-15
for the development of one single-family home - 0.465 acres - Land Lot 546 - 4820
Camp Highland Road - Shamarra Goba
Ward 7 Councilmember - Rickey N. Oglesby Jr.
Joey Staubes, Planner II, presented the following background:
The applicant is requesting a rezoning from GC to R15 for the development of one (1)
single-family detached units at a density of 2.17 units per acre. A land use change
from Industrial is not required for this rezoning. Staff Recommendation: Approval of
the rezoning from GC to R-15 for one (1) new single-family detached unit. Planning
Board Recommendation: Approved by a vote of 7-0 at the November 12, 2024
meeting.
Project Analysis
Shamarra Goba is seeking approval of a rezoning for 4820 Camp Highland Road from
GC to R15 for the development of one (1) single-family detached residence at a
density of 2.17 units per acre. The previous single-family home was demolished and a
rezoning is required to build a new single-family home. The applicant is requesting a
rezoning to R-15 to build the single-family home. The proposed lot will be
approximately 19,000 sq. ft.
Engineering Review
The applicant has provided a site plan with the rezoning application for reference. A _
formal review of stormwater management requirements will be assessed during plan
review and permitting. There is no stream located on the subject property.
Cobb/Douglas Public Health Department will approve all septic system permits.
Fire Marshal Review
The Fire Marshal's office has reviewed the revised site plan and believes there is
sufficient access to provide emergency services to the three homes.
Planning Review
The proposed rezoning would provide for one (1) new residence at density of 2.17
units per acre. The subject property is located in an area where the surrounding
properties have a future land use designation of Moderate Density Residential (up to
4.5 dwelling units per acre) and Industrial. Community Development has reviewed the
proposed development against the zoning standards of the recent nearby rezonings
and found the proposed development to be compatible with the surrounding area. The
construction of one (1) new single-family detached home results in a density of 2.17
units per acre on the subject property. The lot width and lot size are compatible with
the R-15 zoning district and no variances are required. The applicant is requesting a
rezoning from GC to R-15 and the proposed zoning is in compliance with the Future
Land Use Plan.
Community Development recommends approval of the rezoning from GC to R-15 for '
the development of one (1) single-family unit at a density of 2.17 units per acre.
Shamarra Goba — applicant — came forward. They are going to build a family home.
Page 2 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
A public hearing was called, and no one came forward in favor of or in opposition to
this item.
Councilmember Rickey N. Oglesby, Jr. made a motion to approve item Z24-014;
seconded by Councilmember Latonia P. Hines.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
B. Z24-015 Public Hearing - Zoning Request - Z24-015 - Allow rezoning from R-
15 to RDA -Conditional for the development of eight single-family homes at a
density of 5.0 units per acre - 1.59 acres - Land Lot 528 - 3767 & 3777 King
Springs Road - Davin Harris
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
Joey Staubes, Planner Il, presented the following background:
The applicant is requesting a rezoning from R-15 to RDA -Conditional for the
development of eight (8) single-family detached units at a density of 5.0 units per acre.
A land use change to Medium Density Residential is required for this rezoning. Staff
Recommendation: Approval of the rezoning from R-15 to RDA Conditional for eight (8)
new single-family detached units. Planning &Zoning Board Recommendation: Approve
by a vote of 7-0 at the November 12, 2024 meeting.
Project Analysis
Davin Harris is seeking approval of a rezoning for 3767 & 3777 King Springs Road
from R-15 to RDA -Conditional for the development of eight (8) single-family detached
residences at a density of 5.0 units per acre. The existing two (2) single-family homes
will be demolished to allow the construction of the proposed development. Five (5) of
the homes will have a rear -entry garages and face King Springs Road. Three (3) of
the homes will have front -entry garages accessed from a new public street. The
proposed lots will have a minimum lot size of 4,436 sq. ft. and an average lot area of
5,036 sq. ft. The applicant proposes to use elements such as brick, stone, and siding
for the fagade materials for each home.
