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November 7/10/16/21, 1977 Council Meeting RETURNS OF SMYRNA, GEORGIA CITY ELECTION NOVE:MBER I, 1977 election Managers to conduct this election. 8,934 REGISTERED 3,377 VOTING declare the 2,042 311 334 JIM HAWKINS JIM HOLMAN COUN CLARENCE - JACK SHINALL JIM SF ARKS 19 tft5 138 27 ELBERT COALSON DONALD L. JONES 231 65 REM B. BENNETT, JR. LINDA WELLS 484 451 fore certify to the Mayor and Council of the City of Smyrna, the election of tft2 ift3 114 Ip5 ty of the votes cast. REGISTERED 383 ~-~- ~~~- 191 231 65 Lt8L, 451 the election of: #3 #4 #5 Mayor and Council was held pursuant to the Charter November 7, 1977. The meeting was called to order T. Bacon at 7:30 o'clock p.m. All Councilmen Attorney Chuck Camp, City Clerk Willouise Spivey, Police Chief Everett Little, Fire Chief Don Atkinson, ranade, Ass Parks & Recreation Director Sherry ic Works Jim Da Director of Civil Defense Jim Farley he press. Invocation was by Elbert Coalson, followed by the pledge to the flag. Under Citize Drug Company dumpster in about this p em was not repaired. Since problem had been cleared Brissey reported a drainage from the dumpster at Smyrna Road. She said you had to step over debris from the store. Elbert Coalson said he talked to the owner ago and he promised to call him if the dumpster heard nothing from the store owner, he assumed the up. Dusty Bennett, Election Superintendent, read the results election returns, a copy of which will be made a part of Coalson made a motion the e eturns be certified. the motion and the vote was s. of tbe November 1, 1977 these minutes. Elbert C. O. Canada seconded C. O. Canada congratulated Jack Shinall, stating that he ran a good clean race and wished him well. a liquor licens said it was a p five to two. Jim Jerry T. Starnes reques Beverage. Wine and Liquor License to operate Pop's Package Store at Road. Rem Bennett stated an investigation by the Smyrna Police Department does not reflect any legal reason barring Jerry T. for a Malt Beverage. Wine and Liquor package store granted. C. O. Canada seconded the motion. id his interpretation of the ordinance was that a privilege. not a direct right. Attorney Camp cense. Vote on the motion to grant the licenses was and Jim Tolleson voted against the motion. Beverage and the m vote was six Drive. requested approval of a Wine (pouring) e new manager, John Nathan Brown, II, for both the Rem Bennett made a motion the wine license be ange approved. C. O. Canada seconded the motion Jim Hawkins opposed. Commercial building permits were presented by David Granade and upon his recommen- dation the following action is recorded: permit to remodel section G9. 2200 South Cobb Drive rn Shop. Plans were approved by the Fire Depart- C. O. Canada made a motion the permit be granted. ion and the vote was unanimous. a permit to build warehouses. facing Fleming Street. er. Plans were approved by the Fire Department rry Mills made a motion the permit be granted. C. o. and the vote was unanimous. Cannon (24 and all on da seconded build an apartment complex. consisting Street. These will be one and two bedroom Jerry Mills made a motion the permit be granted. and the vote was unanimous. G. Adams. Dist. Engineer. State Department 1977, which denied our request for a left Spring Road. Their observations at this inter- was not needed. They also requested that n Spring Road/Concord Road at SR 3 removed. providing ith left rurns for SR 3 traffic. Also. the advance 280 and Benson-Poole Road are to be removed. c movement can best be utilized by the through Jerry said he had contacted Mr. Adams and Committee. preferably the entire Council. in an need the turn signals already in operation at notify Council when the meeting has been set. Mayor Arthur Bacon repo the Ruff case. on a six t of e Ci gia had ruled against us in Smyrna has filed an appeal (Continuation of November 7, 1977 Meet~ng) said Bennett erty does not to rezone it. Mayor and agreed the city has already fighting this and the reason for appeal was in the state, if so desire, to help us. We We have heard from GMA, ARC. the cities of Moultr~e, Conyers, and there seems to be quite a bit of interest. Attorney Camp of amicus had already been filed by other .;:ities. Rem , that in layman's terms, the ruling means that if zoning any prop- hurt the health. safety or general welfare of a community, we have JerryM~~ls made a motion the minutes of October 3, 1977 be approved as submitted. Jim Hawkins seconded the motion and the vote was unanimous. Jim Tol~eson made a motion the minuteS of October 17. 1977 be approved as submitted. Jim Hawkins seconded the motion and the vote was unanimous. Committee Reports: Bill Darby stated we could be in trouble financially if a decision is not made on the tax digest soon. We need to collect some tax money before the first of the year. Jerry Mills, referring to the letter to the Cobb County General Assembly Delegation. stated he did not endorse item (1) Equitable approach to Sales Tax Option. He said he wou.