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March 3/20, 1978 Council Meeting CITY MARSHALL do solemnly swear that I will as of the City of Smyrna for that I will faithfully enforce the Charter and to the best of my ability, without fear or actions as MARSHALL act as I believe for the said City. SUbscribed me this (Seal) CITY MARSHALL do solemnly swear that I will of the City of Smyrna for I will faithfully enforce the Charter and the best of my ability, without fear or as MARSHALL act as I believe for the best So help me God. The regular scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia. on March 13, 1978. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance & Administration Director Gunter Newsom, Building Inspectorl Marshall David Granade, Parks & Recreation Director Lee Silver, Police Chief Everett Little, Fire Chief Don Atkinson, Director of Civil Defense Jim Farley, Public Works Director James E. David and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Lewis Reagin, representing the Smyrna Lions Club, reported April Lions "White Cane Day." He asked permission to solicit funds at the intersection of South Cobb Drive and Cherokee Road from 10:00 a.m. until 2:00 p.m. on that date, and also that this day be designated as Sight Conservation Day. Jack Shinall made a motion the permission be granted. Jerry Mills seconded the motion and the vote was unanimous. C. O. Canada said the zoning ordinance, as per the buffer zones, was not by the Cobb County School Board on the property adjoining Wayland Court, wanted to know what was being done. He was advised that Mr. Howard from Board was present and this would be discussed later in the meeting. followed and he the School Ms. Grady Kay with the Smyrna Community Theater thanked Mayor and Council for the support they have received from the city. The theater is in its fourth year, three shows per year. At the present time the membership numbers approximately 180. Parts of one play, "Auntie Mame", was shown to Mayor and Council, and they commended Ms. Kay and the entire Smyrna Community Theater group for their excellent perfor- mances. Jim Tolleson stated that Dan Scoggins, representing the Smyrna Optimist Club, came before the Parks and Recreation Commission with a proposal to build a pavilion at King Springs Park, financed jointly by the Smyrna Optimist Club and the City of Smyrna. The Optimist Club would make their money through ball tournaments. At the present time they pay $10.00 per hour for maintenance during tournaments. They asked this fee be waived in order to finance this project. A motion was made by Jim Tolleson to waive the $10.00 per hour fee for the Optimist Club. Elbert Coalson seconded the motion and the vote was six for and one abstention. Jim Hawkins ab- stained since he is a member of the Optimist Club. Jim Tolleson read a letter he had written to Dan Scoggins as follows: "Mr. Dan Scoggi.ns President, Smyrna Optimist Club 3324 Ann Road, S. E. Smyrna, Georgia 30080 Dear Mr. Scoggins: -The City of Smyrna is indeed grateful for the continuous support that your organ- ization has provided to Smyrna Parks and Recreation Department, as well as to the general welfare of the Smyrna citizens. As a follow-up to our meeting, Smyrna Mayor and Council applaude your group's desire to construct a group picnic pavilion to accommodate 100 individuals made out of laminated beams to be erected at Smyrna's King Springs Park, adjacent to the playground area. Neither Smyrna Optimist Club or the City of Smyrna has available funds to construct a quality pavilion and size that is so desperately needed. Therefore, acting with consent of the Parks and Recreation Committee, Commission and City Council that the Smyrna Optimist Club and the City of Smyrna jointly construct the paVilion which you have tentatively designed and final design will be brought before Smyrna Parks and Recreation Commission and City Council for final approval. City of Smyrna has approved $4800 out of the Parks and Recreation Revenue expenditures to be spent on this joint project in which also the City of ill provide some assistance with clearing and grading the area and other assistance as possible. In behalf of the City of Smyrna and its residents, we thank YOQ joining with us in this joint project." Sincerely, James E. Tolleson Chairman, Parks & Recreation Committee of City Council-- (Continuation of March 13, 1978 Meeting) A motion made by Jim Tolleson, seconded by Jim Hawkins to appropriate $4800 from Sharing Funds to be used to build the pavilion. Vote on the motion was unanimous. 