Engineering Review
The applicant has provided a site plan with the rezoning application for reference. A
formal review of stormwater management requirements will be assessed during plan
review and permitting. There is no stream located on the subject property. If
necessary, the applicant will be required to dedicate property along King Springs Road
for the installation of a sidewalk. The two (2) properties are currently utilizing septic
systems for the existing homes. The proposed development will extend a sewer main
on Springwood Drive to serve the proposed development. The extension of the sewer
main will provide sewer access to additional lots on King Springs that are currently
utilizing septic systems.
Fire Marshal Review
Page 3 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
The Fire Marshal's office has reviewed the revised site plan and believes there is
sufficient access to provide emergency services to the homes.
Planning Review
The proposed rezoning would provide for eight (8) new residences at density of 5.0
units per acre. The subject property is located in the Low Density Residential (up to 3
dwelling units per acre) future land use designation and requires the designation be
changed to Medium Density Residential (up to 6 dwelling units per acre). However,
much of the surrounding properties have a future land use designation of Medium -
High Density Residential (10 dwelling units per acre or greater) and are occupied by
duplexes. The proposed development will provide a gradual increase between the
Low Density Residential to the north and the Medium -High Density Residential to the
east and south. Table 2 shows the infill development in the immediate area as it
relates to density, lot size and lot width.
Community Development has reviewed the proposed development against the zoning
standards of the recent nearby rezonings and found the proposed development to be
compatible with the surrounding area. The subdivision and construction of eight (8)
new single-family detached homes result in a density of 5.0 units per acre on the
subject property. The lot width and lot size are compatible with the other in -fill
developments in the surrounding area. The applicant is requesting a rezoning from R-
15 to RDA -Conditional and the proposed zoning will require a change of the Future
Land Use Plan to Medium Density Residential. Staff is supportive of the rezoning for
the proposed development and the requested variances:
1. Allow reduction of the minimum lot area from 7,260 sq. ft. to 4,436 sq. ft. (Staff
Supports).
2. Allow reduction of the minimum front setback from 25 ft. to 20 ft. (Staff
Supports).
3. Allow reduction of the minimum rear setback from 30 ft. to 20 ft. (Staff
Supports).
4. Allow an increase in the maximum lot coverage from 45% to 55% (Staff
Supports).
Community Development recommends approval of the rezoning from R-15 to RDA -
Conditional for the development of eight (8) single-family units at a density of 5.0 units
per acre with the following conditions:
Standard Conditions Requirements # 2, 8, 9, and 17 from Section 1201 of the
Zoning Code are not applicable. The following requirements remain applicable.
1. The composition of the homes in a residential subdivision shall include a
mixture of elements including; but not limited to: brick, stone, shake, hardy
plank and stucco. No elevation shall be comprised of 100% hardy plank siding.
The residences whose lots abut external roadways shall not be permitted to
utilize hardy plank for any elevation facing these roads.
2. There shall be protective covenants on all lots. These protective covenants
shall be supplied to the city prior to the issuance of a building permit.
3. The developer shall provide at least 200 square feet of common space per lot.
This common space shall be developed with improvements for the residential
subdivision such as: gazebos, fountains, recreational/playground equipment or
walking trails. The common space shall be controlled and maintained by the
Homeowners Association. �-
4. The retention pond shall be placed and screened appropriately to be
unobtrusive to homes inside and outside the development. The storm water
Page 4 of 17
December 09, 2024
7:00 PM
City of Smyrna 2800 King Street SE
Mayor and Council Meeting Council Chambers
detention plan shall be designed to create at least a ten percent reduction in a
100-year storm event. The city engineer shall approve all plans.
5.
All utilities within the development shall be underground.
6.
The developer shall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the
County during construction plan review. Sidewalks shall be provided by the
developer inside the subdivision and outside the subdivision adjacent to any
public right-of-way consistent with city's requirements for the extent of the
development. A grass buffer with a minimum width of two feet shall be
provided between the back of curb and sidewalk.
7.
The development of any streets (including private) shall conform to the city's
standards for public rights -of -way.
