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October 3/17 1977 Council Meeting ~ ~ '-' '- ~ October 3, 1977 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on October 3, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present except Jim Tolleson and Elbert Coalson who were on vacation. Also present was Attorney Chuck Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief Everett Little, Fire Chief Don Atkinson, Building Inspector David Granade, Superintendent of Public Works Jim David and representa- tives of the press. Invocation was givep by C. o. Canada, followed by the pledge to the flag. Tom Corso, representing the American Legion Post No. 160, requested a parade permit for the 3rd Annual Veteran's Day parade on November 12, 1977. C. o. Canada made a motion the permit be granted. Bill Darby seconded the motion and the vote was unanimous. Don Lillie, Chairman of the Parks and Recreation Commission, said he had a memo of record, issued by Lee Silver, stating Mayor and Council were of the opinion he did not have just reason to turn down the permit for Shiloh Academy to use King Springs Park. Mr. Lillie asked why, since the Parks and Recreation Commission was an advisory committee, the request did not go through them. After discussion it was agreed the proper procedure would have been for Lee Silver to refer the school to the Parks & Recreation Commission and they in turn would have made a recommendation to Mayor and Council. Mayor Bacon said he thought we should have a meeting of everyone involved and work out any problems that might exist. A residential business license was requested by W. Herbert Hodges, 2475 Spring Street, Apt. 1-5, to sell books by telephone, and store a small number of books in his apartment. After discussion Jerry Mills made a motion to grant the license, with the stipulation there would be no walk-in sales from the apartment. Rem Bennett seconded the motion and the vote was unanimous. Arthur Crowe represented the Fraternal Order of the Orioles in their request for a Bingo License at 3265 South Cobb Drive, Robert M. Underwood, applicant. Mr. Crowe stated the application made to the city had been tabled earlier until a ruling had been made on the Amvets injunction. The Fraternal Order of the Orioles made application with the City of Smyrna and the State of Georgia. The State returned their money, along with a letter stating the State would require no license until Judge Shaw had ruled on the Supreme Court case that had been filed in Fulton County, therefore, the only license needed is. from the City of Smyrna. He said the Smyrna Chapter of the Fraternal Orioles had a group exemption from the IRS. He advised that Section 3 of our Ordinance, and this section of the State Ordinance, stating that "No license shall be issued to any nonprofit tax exempt organization unless such organization has been in existence for 24 months immediately prior to the issuance of the license" had been ruled unconstitutional by Judge Shaw. He also did not agree with Section 4 of our Ordinance which states "Bingo games shall be operated only on premises owned by the nonprofit tax exempt organization oper- ating the bingo games, or on property leased by the nonprofit tax exempt organiza- tion operating the bingo game, from another nonprofit tax exempt organization." He felt this section unfair, as no tax exempt nonprofit organization has funds to purchase a building before they start operating. On the first application to the City, they listed the lessor as Plaza Limited Partnership, the second application listed Fraternal Order of Orioles #247, which is located in DeKalb County. Mr. Crowe stated he felt they had met the spirit of the ordinance, if not the techni- calities. After discussion Rem Bennett made a motion the license be denied, and read a letter from City Marshall into the motion as follows: Investigation by the Smyrna Police Department did not reflect any factors that would prevent Robert M. Underwood from being granted a license in the City of Smyrna to operate a bingo game. However, upon review of his application by this department, it appears that all requirements of the Code of Ordinance, Chapter 14; Article 5; Bingo Ordinance, has not been met. Specifically, Sub-Section 4-0peration of Bingo Games; place where held. This paragraph limits the operation of bingo games only on premises owned by the nonprofit tax exempt organization operating the bingo games, or on property leased by the nonprofit tax exempt organization operating the bingo game, from another nonprofit tax exempt organization. Attached to Robert M. Underwoods application is a lease contract between Plaza Limited Partnership and Fraternal Order of Orioles #247, also attached to his application is a lease between Fraternal Order of Orioles #247, and Fraternal Order of Orioles Smyrna Nest #249. This shows that one Fraternal Order of Orioles, Next, is sub-leasing from another Fraternal Order of Orioles Nest. Section -4; Operation of Bingo Games; place where held, previously stated in this letter, states on property leased by the nonprofit tax exempt organization, operating a bingo game, from (Continuation of October 3, 1977 Meeting) another nonprofit tax exempt organization. It appears that these two nests are still one organization, which is the Fraternal Order of Orioles. Therefore, it is merely one post leasing from another post, neither post has leased from another nonproft tax exempt organization (Plaza Limited Partnership). I might also note that application for bingo license was made for Fraternal Order of Orioles, Chapter 252, which is not mentioned in either lease agreement. Additionally, I would note that Robert M. Underwood's signature does no appear on either lease agreement. Therefore the recommendation of this office would be to