1974 Ford Bids for four (4) surplus vehicles were opened, read and are recorded as follows: 1_965 PU 1967 PU 1976 Ford Pucket Auto Sales, Austell Leroy Smith $365.00 $475.00 $105.00 Elbert made a motion the vehicles be awarded to the highest bidder. Motion died for lack of a second. Rem Bennett made a motion the bids be turned over to the Garage Committee with authority to act. Jerry Mills seconded the motion and the vote was unanimous. Bids for one surplus 1957 GMC Civil Defense Rescue truck were opened. read and are recorded as follows: 1957 Charles B. King, Acworth Samuel A. Mosher. Roswell Donald A. Wilson, Morrow Tommy Bonds - 949-5305 home, 942-9941 office Irvin C. Jones, Marietta S. M. Jones, Dallas Tom Bales, Smyrna William J . Kelly , Jr., Marietta Donald Cox. Alpharetta Thomas W. Leggett, Hiram Don McLance, Fairburn Harold E. Hargett, Marietta C. J. Ellis, 266-7935 Equipment Doctors. Inc., Norcross GMC - Civil Defense $557.00 351.00 300.00 853.00 260.00 260.00 605.00 831.00 800.00 456.00 150.00 226.25 276.01 250.00 Jerry Mills made a motion the bids be turned over to the Garage Committee with authority to act. Jim Hawkins seconded the motion and the vote was unanimous. Bids for a winch for a Civil Defense truck were opened, read and recorded as follows: Interstate Truck Equipment, College Park Wm. & Harvey Rowland of Ga., Atlanta Southern Ambulance Builders, LaGrange Ramsey Winch, mounted ... $770.00 (Viking winch, 8000 lb. capacity Roller guide, mounting kit, 2 Controls, 150' cable with hook mounted) $675.00 Ramsey Model #2001, 12 volt. 8000 lb. line pull winch with 4-way roller guide and 150 ft. of 5/16 in. Cable and 2 remote control cables $629.00 Bumper kit not but will modify and mount on truck for approximately $100.00 Ramsey # 200 1 Winch only... $ 59 9 . 00 (not mounted) made a motion bids be referred to the Civil Defense Committee for Bill Darby seconded the motion and the vote was unanimous. review. Bids for manikins to be used in Civil Defense CPR training were opened, read and are as follows: Armstrong Industries, Lilburn Southen~ Ambulance. LaGrange Safety Equipment, Rockford, II. Products, Jacksonvi.lle. Fla. Equipment, Ballentine. S.C. Inc., Carlsbad, Charles Co., #200000 #110000 #060000 875.00 382.00 153.00 877.50 382.50 139.50 913.00 39 8 . 00 170.00 900.00 390.00 160.00 907.00 403 . 00 163.00 825.00 398.00 130.00 (Continuation of March 13, 1978 Meeting) Elbert Coalson made a motion the bids be turned over to the Civil Defense Committee with authority to act. Rem Bennett seconded the motion and the vote was unanimous. Bids for grass seeds and fertilizer for the parks were opened, read and are re- corded as follows: Pike Nuseries, Marietta Green Bros. #8, 973-6010 $1645.00 1820.00 $220.00 240.00 $216.00 250.00 Jim Hawkins made a motion the bids be turned over to the Parks and Recreation Committee with authority to act. Jim Tolleson seconded the motion and the vote was unanimous. Mayor Johnson reported that Attorney Berl Tate advised the city could be relieved of liability in the Kowalski Vs. City of Smyrna case for the sum of $500.00 paid to Phillip Mark Kowalski and his attorney. Cobb County is to pay $1,000. Elbert Coalson made a motion the pay $500.00 and be relieved form all liability in the Kowalski case. Jerry seconded the motion. During discussion Jerry Mills said the only reason he would vote for the motion was because the city attorney advised this would be in the best interest of the city, but personally he was against it. Jack Shinall felt the same way. Vote on the motion was unanimous. Building Inspector David Granade read a letter from William C. Waldrep as follows: "Mr. David Granade Building Inspector City of Smyrna Smyrna, Georgia RE: Wills/Nash L~P.W. Project #77-58-52 Dear Mr. Granade: In reference to our meeting of February 21, 1978, at your office with Mr. Richard Willis of Willis and Wiley Engineers, concerning the project on Ward Street, the following is our understanding of our obligations regarding City Ordinance Article 5 Section 503 -"Buffer Strip." We will install a 10 foot wide buffer strip composed of evergreen trees or shrubs which shall attain a height of 6 feet in three years along