8.
No debris may be buried on any lot or common area.
9.
The developer will comply with the City's current tree ordinance. All required
tree protection measures shall be adhered to by the developer during
construction.
10.
All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
11.
All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
12.
All single-family and/or duplex residential lots shall provide the following at the
time of certificate of occupancy: either four 3" caliper trees or three 4" caliper
trees. The following species of trees may be used: Nuttall Oak, Swamp
Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be
used if approved by the
City.
Special Conditions
13.
The development shall maintain the following setbacks: Front — 20' Side — 5'
Rear — 20'
14.
The minimum lot size shall be 4,436 sq. ft.
15.
The minimum lot width shall be 50 feet.
16.
The maximum impervious lot coverage shall be 55%.
17.
Driveway — 22' minimum length from building face to back of sidewalk.
18.
The developer shall dedicate 5 feet of property along King Springs Road.
19.
The developer shall install a 5' sidewalk and 2' grass strip along King Sprigs
Road.
20.
The front elevations of Lots 1-5 shall face King Springs Road and the rear
elevations shall face the new street within the development.
21.
Fencing within the front yard shall be a maximum 4' in height and decorative.
Both street frontages of Lots 1-5 shall be defined as a front yard.
22.
Approval of the subject property for the RDA -Conditional zoning district shall
be conditioned upon the development of the property in substantial compliance
with the site plan submitted 10/13/2024 and created by SJM Murphy LLC. and
all zoning stipulations above.
23.
Approval of the subject property shall be conditioned upon substantial
compliance with the elevations submitted on 10/13/2024.
Councilmember Susan Wilkinson asked about guest parking. She wondered if there is
room in the private drive around back or if parking is allowed on Kind Springs Rd. Mr.
Staubes stated there are no "No Parking" signs there.
Davin Harris — applicant — stated that he lives right around the corner from this
property. The neighbors at 3797 King Springs who are directly next door are very
excited about this project. Mayor Pro Tern Tim Gould stated that it is nice that
Page 5 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
residents are working on this because it means they care about the neighborhood.
Sean Murphy who is also working on this stated this project has been one of the best
experiences he has had when working in the city. Mayor Pro Tern Gould mentioned
one concern was stormwater runoff. He asked the applicant to speak about how they
will eliminate the impact of future stormwater runoff — tie the downspouts of the three
homes on the right into the detention facility. Sean Murphy stated that the detention
pond is able to handle all of the houses. The variance asks for 55% to capture surface
water at the street or moves into Swale along the back lots and into the detention
pond. They are comfortable with the stipulation of the general requirement that
downspouts be tied in with the ability to daylight some at the street and others into
detention.
A public hearing was called, and no one came forward in favor of or in opposition to
this item.
Mayor Pro Tern / Councilmember Tim Gould made a motion to approve item Z24-015;
seconded by Councilmember Latonia P. Hines.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recluse: 0 — None
C. ORD2024-001 Public Hearing - Allow a code amendment to Section 713 of the
zoning ordinance to allow an animal crematory as a permitted use in the OD
(Office -Distribution) Zoning District.
Citywide
Joe Bennett, City Administrator, provided the following background:
Community Development is proposing a code amendment to the Zoning Ordinance to
allow animal cremation as a permitted use within the Office -Distribution (OD) zoning
district. The Heavy Industrial (HI) zoning district allows human and animal
crematories, but no other zoning district allows animal cremation as a singular use.
Community Development recommend approval. This is city initiated.
A public hearing was called, and no one came forward in favor of or in opposition to
this item.
Councilmember Glenn Pickens made a motion to approve item ORD2024-001;
seconded by Mayor Pro Tern / Councilmember Tim Gould.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby _
Nay: 0 — None
Recuse: 0 — None
Page 6 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
8. Privilege License and Show Cause Hearing
9. Formal Business
A. RES2025-001 Approval of Resolution RES2025-001 for the 2025 Meeting
Dates to include Committee of the Whole, Pre -Council and Mayor and Council
as publicly posted in the Marietta Daily Journal and approved on October 7,
2024.