deny the application for the Fraternal Order of Orioles, Smyrna Nest #252, applicant Robert M. Underwood, for reasons stated. Signed: David H. Granade, City Marshall, Inspection Department." Jerry Mills seconded the motion. During further discussion, Mr. Crowe stated the signature of Mr. Underwood was not required on the lease since he was only the manager, that nest #252 was a typo- graphical error, that it was true one chapter was leasing from another chapter, but he felt they had applied with the letter of the ordinance. Jerry Mills, Jim Hawkins and Rem Bennett stated they thought we had a good Bingo Ordinance and would uphold it. Vote on the motion to deny the license was unanimous. ~ ~ Commercial building permits were presented by Building Inspector David Granade and upon his recommendation the following action is recorded: (1) ilie and Rem E. Y. Smith, 1311 Hawthorne Avenue, requested a permit for an addition to rear of the existing building. Plans were approved by the Fire Marshall met the building codes. C. o. Canada made a motion the permit be granted. Bennett seconded the motion and the vote was unanimous. ~ ~ Jim Hawkins made a report on bids for the Civil Defense EOC modifications. He read into the minutes a section of the bid invitation which read as follows: "Mayor and Council reserve the right to reject any and all bids. Awards will be made based on the availability of anticipated Federal Funds and will be within the limits of these funds." Jim said sufficient funds were not available to complete the entire project; therefore the committee decided to award Projects A & B, electrical work, to Ledbetter Electric Company for $1,520.00, which was the low bid. Bidders on Projects C, D, E and F were contacted and none wanted to do part of the projects, so these projects were dropped. They included dropping ceilings, repairing floors, etc. Project G, office furniture, was awarded to Georgia Office Supply in the amount of $925.00. C. o. Canada called out October 17, 1977 as the date set to hear the appeal of Mark Culbertson on the amount of fine charged him by Recorders Court. Rem Bennett seconded the motion and the vote was unanimous. Bill Darby reported we would probably have to borrow money to meet expenses until taxes were received and he would call a meeting of the finance committee this week. Jerry Mills reported MacDougald-Warren had been awarded the contract to re- surface streets under the Larp program and that Jim David had written them to find out when work would begin. u Jerry also said Colonial Pipe Lines had requested permission to cut ten (10) streets in the city. He made a motion permission be granted, with the stipula- tion that where possible, traffic would be left open for one lane during con- struction, proper safety measures such as flagmen, construction signaling, etc. will be provided, the City of Smyrna will be notified at least 48 hours before any closures and all open cut roads will be required to be repaired according to the City's specifications. Rem Bennett seconded the motion and the vote was unanimous. C. o. Canada made a motion the street through King Springs Park be named Les Charles Parkway. Jerry Mills seconded the motion and the vote was unanimous. C. o. Canada made a motion to give the power to the committee for the wrecker service to negotiate with the two local wrecker services, Billy Howard and Barrow Wrecker Service for the city contract. Jerry Mills seconded the motion and the vote was four to one. Jim Hawkins voted against the motion. Rem Bennett stated we traffic in some way. yellow traffic lights. dangerous situation. had a speeding problem on Reed Road and must brake the He had asked Jim David to contact the county about flashing King Springs School is located on Reed Road, making a v Mayor Bacon read a letter from WYNX commending Mayor and Council for the stand taken against Bingo in the City of Smyrna. "-' ~ ~ , "-' (Continuation of October 3, 1977 Meeting) Rem Bennett read a request from B. B. Williams, Principal of Wills High School, for a parade permit on October 13, 1977. This is for the Homecoming Parade that will start at 3:30 p.m. at the school, on to Ward Street, to Cherokee Road, to South Cobb Drive and back to the school. Rem Bennett made a motion the permit be granted. C. o. Canada seconded the motion and the vote was unanimous. Citizens Input: Jack Shinall asked for a clarification on action taken on the wrecker service contract. Don Lillie commended Mayor and Council for implementing the Animal Control Unit. Don also asked that the leaf burning ordinance be enforced. Don Atkinson, Fire Chief, reported Fire Prevention Week begins October 9, 1977. There being no further business, the meeting was adjourned at 8:40 p.m. ************************ October 17, 1977 The regular scheduled meeting of Mayor and Council was held on October 17, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock p.m. All Councilmen were present. Also present was City Attorney Chuck Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Building Inspector David Granade, Police Chief Everett Little, Fire Chief Don Atkinson, Assistant Parks and Recreation Director Sherry Reavis, Superintendent of Public Works Jim David and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the Flag. Malt Beverage and Wine (package) License, Minit Chek Food Stores, Inc., 2995 Atlanta Road. A letter from Police Chief R. E. Little was read stating an investi- gation by his department did not reflect any factors that would bar William Henry Carson from holding a Malt Beverage and Wine package license at the above address. Elbert Coalson made a motion the license be granted. Jim Tolleson seconded the motion and the vote was unanimous. Malt Beverage (pouring) License, Brunswick Belmont Bowl, 2400 Atlanta Road. Rem Bennett