our property line where we abut a residential or multi-family district. We will leave a natural buffer of undisturbed trees on the south property line which runs approximately 370 feet east from our west property line and will be approximately 40 feet wide. In reference to the public drive into the park, the following was noted. We will grade the road to drain to the south side and install a catch basin and pipe under the road to carry the water to the existing drainage ditch. It is our understanding that this would involve some work on City property and that the City will grant us permission to carry out this work. Two security lights need to be relocated along tbe drive and we agree to pay any expenses to Georgia Power that they may require. Again, we request permission from the City to relocate these lights. We are requiring sedimentation control to be provided by the contractor and Richard Willis, the e ineer, has assured us that sedimentation will not cause any problems on the City's courts. He will provide field inspection on the project and will require the contractor to prevent, maintain and correct any problems caused during the construction by erosion or sedimentation. We hope that the above meets with your approval and that we can proceed with the work so that we can provide this needed facility for the students at Wills and Nash. If Very truly yours, William C. Waldrep, P.E. Civil Engineer cc: Willis and Wiley Engineers Mr. Kermi t Keenum Mr. James Howard File Reading ( of March 13. 1978 Meeting) dat:i.on building permits by David Granade and upon his recommen- following action (1) Cobb County Board of Educat:Lon requested a permit to improve the vacant property on Ward Street across from Nash Middle School. Plans called for two softball fields., soccer f:i.eld and a driving range. Rem Bennett made a motion the be approved, with the above stipulations and agreements. Jerry Mills motion and the vote was unanimous. Jack Shinall made a motion the request by the Board of Education for a quit-claim deed be removed from table. Jerry Mills seconded the motion and the vote was Jack Shinall made a motion the request for a quit-claim deed to the roadway through the school property, but owned by the city, be approved. Jim Tolleson seconded the motion and the vote was unanimous. Mr. Howard of the School Board apologized for the mixup, stating the contractor did not follow through. in reporting on League of Cities Conference explained Municipal Association all the cities in Cobb County, the Municipal Association :i.s up of all the cities in the State of Georgia League of Cities :Lncludes groups from all the states in the nation. than 2000 delegates attended seminars of all kinds, had an opportunity to people from other cities. got some good ideas we can put to use, and he the money was well spent. Jim Hawkins made a motion the minutes of February 6, 1978 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Jim Tolleson made a motion the minutes of February 20, 1978 be approved as sub- mitted. Bill Darby seconded the motion and the vote was unanimous. Rem Bennett reported that on February 2. 1976 a motion was made to increase the number serving on the Planning and Zoning Board from five to seven members. Members would serve staggered terms. The Planning and Zoning Board has recommended the terms be staggered as follows: - Members from Wards 1, 2. 4 and 7 terms to expire December 31. 1978 - Members from Wards 3, 5 and 6 - terms to expire December 31, 1979 As terms expire, Mayor and Council will appoint members for two year terms. be made a motion the recommendation of the Planning and Zoning Board Elbert Coalson seconded the motion and the vote was unanimous. A motion was made by Rem Bennett the number of the Planning and Zoning Board be from seven (7) to eight (8) members. One member from each of the and one to serve at pleasure of the Mayor. The Cha:i.rman of the not have a vote unless to break a tie vote. Jerry Mills seconded the the vote was unanimous. Committee Reports: Jim Tolleson said he would attend the meeting of the Smyrna Athletic Association on Tuesday night, at King Springs School. Bill D",rby said Gunter Newsom, Director of Finance and Administration, wil.l be starting budget planning within the next few weeks. any vote made a motion that Edward Bessette, Sanitation be appointed Marshall to enforce all ordinances