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January 9/23, 1978 Council Meeting CITY CLERK '-' I, Willouise C. Spivey , do solemnly swear that I will well and truly demean myself as City Clerk of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY CLERK act as I believe for the best interest of the said City. So help me God. c!c/~~ C' h City Clerk .. eal) Subscribed and sworn to before me this 9th day of January, 1978 ~ CITY ATTORNEY I, Charles E. Camp , do solemnly swear that I will well and t~uly demean myself as City Attorney of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY ATTORNEY act as I believe for the best interest of the said City. So help me God. City A~~~ (Seal) Subscribed and sworn to before me this 9th day of January, 1978 ~ .~ COURT RECORDER I, C. V. Reeves , do solemnly swear that I will well and truly demean myself as Court Recorder of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COURT RECORDER act as I believe for the best interest of said City. So help me God. ~ Court Recorder (Seal) o Subscribed and sworn to before me this 9th day of January, 1978 Superior Court MAYOR'S OATH OF OFFICE '-J I, Frank B. Johnson, Jr., do solemly swear that I will well and truly demean myself as Mayor of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as MAYOR act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 9th day of January, 1978 C~):;;r;-63 ~~L ~dge. Cobb Coun-y-Superlor Court ~ COUNCIU1AN I, James E. Tolleson, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. uncilman Ward 1 ~ames E. Tolleson Subscribed and sworn to before me this 9th day of January, 1978 ~ ~ COUNCILMAN I, William F. Darby, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. 4/~ ~:fj;;:;~ Councilman Ward 112 (Seal) William F. Darby .#' "" ~ Subscribed and sworn to before me this 9th day of January, 1978 COUNCILMAN I~ I, Jerry Mills, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. (Seal) Subscribed and sworn to before me this 9th day of January 1978 'w COUNCILMAN I, James M. Hawkins, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. ~:11 iI~ ouncilman Ward #4 James M. Hawkins (Seal) Subscribed and sworn to before me this 9th day of January, 1978 ~ ~ C;;;Z(.#~ '-- ~dge, Cobb- County Superior Court COUNCILMAN I, Jack L. Shinall, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. (Seal) ~ Subscribed and sworn to before me this 9th day of January, 1978 ~ Superlor Court j COUNCILMAN ~ I, Elbert Coalson, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. -- (Seal) Subscribed and sworn to before me this 9th day of January, 1978 f.J COUNCILMAN I, Rem B. Bennett, Jr., do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 9th day of January, 1978 ~ -.. ~ ~ CITY MARSHALL I, David H. Granade , so solemnly swear that I will well and truly demean myself as Marshall of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as MARSHALL act as I believe for the best interest of the said City. So help me God. (Seal) Subscribed and sworn to before me this 23rd day of January, 1978 --3;i;/Wh /rfr:;z~ ~ ~ v CLERK, CIVIL SERVICE BOARD I, Fred R. Maynard, so solemnly swear that I will well and truly demean myself as Clerk of the Civil Service Board of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter of said City to the best of my ability, without fear or favor, and in all my actions as CLERK OF THE CIVIL SERVICE BOARD act as I believe for the best interest of the said City. So help me God. c~1s~~a~ (Seal) Subscribed and sworn to before me this 23rd day of January, 1978 ~~((}MtAJllR- J L crnVI1 'oRf 'J.J.3:NN3JI 0 H WaR 9 crnVI1 'NOS1VDJ OR J.R3:H13: S' aWI1 'vaVNVJ 00 OJ ~ aRVI1 'SN1XMVH ow Sawvf Z crnVI1 'XHRva od vNI11Il1 1 crnVI1 'Nosa110J. 03: saWVf 1J 'X3AldS aS1il0111l1 d? ~7P ROXVW: 'NOJVH OJ. 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Johnson. He said he cherished and appreciated the vote the people of Smyrna gave him and he would not let them down. He then introduced all Councilmen and their families. .