Citywide
Councilmember Charles Welch made a motion to approve item RES2025-001;
seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
B. RES2025-002 Approval of Resolution RES2025-002 imposing a 911 charge on
postpaid wireline, wireless, and voice over internet protocol (V.O.I.P.)
telephone service at the answering point at the rate of $1.50 per month
received by a municipality and authorize the Mayor to sign and execute all
related documents.
Citywide
Councilmember Rickey N. Oglesby, Jr. made a motion to approve item RES2025-002;
seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
C. RES2025-003 Approval of Resolution RES2025-03 imposing a 911 charge on
prepaid wireless service at the retail point of sale at the rate of $1.50 per retail
transaction and revenues received by a municipality and authorize the Mayor
to sign and execute all related documents.
Citywide
Councilmember Glenn Pickens made a motion to approve item RES2025-003;
seconded by Mayor Pro Tem / Councilmember Tim Gould.
The motion to approve carried with the following vote:
Page 7 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
D. RES2025-004 Approval of Resolution RES2025-04 reaffirms the necessity for
the $1.50 911 charge on telephone subscribers served by the enhanced 911
system for the fiscal year.
Citywide
Councilmember Charles Welch made a motion to approve item RES2025-004;
seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
E. BCA2024-045 Approval of the appointment of Ward 2 resident, Rose Diggs, to
the Smyrna Tree Board. This is a four-year term to expire August 31, 2028.
Ward 2 Councilmember - Latonia P. Hines
Mayor Norton mentioned that Rose Diggs is the city's 2024 Citizen of the Year. She
has done so much for the community and has fostered hundreds of children.
Councilmember Latonia P. Hines made a motion to approve item BCA2024-045;
seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
F. ATH2024-194 Authorization for the purchase of 250 Krueger International
Strive Armless banquet chairs from Advantage Office Solutions (65 Leggett
Drive, Villa Rica, Georgia 30180) in the total amount of $58,500 to be paid from
ARPA Funds and using State Contract #99999-SPD-G20240201-0001 (Omnia
#R221003) and authorize the Mayor to sign and execute all related documents.
Ward 3 Councilmember Travis Lindley
Councilmember Latonia P. Hines made a motion to approve item ATH2024-194;
seconded by Councilmember Glenn Pickens.
Page 8 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
G. ATH2O24-195 Authorization for renovation of Creatwood Park Renovation by
Kompan at a total cost of $140,085.82. Kompan (605 W Howard Lane, Suite
101, Austin, TX 78753) in the amount of $140,085.52 to be paid using Omnia
Partners cooperative contract #2017001135 and paid from allocated ARPA
funds and authorize the Mayor to sign and execute all related documents.
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
Joe Bennett, City Administrator, provided the following background:
This is for the equipment, surfacing, installation, and freight for the new playground.
Mayor Pro Tem / Councilmember Tim Gould made a motion to approve item ATH2O24-
195, seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
H. RFP25-016 Authorization to award RFP25-016 for renovation of Creatwood
Park to Lagniappe Development Co., Inc. (1190 West Shadburn Avenue,
Buford, Georgia 30518) at a total cost of $349,730.36 to be paid from allocated
ARPA funds and authorize the Mayor to sign and execute all related
documents.
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
Joe Bennett, City Administrator, provided the following background:
The City of Smyrna requested proposals for the Creatwood Park Renovation. The
project includes the removal of outdated play structures, select trees, and other
existing site elements to make way for the construction of a timber -framed pavilion, a
modern playground, an expansive activity lawn, and additional site improvements.
This project is funded by the American Rescue Plan Act (ARPA). This project is
managed by Foley Design. Seven (7) proposals were received on Monday, December
2, 2024. The recommended firm is Lagniappe Development Co., Inc. in the amount of
$349,730.36.
Mayor Pro Tem / Councilmember Tim Gould made a motion to approve item RFP25-
016; seconded by Councilmember Glenn Pickens.