read a letter from David Granade, Inspections Department, which stated the Smyrna Police Department had completed an investigation of the applicant, Burl William Anderson, Jr., and could see no reason why this license could not be issued; however, review of this application by the department revealed the follow- ing items in conflict with our Code of Ordinances: Section 3-21 requires appli- cant to reside continuously within this county for the two (2) year period next preceding the year for which application is made. Section 3-28 specifies the establishments specifically approved for the sale of malt beverage and/or wine of which bowling alleys are not listed. Section 3-5 states requirements for pouring license which the bowling alley does not meet. Mr. Anderson was given a copy of the letter from David Granade. Rem Bennett made a motion the license re- quest be denied. Jerry Mills seconded the motion. During discussion C. o. Canada stated that since school children, as well as many other youths bowled there frequently he would be against beer being sold. Jerry Mills asked Mr. Anderson if it was stated in any of the bowling leagues contracts that beer would not be sold. Mr. Anderson said it was not. Vote on the motion to deny was unanimous. Committee Reports: Jim Tolleson, in an effort to get the people out to vote, challenged council as follows: "The Councilmen from the two wards with the lowest turnout, percentage wise, spend one night in the City Jail." Mayor Bacon said he wanted a-good turnout, but this challenge was out of order. Bill Darby reported a meeting of the Finance Committee today, and stated it was necessary for us to ask for a loan of $250,000 until taxes were received. Gunter Newsom said we would not get the tax digest until the last of November or the first of December. C. o. Canada made a motion authority be given to borrow $250,000 repayable from 1977 tax receivables. Bill Darby seconded the motion and the vote was unanimous. Jerry Mills reported that MacDougald-Warren had the contract to resurface the streets and they had advised us they could not say when the work would be done; however, the entire project must be completed by June, 1978. (Continuation of October 17, 1977 Meeting) C. o. Canada made a motion the date for the ground breaking for Les Charles Swimming Pool at King Springs Park be November 13, 1977. Bill Darby seconded the motion and the vote was unanimous. Rem Bennett made a motion to authorize the expense of a 3" x 4" ad, on the front page of the October 27th Smyrna Neighbor reading "VOTE NOVEMBER 1." C. o. Canada seconded the motion. Jerry Mills said he personally feels this would be coming from the incumbents and he could not vote for it. Jim Hawkins said he felt the same way and did not think the taxpayers should pay for this type ad. Rem said he was only trying to get the people out to vote, and since the election would be on Tuesday this year, he thought this type ad would help. Vote on the motion was 5-2. Rem Bennett, Jim Tolleson, C. o. Canada, Elbert Coalson and Bill Darby voted for the motion. Jerry Mills and Jim Hawkins voted against. Motion carried. ~ Attorney Charles Camp swore in Mark Culberson, who appealed the amount of a fine imposed on him by Recorder's Court. Mr. Culberson said he pleaded guilty to the charge of driving a vehicle without a tag but he thought the amount of the fine, $100.00 was too high. He said he had owned the car for about three months but it needed a lot of work and he had not been driving it, also he purchased the tag the day after receiving the ticket. After discussion, Jerry Mills made a motion that due to the fact Mr. Culberson had to pay the wrecker fee and take time off from work to purchase the tag, Council recommend to Judge Reeves the fine be reduced from $100.00 to $50.00. C. o. Canada seconded the motion and the vote was unanimous. Elbert Coalson made a motion the minutes of September 12, 1977 be approved as submitted. Jim Tolleson seconded the motion and the vote was unanimous. o Jerry Mills made a motion the minutes of September 19, 1977 be approved as submitted. Jim Hawkins seconded the motion and the vote was unanimous. Elbert Coalson made a motion the minutes of September 28, 1977 be approved as submitted. Jim Hawkins seconded the motion and the vote was unanimous. C. o. Canada made a motion the City Hall be open on Saturday, October 29th from 9 until 5, for the purpose of allowing citizens to vote an absentee ballot. Jim Hawkins seconded the motion and the vote was unanimous. Bill Darby stated the committee had met with two wrecker service companies, Barrow Wrecker Service and Billy Howard Wrecker Service and worked out an arrange- ment where the city would be divided in half, with one company working the north zone and one the south zone. After six (6) months they would reverse zones. Bill Darby made a motion the Mayor be authorized to enter into a contract with Barrow Wrecker Service and Billy Howard Wrecker Service, each covering one-half the city, effective tonight, October 17, 1977, at 11:00 p.m. C. o. Canada seconded the motion. Vote on the motion was six for and one against. Jim Hawkins voted ~ against, stating he voted before to award the contract and to vote for this motion would be inconsistent. Attorney Camp was advised to draw up the contract. Lloyd Ledbetter requested a left turn light at South Cobb Drive and Church Street. He was advised South Cobb Drive was a State road and any signal change would have to be approved by the State. Mayor Bacon asked Jim David to contact the State Highway Department and see what could be done. There being no further business the meeting was adjourned at 8:14 p.m. ~ / --t0~ tf. ~A/ WILLIAM F. DARBY, WARD 2 j /Zmh '7YI J~ 0JAMES M. HAWKINS, WARD 4 "-' ELBERT R. COALSON, WARD 6 ~ B. BENNETT, JR. I...