~ Judge James Bullard then administered the oath of office to Mayor Frank B. Johnson. Judge James Bullard administered the oath of office to the seven Councilmen: James E. Tolleson William F. Darby Jerry Mills James M. Hawkins Ward 1 Ward 2 Ward 3 Ward 4 Jack L. Shinall Elbert R. Coalson Rem B. Bennett, Jr. Ward 5 Ward 6 Ward 7 Bill Darby, on behalf of all Council, presented Mayor Johnson with a new gavel. Jack Shinall thanked the people of Ward 5 for electing him to represent them and asked for their help. The first official act of the new Administration.was to appoint the Recorder's Court Judge, City Attorney and City Clerk. Upon the recommendation of Mayor Frank Johnson, Rem Bennett made a motion C. V. Reeves be appointed Recorder's Court Judge. Bill Darby seconded the motion and the vote was unanimous. -~ On recommendation of Mayor Johnson, Jerry Mills made a motion Charles E. Camp be appointed City Attorney. Bill Darby seconded the motion and the vote was unanimous. On recommendation of Mayor Frank Johnson, Jim Hawkins made a motion Willouise Spivey be appointed as City Clerk. Jerry Mills seconded the motion and the vote was unanimous. Judge James Bullard administered the oath to: C. V. Reeves Charles E. Camp Willouise C. Spivey Recorders Court Judge City Attorney City Clerk Upon the recommendation of Mayor Frank Johnson, Rem Bennett made a motion Councilman Elbert Coalson be appointed Mayor Protem. Bill Darby seconded the motion and the vote was six for and one abstention. Elbert Coalson abstained. I 1 Mayor Johnson announced the following committee assignments: Finance & Administration & Purchasing Bill Darby (Chairman) Jack Shinall Jerry Mills 4.J Streets & Sanitation Jerry Mills ( Chairman) Rem Bennett Jim Hawkins Inspections Rem Bennett (Chairman) Jim Hawkins Jim Tolleson Parks & Recreation Jim Tolleson (Chairman) Rem Bennett Elbert Coalson Fire Department Jack Shinall (Chairman) Jim Hawkins ~ (Chairman) Elbert Coalson Jerry Mills Water Department Jack Shinall Bill Darby Police Department & Civil Defense Elbert Coalson (Chairman) Jim Hawkins Jerry Mills Public Works, Garage and Construction Rem Bennett (Chairman) Bill Darby Jim Tolleson .~ Employees Benefits and Insurance Jim Tolleson (Chairman) Elbert Coalson Rem Bennett Library Jim Hawkins (Chairman) Jim Tolleson Jack Shinall (Continuation of January 9, 1978 Meeting) Bill Darby made a motion the present Business License Schedule be approved for another year. Jerry Mills seconded the motion and the vote was unanimous. Bill Darby made a motion this administration acknowledge and approve a loan from the Commercial Bank of Cobb County for $250,000, made by the previous administra- tion. This loan was made to cover operating expenses and will be repaid when 1977 Ad Valorem taxes are received. Jim Hawkins seconded the motion and the vote was unanimous. ~ V Jerry Mills stated that Senator Joe Thompson had been working with the L & N Railroad and State Traffic and Safety Engineers for the last 18 months in an effort to get additional safety devices at the Spring Street grade crossing. His efforts paid off, and Jerry read a letter addressed to Senator Thompson, from State Traffic and Safety Engineer Archie C. Burnham, Jr., which read in part: "We continue to identify and ready for improvement, other locations in Cobb County at railroad-highway grade crossings. Some of the projects are advancing rapidly. For example, Spring Road has been authorized for implementation by the L & N Railroad at a cost of $33,000. Due to backlog of work and seasonal variations, it is likely that this work will be completed by June or July 1978." Mayor and Council thanked Senator Thompson, who was in the audience. Also recognized was Representative Ken Nix and Civil Service Board member Ray Brooks. Mr. McCoy of Carolyn Drive was recognized by Mayor Johnson. Mr. McCoy wanted to discuss the decision to rezone property located at Spring Road and Carolyn Drive. He asked the zoning be reconsidered and said he did not feel Judge Ravan's statement was an order. Mayor Johnson said he had not heard all the evidence and did not want a full-fledged zoning hearing tonight. Jim Tolleson said he felt the property was zoned illegally and would like clarification. Jim Tolleson made a motion that Council authorize Attorney Camp to file an informal petition asking for clarification of the order and legality of the zoning. Jim Hawkins seconded the motion and the vote was unanimous. ---- o There being no other business the meeting was adjourned at 8:30 p.m. ************************* January 23, 1978 The regularly scheduled meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on January 23, 1978. The meeting was called to order by Mayor