Page 9 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
ATH2O24-201 Approval to renew Georgia Firefighters' Cancer Benefit Program
with GMA-GIRMA for an annual premium of $7,526.00 and authorize the
Mayor to execute any related documents
Citywide
Joe Bennett, City Administrator, provided the following background:
As of January 1, 2018, all legally organized fire departments in Georgia are required
by House Bill 146 to provide certain cancer benefits to their firefighters.
This program provides financial protection to firefighters and their families in the event
they contract cancer attributed to their job.
The program provides a Lump Sum Cancer Benefit as well as Long -Term Disability
coverage. The City needs only to obtain coverage for the Lump Sum portion of the
program, as the City already provides LTD coverage for its employees.
Councilmember Latonia P. Hines made a motion to approve item ATH2O24-201;
seconded by Councilmember Charles Welch.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
J. ATH2O24-202 Authorization to award Georgia First Responder PTSD Program
as required by HB451 (2024) to GMA-GIRMA with an annual premium of
$28,101.00 and authorize the Mayor to execute any related documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
Implementation of the Georgia First Responder PTSD Program, effective January 1
2025, as required by HB 451 (2024).
Georgia House Bill 451 (2024) mandates all public entities that have employed or '
volunteer first responders provide lump -sum and income replacement (long-term
disability) PTSD benefits, effective January 1, 2025. There are two coverage
components required by House Bill 451 (2024) effective January 1, 2025:
Page 10 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
1. Lifetime Critical Illness Lump Sum PTSD Diagnosis Benefit
2. Lifetime Long -Term PTSD Disability Benefit (Income Replacement)
The Ashley Wilson Act (HB 451) requires several specific coverage features for the
disability portion of the PTSD benefits. Our existing group long term disability policy
does not meet the disability benefit requirements of the Act; therefore, staff
recommends authorization.
Councilmember Latonia P. Hines made a motion to approve item ATH2O24-202;
seconded by Mayor Pro Tern / Councilmember Tim Gould.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
K. ATH2O24-205 Authorization to renew the City's Worker's Compensation
Insurance program with National Liability and Fire Insurance Company with a
$668,110.00 premium and $2,500 deductible with Oakbridge Insurance/John
Knop as the broker and authorize the Mayor to sign and execute all related
documents.
Citywide
Joe Bennett, City Administrator, presented the following background:
The City's Worker's Compensation insurance program renews on January 1, 2025.
As of January 1, 2024, the City's worker's compensation coverage was placed with
National Liability and Fire Insurance Company with Oakbridge Insurance/John Knop
as the broker.
• $ 668,110.00 annual premium with $2,500 deductible
• Continue Oakbridge's Proactive Services to improve safety and risk
management culture
• Continue 2-3 year plan to reduce claims and lower first dollar/low deductible
premiums
Councilmember Glenn Pickens made a motion to approve ATH2O24-205; seconded by
Councilmember Charles Welch.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
Page 11 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
L. ATH2O24-204 Authorization to amend the FY 2025 Adopted Budgets for the General
Fund and the American Rescue Plan (ARPA) Fund to increase the adopted General
Fund Budget to increase the HB489 Intergovernmental Revenue and to amend the _
ARPA Fund adopted project length budgets to reallocate funding and create additional
projects.
Citywide
Joe Bennett, City Administrator, provided the following background:
The City has completed several American Rescue Plan (ARPA) projects and needs to
true up the project length budgets and obligate remaining funds before the 12/31/2024
deadline. Staff recommends authorization to amend.
Mayor Pro Tern / Councilmember Tim Gould made a motion to approve item ATH2O24-
204; seconded by Councilmember Rickey N. Oglesby, Jr.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
M. ATH2O24-206 Authorization for the approval of the FY 2025 Pay Scale
Adjustments, Cost of Living (COLA) Pay Adjustments, and Staff Merit
Increases effective the January 9, 2025 payroll (Pay Period: December 23,
2024 - January 5, 2025) and authorization to amend the adopted FY 2025
budgets in the General Fund, Water Sewer Fund, E911 Fund, and the Hotel/
Motel Tax Fund to decrease the budget for the contingency line item in each
fund, and to increase the full time salaries, part time salaries and FICA line
item balances in each fund.