~d sign the letter but wanted to go on record as being against sales tax. He also asked that another item "the city be allowed to have our own Tax Assessor" be added. Jim Hawkins asked Mayor and Council to meet with him on some Civil Defense matters immediately following this meeting. C. O. at 2 guest announced the groundbreaking for Les Charles Swimming Ppo1 would be . November 13. 1977 at King Springs Park. Conley Ingram will be the Ray L. Carter of Creative Ad Ideas, requested permission to fly his blimp, over the T&E Factory Outlet Store lo.;:ated in Hargrove Plaza, on a temporary ReIIlJ3",n):lett m.ade a motion a variance be granted, allowing Mr. Cartel;' to fly blimp to a height of 35 feet. for a period of 60 days, over the T&E Factory Store. Jim Tolleson seconded the motion and the vote was unanimous. 24' x 9'. basis. the Outlet Rem Bennett made a motion the city buy a Booster Club. listing the Mayor and all the motion and the vote was unanimous. this year. $100.00 ad from the Campbell High School seven Councilmen. Jim Tolleson seconded Campbell football team is in the playoffs reported that Sherry Reayis. Assistant Director of Parks and Recrea- .elected Fifth D~str~ct. Commissioner for the GeorgiCi Recreation and She was elected by Fifth District membership and was installed , November 3, 1977 at the Annual State Conference. Congratulations we're proud of you. last Sherry. C. O. Canada ma.de a motion to hear the appeal of the filed by Mark Rakestraw. on Novemher 21, 1977. Jim Hawkins and the vote was unanimous. s Court. motion the the November 13. reminded Council o.fthe"Legislative Review, sponsored by the Cobb of Commerce, Tuesday IIlorning at 8:00 a.m. at the Chamber building; for Phase II. King Springs. Park at 2:00 p.m., November 10th and ceremony for the Les Charles Swimming Pool at 2:00 p.m. on 1977. Brissey the inj case. Mayor Bacon s hearing. and since Ward 7 was represented in bar Rem Bennett from thought the injunction was Council vote was unanimous to deny. case any decision any vote Ward 7 is repre- There being no further business, meeting was adj ourned at 8: 10 p. m. ***************** ******'1< November 10, 1977 The bid Phase II, King Springs Park, was hel,d at City Hall. Smyrna. 10, 1977. The meeting was called to order by Mayor Protem o'clock p.m. Also present were Councilmen Elbert Coalson. ins. City Clerk Willouise Spivey, Finance Director Gunter Parks and Recreation Lee Silver, Architect Leroy Brownlee of companies bidding. Bids were opened by Leroy Brownlee. read. and are recorded as follows: CONTRACTOR BID BOND BASE BID CONSTRUCTION DEDUCT Foster & Cooper Fi reman s Fund $788.816 300 Calendar days $77,000 C. W. Matthews Travelers Ind. 810,000 240 Calendar days $80.030 J. W. Turner United Pacific 768.700 240 Calendar days $65,000 Mayor Protem Canada stated the bids would be checked out by Architect Leroy Brownlee and submitted to the Parks Committee. The Parks Committee will then make their recommendation to full Council, and the low bidder will be notified. Meeting adjourned at 2:15 p.m. ************************ A special called meeting of Mayor and Council was held at City Hall, Smyrna. Georgia on November 16, 1977 for the purpose of awarding the contract for Phase II, King Springs Park. The meeting was called to order by presiding officer Arthur T. Bacon at 12:00 o'clock noon. All Councilmen were present except ert Coalson. Also present was Finance Director Gunter Newsom and City Clerk Willouise Spivey. C. O. Canada the letter Construction Company. a motion authority be given Mayor Arthur T. Bacon to sign contract, in the amount of $768.000.00. to J. W. Turner Rem Bennett seconded the motion and the vote was unanimous. Meeting adjourned at 12:15 p.m. ************************ The regular scheduled Georgia on November Mayor Arthur T. of Mayor and Council was held at City Hall. Smyrna, The meeting was called to order by presiding Officer o'clock p.m. All Councilmen were present except minutes late. Also present was Chuck Camp. City Attorney. nance Director Gunter Newsom. Police Chief Everett , Building Inspector David Granade. Director of Assistant Superintendent of Public Works Vic Broyles press. Litt Park Recreation L and representatives of the Invocation was given by Jim Hawkins. followed by the pledge to the flag. Parks and Recreation Director Lee Silver introduced Tom Martin. President of the Georgia Recreational Park Society. Mr. Martin presented Harold Mason Cheshire with creational Park Society's 1977 Lay Award, for his devotion, interest and ip in promoting recreation in Smyrna. Hal is a member of the Parks and Recreation Commission and we appreciate his work and leadership. Mr. Martin also recognized Joe Bland who received the same award at the State Conference earlier this month. he pulled Court - Mark father. Polic Lynn Bell. a witness for the city. Dairy Queen and another car pulled City Attorney Chuck Camp G. M. McConnell and M. E. Mark Rakestraw stated out beside him and stayed (Continuation of November 21, 1977 Meeting) they both Ginos. The police