Frank Johnson at 7:30 o'clock p.m. All Councilmen were present. Also present was City Attorney Charles Camp, City Clerk Wi110uise Spivey, Director of Finance and Administration Gunter Newsom, Director of Parks and Recreation Lee Silver, \.) Building Inspector David Granade, Fire Chief Don Atkinson, Director of Public ~ Works Jim David and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Charles McCoy of Carolyn Drive asked what information Attorney Camp had on the court order concerning the Lindwa11 zoning. Attorney Camp said he had discussed this order with Judge Ravan and was advised it was not necessary to readvertize the property since he considered it a remand to the city. Judge Ravan said he made the action of the council the order of the court. Mr. McCoy said the people of Ward 1 felt they had been treated wrong, and that we should have fought this case in court as we did the Ruff case. Bill McCard, President of Smyrna Lion's Club, and Gene Jernigan, Past President, presented Mayor and Council with the City Flag. The Lions Club sponsored a contest on the design of the flag. Mayor Johnson thanked the Smyrna Lions Club for undertaking this project and stated the flag was beautiful and would certainly be an asset to the city. Rem Bennett read letters from Police Chief R. E. Little and City Inspector David Granade stating they could see no reason the applicants listed below should not be granted licenses. ---. v Management change only - Rem Bennett made a motion a Beer Retail Package License be granted to Chol Ki Min, Smyrna Market, 3350 South Cobb Drive. Bill Darby seconded the motion and the vote was unanimous. ~'- ~. ~ ~ o -' (Continuation of January 23, 1978 Meeting) Management change only - Rem Bennett made a motion a Beer and Wine Package License be granted to Franklin D. Byrley, Majik Market #09117, 2640 Herodian Way. Jerry Mills seconded the motion and the vote was unanimous. Management change only - Rem Bennett made a motion a Beer and Wine Package License be granted to Franklin D. Byrley, Majik Market #09049, 2498 Spring Road. Jerry Mills seconded the motion and the vote was unanimous. Management change only - Rem Bennett made a motion a Beer and Wine Package License be granted to Clifford E. McKnight, A & P Grocery, 2532 Atlanta Street. Jack Shinall seconded the motion and the vote was unanimous. Management change only - Rem Bennett made a motion a Beer Retail Pouring License be issued to Mary C. Menendez, Tony's Pizza, 1024 Cherokee Road. Jerry Mills seconded the motion and the vote was unanimous. Bids for twenty-five (25) dozen softballs were opened, read and are recorded as follows: Ronco Sports Center, Smyrna Reeder & McGaughey, Inc., E. Point Hickok's Sporting Goods, Atlanta $31. 95 per dozen $31.95 per dozen $29.95 per dozen (FOB Toco Hills Store) Jim Tolleson made a motion the bids be turned over to the Parks Committee, with authority to act. Bill Darby seconded the 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) Arthur T. Bacon requested a permit and variance to build a metal building on Jonquil Drive. The rear set back line does not meet the ordinance, but the building would be in line with existing building. Attached to the application was a letter signed by Jerry T. Starnes and L. David Young, adjoining property owners, stating they had no objection to the building being erected approximately two feet from the property line. Rem Bennett made a motion the permit and variance be approved. Jerry Mills seconded the motion. Bill Darby asked David to check out the drainage to be sure water was not dumped on the Starnes property. Vote on the motion was unanimous. Jerry Mills made a motion the Ridgeview Institute Resolution be brought off table. Rem Bennett seconded the motion and the vote was unanimous. Mayor Johnson read the original motion, which was a request from Robert M. Fink that Mayor and Council sign a Resolution approving an $8,000,000 Bond Issue, to be used for an office bUilding. Approximately 50 percent of the building will be leased to psychiatrists and psychologists practicing at Ridgeview Institute. There had been questions from some of the councilmen, as well as other office building owners, as to why the proposed office building would not be taxed. Mayor and Council met with the Directors of Ridgeview Institute on two occasions and were brought