Citywide
Joe Bennett, City Administrator, provided the following background:
Each year cost of living pay adjustments and merit increases for eligible staff are
included in the budget in the contingency line item of each fund. As part of the
maintenance plan recommended in the adopted 2022 classification and compensation
study, Council committed to annual adjustments to the pay bands and cost of living
(COLA) pay adjustments based on the Employment Cost Index (ECI). According to
the 10/31/24 Economic News Release, compensation for state and local government
workers increased 4.7% for the 12-month period ended 9/30/2024. The FY 2025
Budget was adopted with a cap on the COLA adjustment at 3%. The amounts
budgeted for ECI (COLA) adjustments totaled $581,800.00. Merit raises were also
included in the budget contingencies lines items in each of the individual funds. Initial
amounts budgeted totaled $448,100.00. Total budgeted for merit and ECl/ COLA was
$1,029,900.00. The estimated total for a 3.0% COLA, and merit raises at 2.5%
(performance rating of 3), and 3.5% (performance ratings of 4 and 5) totals
$804,196.23.00 at January 1, 2025.
Page 12 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Councilmember Charles Welch made a motion to approve ATH2024-206; seconded by
Mayor Pro Tem / Councilmember Tim Gould.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
N. AGR2024-056 Approve an amendment extending the term of the concession
agreement with Gonna Fly Now, LLC until January 31, 2056, and authorize the
mayor to execute all related documents.
Ward 3 Councilmember- Travis Lindley
Joe Bennett, City Administrator, provided the following background:
The City of Smyrna has a concession agreement with Gonna Fly Now, LLC covering
the operation of the Fox Creek Golf Course on Windy Hill Road and Cobb County has
a similar agreement with Gonna Fly Now, LLC covering the operation of the abutting
Legacy Golf Course. The operator of both courses has planned upgrades designed to
improve the courses. The upgrades to Fox Creek are estimated to cost more than
$500,000. Gonna Fly Now, LLC seeks to extend the agreements given the cost of
these improvements. Cobb County recently amended its concession agreement
regarding Legacy so that it terminates on January 31, 2056, unless earlier terminated
as provided in the agreement and Smyrna seeks to amend its concession agreement
so that it has the same duration. Staff recommends approval.
Mayor Pro Tern / Councilmember Tim Gould made a motion to approve item AGR2024-
056; seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
O. ATH2024-207 Approval to award the Traffic Signal Intersection Camera
replacements and upgrades to Net Planner (3145 Northwoods Parkway, Suite
800, Peachtree Corners, GA 30071) in the amount of $78,345.35 on Georgia
State Contract (99999-SPD0000172-012) and PC Solutions (4937 SW 75th
Avenue, Miami, Florida, 33155) in the amount of $19,592.30 on Georgia State
Contract (99999-SPD-0000219-0004) for a total of $97,938.65 to be paid with
' funds from American Rescue Plan Act (ARPA) and authorize the Mayor to sign
and execute all related documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
Page 13 of 17
December 09, 2024 City of Smyma 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
The City is in need of replacement and upgrading of Traffic Signal Intersection
Camera equipment at various intersections throughout the City. These new cameras
aid the Public Works and Public Safety departments in the City in their daily
operations. Net Planner is on state contract for this equipment.
Councilmember Glenn Pickens made a motion to approve item ATH2024-207,
seconded by Mayor Pro Tern / Councilmember Tim Gould.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
P. RES2024-013 Approval of Resolution RES2024-13 authorizing participation in
an amicus brief in the Chang v. City of Milton Appeal and authorize the Mayor
to sign and execute all related documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
There is presently pending before the Court of Appeals and/or Supreme Court of
Georgia an appeal of a civil lawsuit that, at the trial court level, was referred to as
Chang, et. al. v. City of Milton, State Court of Fulton County, Case No. 18EV004442.