in the sanitation departm",nt, or in if requested to do so. Jim Hawkins seconded the motion and the unanimous. Edward T. Bessette was sworn in by Mayor Frank Johnson and the appointment is effective immediately. Jerry Mills made a motion $3500.00 be allocated to buy 300 feet of pipe for King Springs Park. Jim Tolleson seconded the motion and the vote was unanimous. Jerry Mills asked all Councilmen to turn in the name of the person in their ward to appoint to the Zoning Appeals Board at the April 3, 1978 Council and made a motion the city attorney meet with these appointees and get worked out. Rem Bennett seconded the motion and the vote was unanimous. reported he was to meet with the Cobb County p.m. when sidewalk and curb and gutter contracts are of Cherokee Road should begin within a week. tomorrow be awarded. (Continuation of March 13, 1978 Meeting) Jerry Mills said the Public Works Department and the Police Department recommended changing the parking on Sanford Place from vertical to parallel, from the drive- way to the concession stand to Powder Springs Street. He made a motion their recommendation be approved. Jim Hawkins seconded the motion and the vote was unanimous. Jim Hawkins made a motion an additional position be created in the Fire Prevention Bureau with the rank of Lieutenant. Jack Shinall seconded the motion and the vote was unanimous. The Civil Service Board will be asked to set up the exams. Jim Hawkins also reported three houses on Ventura Road would be burned on March 16, 1978. This will be a metro area practice. There will be an investigation on how each fire started, etc. He asked all council members to be there if possible. Jack Shinall made a motion that bids be requested for one (1) cab and chassis for the Water Department. The body of truck 1121 will be retained. Jerry Mills seconded the motion and the vote was unanimous. Rem Bennett reported that David Granade would submit his resignation on March 20, 1978, effective in two weeks. He commended David on the good job he had done. Rem said Johnny Steely, who could not take the job on a full-time basis, is well qualified and had agreed to work on a part-time basis until a building inspector could be hired. Rem made a motion that Johnny Steely be appointed as Acting City Inspector, effective Monday morning. The committee will get together on the fee to be paid. Jim Hawkins seconded the motion and the vote was unanimous. There being no further business the meeting was adjourned at 9:00 p.m. ************************ March 20, 1978 The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on March 20, 1978. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance & Administration Director Gunter Newsom, Parks & Recreation Director Lee Silver, Building Inspector David Granade, Police Chief E. R. Little, Fire Chief Don Atkinson, Public Works Director Jim David and representatives of the press. Invocation was given by Councilman Jim Tolleso1),followed by the pledge to the flBg. On motion by Jim Hawkins, seconded by Bill Darby, a license S. Jenkins, Belmont Pawn Shop, 2538 Atlanta Street. The 7-0 vote. On motion by Jim Hawkins, seconded by Jerry Mills, a license was approved for Jay Wallace, The Scavenger's Nest (Pawn Broker), 2510 Atlanta Street. The motion carried 7-0. The request for a Security Investigators License, Parker & Poole Association. 645 Cherokee Road, John R. Mann, applicant. was delayed until later in the meeting. Commercial. Jack Shinall F. Russell Davis. Jr. and J. Gadsden Russell requested property 523, 1295 Concord Road, be rezoned from Future Commercial to Limited Jim Hawkins made a motion 1295 Concord Road be rezoned as requested. seconded the motion which carried 7-0. The request to rezone property on Cherokee Road by Marion E. Mann was delayed until later in the meeting. Jim Tolleson introduced Sherry Reavis and made a motion she be appointed as Acting Director of Parks and Recreation, effective March 23, 1978, until a new Director is hired. Rem Bennett seconded the motion and the vote was 7-0. Jim Tolleson made a motion swimming pool fees, day camp fees and pool hours be approved as follows: (Continuation of March 20, 1978 Meeting) * Summer Day Camp Fee $28.00 * Summer Swimming Pool Fee: 0-3 years 4-12 years 12 and above Free .35'; .75.; * Summer Pool Operating Hours Monday-Friday Saturday Sunday 1:00 11:00 2:00 6:00 p.m. 6:00 p.m. 6:00 