officers pulled in Ginos and ticket for a "contest of speed." He said and not speed limit. He was drivi.ng a 1972 the other did not plead guilty in Recorder's a $55.00 fine. Lynn Bell, the other driver, said he was "contest of speed" and DUI, to which he pled guilty, was revving his motor and racing, although he did not know how fast he was going he was ridingside=by=side with Mark Rakestraw. He was driving a Pinto. Officer Houston stated he and Officer McConnell were on Jones Shaw Road and heard motors revved up and saw two cars speeding side-by-side up South Cobb Drive. The turned on South Cobb Drive and turned on their blue lights. The two cars into Gino's and the officers issued both drivers a ticket for a contest of speed. They felt both parties were equally guilty. McConnell stated they felt the traffic offense was serious enough to delay answering a domestic dispute call, which as a rule would take precedence over a traffic offense. Mark Rakestraw said he thought he was a victim of circumstances and was accused. Both Mark Rakestraw and Jeffery Lynn Bell were questioned Camp. C. O. Canada made a motion the decision of Recorders Court Elbert Coalson seconded the motion. During discussion Jerry Mills. and Jim Tolleson expressed doubt as to the guilt of Mark Rakestraw. stating they thought he might have gotten caught up in a situation over which he had no control. Vote on the motion to uphold the decision of Recorders Court lost. Hawkins, C. O. Canada and Elbert Coalson voted to uphold the Recorder's Court Rem Bennett, Ji.mTolleson and .Jerry Mills voted not to uphold. Bill Darby abstained because he did not hear all the discussion. Mayor Bacon cast the tie-breaking vote. not to uphold the decision of Recorder's Court. Jerry Mills then made a motion, seconded by Jim Tolleson, the fine be refunded to Mark Rakestraw and the case dismissed. Vote on the motion was five for, one against and one abstenti.on. Elbert Coalson voted against, Bill Darby abstained. read a letter from Attorney Ralph D. Vaughn asking for a hearing and City Council for the purpose of requesting that Jame!;; E. Jackson. The Barn, 1022-24 Cherokee Road, be specifically excluded frQmthe ohligation of Sanitation services from the City of Smyrna. Mayor BacQnrecommended we not fro'ffi the ordinance. that we would be setting a precedence. Jerry Mills made we give Mr. Jackson a chance tQ appear before the Sanitation Committee, they would be glad to explain the position of the city. Jim Hawkins seconded motion and the vote was unanimous. Commercial building permits were presented by Building Inspector David Granade and upon his recommendation the following action is recorded: (1) S'ffiyrna Container Company, 1794 Corn Road. requested a permit for an addition to be used as warehouse space. The plans met the requirements of the Fire Department, also the building codes. Rem Bennett made a motion the permit be granted. Jim Hawkins seconded the motion and the vote was unanimous. Finance Di.rector Gunter Newsom reported that on November 16, 1977, Judge Howell C. Cobb Superior Court, issued an order that the 1976 tax digest be used as the interim tax digest for 1977, that tax bills be in the mail by December I, 1977 and the due date for payment of taxes be December 20. 1977. It was further that all laws of the State of Georgia as to nonpayment of taxes and late payment of taxes shall be applicable. The 1976 tax digest will up from Cobb County in the morning and we shall have the city's bills 1. 1977. C. O. Canada reported the contract for Phase II. King Springs to J. W. Turner Construction Company. after being approved'by special meeting on November 16, 1977, in the amount of $768,000. around the second week in December. was awarded at a will begin made a motion, to as an ordinance, devices, all traffic lights, and speed limit sign!;;. as they now appear in the in the office of the'City Clerk and as new traffic Mayor and Council . they will be added to the list. the motion and the vote was unanimous. signs, list is control devices are C. O. Canada reported the Preparation team had completed cleanin,g Spring Road to South Cobb Drive and would start this week on Atlanta Road. expressed relief anin,terim tax digest was approved and warned that bills may be mailed out at a later date. on of November 21, 1977 Meeting) Jerry Mi11s reported an increase of $30.000 on our group insurance policy with stated he had met with the agents, Finance Director, Mayor, City councilmen and the decision was to stay with Prudential ies cannot give us any better prices. The old rate was ent, the new rate is $51.02, an increase of ed to il that effective January 1, 1978. pay $2.00 per week toward the premium. , just dependents, and there is increase was caused by inflation. with Prudential to get the due date of the will know of any increases before the new budget year. stay with Prudential and that employees desiring per week. Rem Bennett seconded the motion. Jim gain next year. and if any thought had ever er did not recommend we insure ourselves. rt