The case involves a claim of liability against the City of Milton for personal injuries due
to a 2016 vehicle collision with a fixed obstruction (a masonry planter) located on City -
owned right of way where the obstruction was outside the motoring lanes of travel;
The City believes the Court of Appeals decision is inconsistent with existing legal
precedent and should be overturned and the financial implications of the Court of
Appeals decision could be devastating for Georgia municipalities. The CITY does
hereby authorize participation in an amicus brief before the Georgia Supreme Court
asking that the Chang appellate ruling be taken by the Supreme Court and reversed.
Councilmember Travis Lindley made a motion to approve item RES2024-013;
seconded by Councilmember Rickey N. Oglesby, Jr.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
10. Consent Agenda
Councilmember Glenn Pickens made a motion to approve the Consent Agenda as
presented; seconded by Councilmember Rickey N. Oglesby, Jr.
Page 14 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley (virtual), Councilmember Welch, Councilmember Wilkinson,
Mayor Pro Tem / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
A. MIN2024-203 Approval of the November 18, 2024 Pre -Council Meeting
Minutes
This item was approved on the Consent Agenda.
B. MIN2024-205 Approval of the November 18, 2024 Mayor and Council Meeting
Minutes
This item was approved on the Consent Agenda.
C. BCA2024-031 Approval of the re -appointment of the Downtown Development
Authority (DDA) members as follows: Heather Bacon, Ron Davis, Kevin Drawe,
Jim Duelmer, Tarun Ganeriwal, Kimberly Gangemi and Jason Saliba, with
Mayor Derek Norton serving as Chairman. This is a one-year term that will
expire December 31, 2025.
Citywide
This item was approved on the Consent Agenda.
D. BCA2024-033 Approval of the re -appointment of the Urban Design
Commission (UDC) members as follows: Heather Bacon, Ron Davis, Kevin
Drawe, Jim Duelmer, Tarun Ganeriwal, Kimberly Gangemi, Jason Saliba,
Chuck Young and Greg Teague, with Mayor Derek Norton serving as
Chairman. This is a one-year term that will expire December 31, 2025.
Citywide
This item was approved on the Consent Agenda.
E. BCA2024-035 Approval of the re -appointment of Ward 1 resident, Shawn
Garcia, to the Keep Smyrna Beautiful Board. This is a two-year term to expire
December 31, 2026.
Ward 1 Councilmember - Glenn Pickens
This item was approved on the Consent Agenda.
F. BCA2024-037 Approval of the re -appointment of the Mayor's appointee, Mr.
Joel Powell, to serve as Chairman of the Smyrna Planning and Zoning
Commission for a two-year term to expire December 31, 2026.
Citywide
This item was approved on the Consent Agenda.
Page 15 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
G. BCA2024-039 Approval of the re -appointment of the Mayor's appointee, Mr. J.
Barrett Carter, to the Smyrna Parks & Recreation Commission for a two-year
term to expire December 31, 2026.
Citywide
This item was approved on the Consent Agenda.
H. BCA2024-041 Approval of the re -appointment of Ward 6 resident, Nell
Robinson, to the Keep Smyrna Beautiful Board. This is a two-year term to
expire December 31, 2026
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
This item was approved on the Consent Agenda.
BCA2024-043 Approval of the re -appointment of Ward 5 resident, Maggie
McGarity, to the Keep Smyrna Beautiful Board. This is a two-year term to
expire December 31, 2026.
Ward 5 Councilmember- Susan Wilkinson
This item was approved on the Consent Agenda.
ATH2024-199 Approval of Road Closures for the Installation of a Crosswalk
Mural in front of City Hall on weekdays from December 10th through December
20th between 8:00 AM and 5:00 PM
Ward 3 Councilmember - Travis Lindley —
This item was approved on the Consent Agenda.