up to date on the operations and by-laws of the hospital. The institute is a tax-exempt organization; therefore cannot pay tax on any part of the building. Mayor Johnson read a letter from Mr. Fink, dated January 20, 1978, stating the corporation pledges to make a voluntary annual payment to the City of Smyrna equal to the amount of property tax the corporation would be required to pay on the rented portion of the office building, had the corporation not qualified for an exemption. Jerry Mills made a motion the Resolution be approved as read at a previous meeting. Elbert Coalson seconded the motion. Jerry Mills made a motion the following amendments to the motion be approved: a copy of the above Resolution, a copy of the original Resolution dated January 21, 1974, a copy of the minutes of a special meeting of the Board of Directors of Ridgeview dated August 8, 1975, a copy of the By-laws and a copy of the letter from Robert M. Fink dated January 20, 1978 be made a part of these minutes. Motion was seconded by Elbert Coalson. Jim Hawkins said he thought the hospital was an asset to the city and was glad to have it in Smyrna. Jack Shinall asked Robert Fink if the present Mayor would go on the Board as Chairman, if the present Mayor at any time would be Chairman of the Board, and if the issuance of new bonds would not delay the time the hospital would be tenured to the city. Mr. Fink answered yes to all questions. Bill Darby went on record as stating he was not in favor of us accepting this contribution, as we do not require one from other non-profit organizations in the city. Rem Bennett asked Mr. Fink if this was strictly a voluntary contribution. Mr. Fink said it was truly a voluntary payment instigated on behalf of the Institute to avoid any misinterpretation and an offer to extend cooperation with the city. Jack Shinall stated that he had I I , I I I I (Continuation of January 23, 1978 Meeting) expressed to Mr. Fink and John Porterfield he believed there was plenty of office space already in the city and he felt some agreement should be worked out and he thought this an outstanding offer from Ridgeview, but unless it is voluntary, he does not want them to make it. Mayor Johnson said the intent of the Institute is to become a part of the records and later could be deemed if absolutely necessary. John C. Porterfield asked it be made part of the record that the presiding Mayor of Smyrna would be asked to serve as Chairman of the Board, but if he should decline, there would be nothing they could do. Mayor Johnson said we had a motion on the floor to approve the resolution another to amend by adding these documents to the main motion. Vote on the amendment and the main motion was unanimous. .... ~ Jim Hawkins made a motion the Helen Pace Thompson, Walker/Matthews Street property, for which the city had an option to purchase as an industrial park not be purchased. Jerry Mills seconded the motion. During discussion, the reasons listed in the draft from Presnell Kidd & Associates, who did not recommend an industrial park in this area, were the reasons given. Vote on the motion was unanimous. - The request by Cobb County Board of Education for a quit-claim deed on the dedicated 40' roadway through their property from Ward Street to Wayland Court was discussed. This roadway, dedicated to the City of Smyrna in 1959, was never developed and the Board of Education would like to develop this area into two softball fields, a soccer field, and a driver education course. Lee Silver, Director of Parks and Recreation stated the problem is the existing roadway, dividing the city park and the Board of Education property. Through the years the street has moved itself over on County property and now they want to build a sixteen foot street, eight feet on county property, eight feet on city property. This would necessitate a retaining wall to keep water from flooding our tennis courts. Also, three Georgia Power security poles would have to be relocated on our property. We also need to be sure the roadway they build would blend in with the road to the Smyrna Athletic Association building, providing them access. Jim Tolleson made a motion the quit-claim deed be granted as requested. Jerry Mills seconded the motion. Jerry said he wanted to make sure they paid all cost involved for the poles being moved, attorney