Coalson made a motion to table this for further drew his second to the original motion. C. O. Canada seconded the motion to table. Jerry reported the insurance could be cancelled on Wednesday if a decision was not made. Vote on the motion to table was five to two. Jerry Mills and Bill Darby voted not to table. A meeting was called to discuss the group insurance. immediately following the council meeting. Jerry Mills said he and Jim Hawkins attended the CMA meeting in Austell on Tuesday night and the Ruff case was discussed thoroughly. He asked CMA to assist the City money wise and to combine efforts of all cities to oppose the court decision for the , and help to get a rehearing. CMA passed a Resolution cipal Association to support the City of Smyrna in 0 the State Supreme Court and if necessary to assess on a s for monetary support. A copy of the Resolution is to be forwarded to GMA and legislative groups in Cobb County. Jim use acquired another vehicle from the government, for artment, at no cost to the city. Bennett Woods Garden Club for the beautification and Springs Park this past Saturday. They will be also reminded everyone of the Lighting of the Park on December 6, ],977, 7:00 p.m. that Bank Street be closed from King Street to Atlanta p.m., during the Lighting of the Tree ceremony on Canada seconded the motion and the vote was unanimous. Rem Bennett made a 7:00 until 7 ,1977. C. O. st 18, 1977 we placed an order for four (4) Ford x to eight weeks. After the end of eight weeks livered on November 5th, then on December 5th. ready until January 5, 1978, then they must t Coalson made a motion Chief Little be given see what cars are available, even if we have O. Canada seconded the motion and the vote state deli sed the d and ty to check around and cars other than Fords. C. unanimous. Mayor Bacon said being bagged. dur and pine straw would be picked up at the curb, without t two weeks in December. property were r report for discussi appraisers. information Superior Court hearing on the Richard L. Lindwall case, Jim council we now have an appeal to the Georgia Supreme Court and that d not lost the case and asked that we not give motion ty Attorney ask for a delay on the Lindwall have the Lindwall property and the property next door to his as to its present value and the value if the Lindwall property d Zoning Board rehear the zoning request and what to do. Jerry Mills seconded the motion if we were setting a precedence in paying we have no choice since we have to get the said at the or 1 hearing of the Lindwall and Zoning Boa s not aware of the recent court the courts would put so much emphasis on the tion was unanimous. Under Input Street Roswell S the traffic backup on ade requested stop signs be put up on Spring another at the railroad crossing itself, thus relieving ng Street, which now yields to Roswell Street traffic. that they out. Kathy blocking the looked into th:is about cars parking anyone coming out of K:ing someth:ing of the (Continuation of November 21, 1977 Meeting) Clifton Road, the city build a retaining wall on property. She city damaged her property'Py Illoving a the roots of her The c:ity did bring her sQl1l~>dirt she it was not enough. Jim Hawkins told Mrs. Ch:ilds that he and Vic be at her house at 3:00 p.m. next Wednesday to see what could be done. Lee 13. the groundbreak.ing for Les Charles Swimm:ing PoolW?s November o' clock p. m. and. he presented Mayor and Counc:il Wit:h ground- in appreciatiop,.bf their work and efforts in get;ting.t;his Rem Bennett commended Lee Silver for hard work and dedication. project s Meeting adjourned at 9:00 p.m. ************************ November 21. 1977 A Spe<:::ial call~d meeting of MaY9r and Council. having been called waiver of time, .p;Lace and not:ice of meetip-gh~en given by all Councilmen and the Mayor. was called to order at 9:15 o'clock p.m. by Mayor Arthur T. Bacon. C. O. be Canada made a motion the first sentence of Section 14-6. Code of Ordinances, to read as follows: "It shall be the duty of the City M?r$hall to any person violating the prov:isions of this chapter that a hearing will before the governing body not less than ten (10) days from the date of said not:ice." Rem Bennett seconded the motion and was A discussion was had on the large increase in the premium for group w:ith Prudential Insurance Company. Jerry Mills said when he f:irst the he met with offic:ials of the company. then another November 9th, ap-d efforts were made to try and get the without reducing benefits. He said 212 employees were covered, coverage. Rem Bennett said he was for rebidding the Elbert Coalson asked if we had the authority to pay this rebidding. Mayor Bacon recommended we stay with Prudential, month. and rebid in March or April. Jerry Mills made a motion ip-surance in March or April. until then paying Prudential by the Darby seconded the Illation. Rem Bennett said he wanted to go on to reb:id the insurance as of this date. Vote on the motion was six for against. ~em Bennett voted aga:inst. Meeting adjourned at 9:50 p.m.