III. CITIZEN PARTICIPATION
Public comment during this portion of the agenda must be limited to matters within the jurisdiction of the City Council. No
subject may be acted upon by the City Council unless that subject is on the agenda and is scheduled for action. If you wish
to be heard, please sign up with the City Clerk, come to the podium when called by the Mayor, state your name and address
for the record and make your remarks. The time allotted for each speaker is as follows: Public Comment - Three (3)
Minutes
11. Public Comment
Alex Backry — 3459 Shawnee Trail — Spoke about the money spent on the statue of Fanny
Williams. He does not understand why the statue was made for someone who worked in
the restaurant. The city should spend money in different ways like animal control. He
wants to see how the council can get more people involved in voting. GA Power — $1.7M
— no feedback from taxpayers. Taxpayers have a right to have a say in how the money is
being spent. There was no say in the statue, Windy Hill, Baptist church. These decisions
are the reason why there is low turnout in elections.
Frederick Paprin — 1873 Tululah Trail — Thanked City Clerk and City Administrator for
taking so much time to address concerns, one of which was frustration, lack of
communication from leadership to those at the southwest tip of the city — he speaks to
neighbors, and no one has a clue what is going on. He suggested in a positive spirit, it
would be great to have a printed budget mailer to state "this is what we did for you in 2024,
this is what was unfinished, this is what is coming in 2025" as an example. We are
Page 16 of 17
December 09, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
fortunate to be in a low -crime area, but he asked that the Smyrna Police Department come
through the neighborhoods every now and again. He mentioned that though the dog parks
are great, 90% of people who use the dog parks are not residents of the city. Mayor
Norton stated he would be happy to come out to the neighborhood to talk to them about
what is going on in the city.
12. Ward and Staff Reports
Councilmember Travis Lindley thanked City Clerk Heather Peacon-Corn and Mayor
Norton for making this connection possible this evening so he could participate from just
offshore of Antarctica. He hopes everybody has a wonderful holiday season. (signed off at
7:49 PM.)
Councilmember Glenn Pickens wished everyone a good holiday season.
Councilmember Latonia P. Hines also wished all a wonderful holiday season. She
mentioned the Home for the Holidays event that was so great, and thanked staff for all
they did. She also announced that on February 28, 2025, the Black History Month program
will take place, and the Women's History Program will take place on March 23, 2025.
Councilmember Charles Welch wished all a Merry Christmas, Happy New Year, and safe
travels.
Councilmember Susan Wilkinson wished all a happy holidays and Merry Christmas.
Mayor Pro Tern Time Gould stated that the Tree Lighting was magnificent and thanked
staff for their hard work. He also commented on the Fanny Williams memorial. It is open
for viewing and in honor of a community activist and philanthropist.
Councilmember Rickey N. Oglesby, Jr. stated that starting today the second installment of
a public art project was to begin, but rain held it off; however, before the end of the year,
there will be two completed public art projects. He wished all happy holidays, asked all to
find time to volunteer and check on neighbors.
13. Adjournment
Mayor Derek Norton adjourned the December 9, 2024 Mayor and Council meeting at 8:06 PM.
Facilities are provided throughout City Hall for the convenience of persons with disabilities.
THIS MEETING WAS PROPERLY NOTICED AND POSTED AT THE FOLLOWING LOCATIONS IN ACCORDANCE WITH THE NOTICING
STANDARDS AS OUTLINED IN O.C.G.A. 80-14-3:
The City of Smyrna website — www.smyrnaga.gov
City Hall, 2800 King Street SE, Notice Boards
Page 17 of 17
MAYOR AND COUNCIL MEETING
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DEREK NORTON, MAYOR
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LATONIA P. HINES, WARD 2
CHARLES A.WELCH, WARD 4
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TIM GOULD,
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ARD 6
MAYOR PRO
TEM
HEAtITIER K. PEACON-CORN
CITY CLERK
GLENN PICKENS, I
TRAVIS LINDLEY, WARD 3
SUSAN WILKINSON, WARD 5
CI Y N. OG SBY, 4kr WARD 7
CITY SEAL