p.m. * Pool Rental Fee (base) Lifeguard $25.00 6.50 per hour * Summer Pool Admission Fee Family Season Pass (Smyrna residents only) Individual Season Pass (Smyrna residents only) 9.00 per person 37.00 20.00 Jerry Mills seconded the motion and the vote was unanimous. Jim Tolleson made a motion the revised Park Rules and Regulations be approved as amended" effective May 3, 1978. Jerry Mills seconded the motion and the vote was unanimous. Commercial building permits were submitted by David Granade and upon his recommen- dations the following action is recorded: (1) A building permit was requested to sub-divide the Miracle Theatre, 2540 South Cobb Drive into two mini~theatres. The Fire Prevention Bureau had approved the plans and he recommended the permit be granted. Rem Bennett made a motion the building permit be approved. Jack Shinall seconded the motion and the vote carried 7-0. David Granade read letters of resignation as City Inspector and City Marshall, effective March 31, 1978. Mayor Johnson expressed regrets that he was leaving and him well in his new position. Rem Bennett made a motion the resig- nation of David Granade be accepted. Jerry Mills seconded the motion and the vote was unanimous. The City Marshall's badge was turned in to the City Clerk. Jerry Mills asked David Granade if a permit had been issued for the building on the used car lot on South Cobb Drive, next to Sexton's Tires. David said this was structure and no permit was required. Discussion followed and it was the decision of council that something should be done to ..limit the time a temporary structure could be used. Rem Bennett is to work with the License Department on this. Jim Tolleson made a motion a Resolution encouraging theGovernpr of Ceorgia. to sign a law recently passed by the Georgia General Assembly prohibiting the operation of businesses which invite and'solicit interest and 'activity us~ng sub- stances which are illegal in this State (Head Shops), be approved. Jerry Mills seconded the motion and the was unanimous. The Resolution will be mailed to Governor Busbee tomorrow. a letter form Allen Potter, Jr. submitting his resignation and Zoning Board. He stated he was appointed to represent though he is a resident of Ward 7, and he felt it would be in the best of the city for him to resign and allow this position to by a of Ward 5. Jim Hawkins made a motion.. this resignation be accepted. Elbert Coalson seconded the motion which' carried 7~0. Jack Shinall made a motion William C. Nall, 759 Lynwood Drive, be appointed to the Planning and Zoning Board, representing Ward 5. Rem Bennett seconded the motion which carried 7-0. Mayor made a recommendation that Allen Potter, Jr. be appointed to the and Zoning Board, serving at the pleasure of the Mayor. Mills made a motion Allen Potter be appointed to the Planning and Zoning Board. Jim Hawkins seconded the motion and the vote was unanimous. (Continuation of March 20, 1978 Meeting) A motion was made by Jack Shinall, seconded by Jerry Mills, the meeting be recessed for a period of five minutes. The motion carried. The first order of business after the meeting reconvened was the request for a privileged license for Security Investigators, Parker and Poole Association, 645 Cherokee Road, John Mann, applicant. After discussion Rem Bennett made a motion the license be granted. Elbert Coalson seconded the motion and the vote was unanimous. Elbert Coalson made a motion the request by Marion E. Mann to rezone property located in LL 374, 629. 645, 653 Cherokee Road, be tabled until the next council meeting. The motion was seconded by Jack Shinall and the vote was unanimous. Rem Bennett asked all councilmen to study the final draft to the buffer requirements of the Zoning Ordinance. He would like for the amendments to be approved at the next council meeting. Police & Civil Defens ttee - Elbert Coalson read a letter from Civil Defense Director Jim Farley as ission to get a Blood Drive Award Plaque for city employees. The department with the largest number of employees giving blood, percentage wise, would have their department engraved on the plaque and get to keep it until the next blood drive. The project was approved and Mr. Coalson asked Willouise Spivey to work out the details with Jim Farley. Police Chief Little said he had been notified the new cars were en route and we should have them within the next few