fees, the quit-claim deed and that it would be no cost to the city. In answer to Jack Shinall's question, Lee Silver said he did not think the soccer field would be lighted, part of the area would be fenced, but not the road side. Bill Darby made a motion this be tabled until a representative of the School Board is present to answer questions. Vote on the motion to table was six to one. Jim Tolleson voted not to table. o On recommendation of Mayor Frank Johnson, Rem Bennett made a motion David Granade be reappointed as City Marshall. Jim Hawkins seconded the motion and the vote was unanimous. The oath of office was administered by Mayor Johnson. On recommendation of Mayor Frank Johnson, Rem Bennett made a Maynard be reappointed as Clerk of the Civil Service Board. seconded the motion and the vote was unanimous. The oath of istered by Mayor Johnson. motion Fred R. Jack Shinall office was admin- o Mayor Johnson introduced Ray Brooks, newly appointed member of the Civil Service Board. Mr. Brooks will fill the unexpired term of Frank Johnson. The effective date of the appointment was January 6, ~977 and will expire on July 28, 1979. Earle Cochran was appointed by the Civil Service Board as Chairman, effective January 9, 1978. Mayor Johnson recognized the third member of the Board, Mr. Roy Free and thanked him for an outstanding job. Jim Tolleson stated the Certified City Committee has worked hard and long in an effort to be selected a Certified City. One big project was the beautification of the triangle at Atlanta Road and Memorial Place. Mr. Tolleson introduced Bruce Holiday who showed a plan he had drawn for the triangle, including side- walks, trees, grass, lighting, etc. Mr. Tolleson made a motion we spend $1400 from State Grant Funds for the curb, gutters, and prewiring. Rem Bennett seconded the motion. After discussion on the amount of money required, vote on the motion was unanimous. Bill Darby stated he wanted to have a mid-year finance meeting within the next two weeks. \....' Bill Darby made a motion that Smyrna Mayor and Council go on record and pass a Resolution against the recall petition. The Commissioners have done what they (Continuation of January 23, 1978 Meeting) had to do, are working to resolve the problems of reassessments and at this time, he is going on record supporting the County Commissioners. Jerry Mills seconded the motion for discussion. Jim Hawkins stated he did not think Mayor and Council should express an opinion, one way or the other, since they would be speaking for the city, and asked the other councilmen to abstain from voting. Bill Darby said he would be voting a personal opinion, as he would expect all the people of the city to do. Jack Shinall said that he would support the Resolution, but that it would be strictly a personal vote, because he did not feel that he could vote for all the people of Ward 5, and that he would agree with Jim Hawkins that he did not think it appropriate. Elbert Coalson said he did not know how the residents of Ward 6 feel, but that he would take a stand and vote his personal opinion. Vote on the motion was four for the motion and three abstained. Rem Bennett, Jim Hawkins and Jim Tolleson abstained. ~ Jim Hawkins stated there would be a meeting of the Library Committee at 4:30 p.m. on Friday at the Library; a Fire Committee meeting will be held at the Fire Department tomorrow evening at 6:00 p.m. Elbert Coalson read a letter from Lee Silver announcing the Jonquil Festival 10,000 Meter Road Race and the Novice Road Race, sponsored by the Smyrna Parks and Recreation Department, in conjunction with the Atlanta Track Club and Jonquil Sporting Goods, starting at 8:45 a.m. and finishing around 12:00 noon on May 20th. Elbert Coalson made a motion the Smyrna Police Department and the Smyrna Civil Defense assist with road detouring during the race. Bill Darby seconded the motion and the vote was unanimous. William MacKenna is the Meet Director (..J and has met with Chief Little on the course. William (Bill) MacKenna thanked Mayor and Council for their approval for the races. There being no other business, meeting was adjourned at 8:50 p.m. ~~ '. 'r/',t/M.. ~aM ./' F' K B. JOHNSON, YOR - JAMES E. TOLLESON, WARD 1 ~ REN B. BENNETT, JR., WARD 7 ~ dJ~cZ~ WILLOUISE C. SPIVEY, Y CLE WILLIAM F. DARBY, WARD 2 ~~~I'~ ELBERT R. COALSON, WARD 6