days. ment. - Jack Shinall reported Attorney Charles Camp was working on an should enable us to salvage some of the losses in the Water Depart- Hopefully this will be ready by the next council meeting. Fire Committee Jim Hawkins made a motion approval be given for the Cobb County March of Dimes Walkathon, which will originate in our city on April 1, 1978. Jerry Mills seconded the motion and the vote was unanimous. Jim reported the burning and fire fighting practices on houses on Ventura Road was very successful. He and Bill Darby set the fires, firefighters put out the fire, and the arsen teams investigated to find the cause of the fires. A mock trial will be held at 10:00 a.m. on March 30, 1978 in the Court Room at the Police Station. Judge Lowe from DeKalb County will preside, with the jury being composed of three honor students from Wills High School and three honor students from Campbell High School. Everyone was invited to the trial. Jerry Mills made a motion no-parking signs be put up on Love Road to tbe end of Love. Jim Hawkins seconded the motion. Residents of the street had signed a petition asking for the signs and it is to be made a part of these minutes. After discussion, the motion carried 7-0. Jerry said the spelling on the street signs on McCauley Street read "MacCalay" and he made a motion they be replaced with the correct spelling which is .McCauley. Jim Hawkins seconded the motion. He said he had checked the original plat of the subdivision and our signs are incorrect at the present. After discussion the motion carried by a 7-0 vote. Jerry reported we have a $10,000 Certificate of Deposit, maturing May 28, 1978. and $5,408.76 in the checking account of the 1965 Street Improvement Bond Fund. He recommended we use these funds to purchase our own curbing forms and do our own work for $1.53 per foot. We are now paying $3.00 per foot. He made a motion the following Resolution be approved: "I propose that the City Council endorse and approve the expenditure of the remaining principal and interest from the 1965 Street Improvement Bond Issue, to be utilized by the Street Department for purchasing needed equipment and supplies to be used in constructing sidewalks, curbing, paving of streets, or whatever appropriate use related to the streets of Smyrna." Bill Darby seconded the motion and the vote was 7-0. Jerry Mills made a motion the Street Department be authorized to request bids, to be opened April 3, 1978, for the following: (Continuation of March 20, 1978 Meeting) 30 ea. 10' sections 12" back 30 ea. 10' sections 6" front 30 ea. 10' sections face forms Ga. Highway type 2 30 ea. 10' sections face forms Type 1 2" bottom 60 ea. 24" division plates 30 ea. skeleton plates Rem Bennett seconded the motion and the vote was unanimous. Jerry reported that Cherokee Road, Bank Street and Concord Road had been paved and they were paving this week in Ward 2. Bill Darby made a motion that Gunter , since he is responsible for collecting monies city. Elbert Coalson seconded the motion and the vote was unanimous. Gunter Newsom was administered the oath of office by Mayor Frank Johnson and Gunter was issued the badge turned in by David Granade. _ Jim Tolleson made a motion that approval be given to request one grass seed and fertilizer spreader to fit the Ford 2000D tractor, bids to be opened April 3, 1978 and paid from Revenue Sharing Funds. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson presented Lee Silver with a small presentation from Mayor and Council. Jim Tolleson said that accusations had been made and articles written about a member of council. He said that in his opinion nothing had been done to be ashamed of and he thought there had been a chain of errors. He asked that Council stand to show their support to Rem Bennett. All council stood. Jerry Mills said he had seen nothing wrong, nothing more than what he might have done, that elected officials are human and taxpayers like everyone else and he does not think it is right to punish and harrass a man and his family. Rem has his support. Jim Hawkins said he had not seen where Rem did anything wrong and in his opinion the accusations were malicious slander. He supports Rem. Lee Silver announced the Easter Egg Hunt would be Thursday from 7:00 until 8:00 p.m. at Jonquil Park, fields 1, 2 and 3. There being no further business the meeting was adjourned at 8:30 p.m. IJ