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October 1/15/19, 1979 Council Meeting October 1. 1979 egular scheduled meeting of Mayor and Council was held pursuant to the Charter e Court Room of the Police Station building on October 1. 1979. Presiding officer Mayor Frank Johnson called the meeting to order at 7:30 o'clock p.m. All Council s were present. Also present was City Attorney Charles Camp, City Clerk Will e Spivey~ Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson. Parks and Recreation Director Asa Howard, Public Works Director J. E. David~ Civil Defense Director Jim Farley. Building Inspector Len Williams and representatives of the press. Invocation was given by Councilman Bill Darby, followed by the pledge to the flag. There were no citizens reports. - Barbara B. Johnson, 3011 Strathmoor Road requested a res in order to operate an interior decorating business from her home. Councilman Jim Tolleson explained that Mrs. Johnson had presented a letter from 10 or 15 of her neighbors stating they had no objection to this business. Mr. Tolleson made a mot:ion that the business license be granted, seconded by Jim Hawkins. Vote on the motion carried by a 7-0 vote. - The property owner of 3138 Wills Street requested a variance to to a chain link fence around his property. This item was brought before Council on August 6, 1979 and tabled. Bill Darby stated he had met with the property owner as well as other council members to discuss this request. It is a unique situation, as Wills Street dead ends into this property and the owner has been hindered by motorcycles coming through his property into the woods, and cars pulling into the driveway. thinking it was a turnaround. He has agreed to put a picket-type fence and gate across the front and chain link around the side and back. Bill Darby made a motion this variance request be granted, seconded by John Steely. Attorney Chuck Camp advised the property owner to check his deed and be sure there were no restrictive covenants recorded at the time the subdivision was built~ TI1e approval of the variance request by the City would have nothing to do with any restrictive covenants in the subdivision. Vote on the motion carried by a 7-0 vote. - Mr. Martin T. Kitchens, Jr., 840 Frances Drive requested a side yard build a carport onto his home. Mr. and Mrs. A. Shimshick, the adjoining property owners have submitted a letter stating they have no objections to the addition being built within 10' of' the common property line. Jack Shinall made a motion this request for variance be granted, seconded by Elbert Coalson. Vote on the motion carried by a 7-0 vote. Variance request - Mr. Herbert K. Black requested a variance from the distance re- quirement for a pouring license (malt beverage) for property located on South Cobb Drive. M~. Black was present and stated since the property was located near a church he had called the Business License office to determine if they would meet the require- ments for a pouring license, before presenting it to his client. He had been told the location would meet the requirements and there would be no problem. He checked on at least two other occasions and the indication he received was that if the front door of the establishment was 300' from the front door of the church, there would be no problem. It is approximately 620' from the property line to the church itself. Upon receiving this information from the City, his client proceeded to enter into contract to purchase the property for the construction of a barbecue family-type restaurant. Fol.10wing this, Mr. Black was told the information given him from the Code book was not correct, as the ordinance had been changed within the past few months and the updated ordinance was not actually in the Code book. He was requesting a variance now to allow his client to proceed with his plans for construction. Mayor Johnson explained that although he was a considerable distance from the church. our ordinance describes the distance as not from the church per se but all property owned and encompassed by the church. Following a question from John Steely, Mr. Black stated the first time he checked with the City on the ordinance requirement was in June, and he has talked with them at least three times to reconfirm that they would meet the distance requirement. Jim Hawkins told Mr. Black the portion of the ordinance pertaining to his request had not been changed recently, and actually became effective February 7, 1977. Mayor Johnson stated he did not believe the Council was empowered to give a variance of this nature against our alcoholic beverage ordinance, and moved that this was not a valid motion to be put on the floor. Attorney Camp stated that he should be called when an interpretation of the ordinance is needed, but he had not been contacted regarding this matter. an to approval of the Fire seconded by BiJ.l Darby. (1) Ridgeview Institute requested a building permit to Len Williams recommended the permit be approved, subject Marshal. Elbert Coalson made a motion the permit be approved~ Vote on the motion carried by a 7-0 vote. (Continuation of October 1, 1979 Meeting) (2) Belmont Hills Shopping Center, l020A Cherokee Road requested a building permit for the construction of a warehouse. Len Williams recommended the permit be approved, subject to approval by the Fire Marshal. Jerry Mills made a motion the permit be granted, seconded by John Steely. Following a question from John Steely, Len Williams stated he has not reviewed the plans for this construction. Jack Shinal.1 made a motion this request be tabled to October 4th to allow the Inspection Department time to review the plans. Motion died for lack of a second. Jerry Mills amended his original motion, to state the permit be approved subject to approval by the Inspection Department and the Fire Marshal. Bill Darby seconded the amendment to the motion, which carried by a 7-0 vote. Approval of ordinance - Jim Hawkins read the following proposed ordinance which would prevent cars from parking opposite to driveways in residenti.aJ. areas: - It is the intention of the governing body, and it is hereby the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Smyrna, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. It shall be unlawful for any vehicle, trailer or other conveyance designed for travel on public highways to park in areas marked as "no parki.ng zone" or in an area opposite any driveway located on a two-lane street. The aforementioned area opposite a driveway shall be defined as an area 6' either side of a line drawn from the centerline of any driveway, to the opposite side of a line drawn from the center line of any driveway, to the opposite curb or edge of right of way. All such areas shall be so designated by a yellow painted curb. Violation of this ordinance shall be deemed a misdemeanor and punishable as outlined in Section 21, (1), (2) and (3) of the Code of Ordinances of the City of Smyrna." Jim a motion this ordinance be adopted. John Steely seconded the motion for discussion. Jerry Mills stated it would not be feasible, from a financial stand- point, to paint yellow curbing on every street in Smyrna and he did not believe the people of Smyrna would want yellow curbing in thei.r residential areas. Adoption of this ordinance would override the State law which already prohibits parking in areas so designated by signs or yellow curbing. During discussion, John Steely asked if he would be in order by making a motion, that if 51% of the people on a particular street requested the yellow curbing across from their driveway, if we could then enforce it. Chuck Camp replied that would be an unlawful delegation of the govern- mental function, and could not be done. In response to a question from Elbert Coalson, Chief Little stated that in his opinion. any ordinance that was passed relative to this particular matter would be in direct conflict with State law. State law now has the right to remove any car that is blocking the flow of traffic, creating a traffic hazard. The law which pertains to cars blocking the driveway has been ruled to mean cars on the same side of the street of the driveway. Af.~.".r discussion, vote on the motion failed by a 3-4 vote. Voting for the motion was Jim Hawkins, Jim Tolleson and John Steely. Voting against was Jerry Mills. Elbert Coalson, Jack Shinall and Bill Darby. Jim Tolleson made a motion the minutes of September 4, 1979 be approved as submitted. Bill Darby seconded the motion which carried by a 7-0 vote. John Steely made a motion the minutes of September 17, 1979 be approved as submitted. Jim Hawkins seconded the motion which carried by a 7-0 vote. Committee reports - John Steely reported extensive creek damage in Ward 7 due to the heavy rains. Two bridges are out, and pipe that was recently installed in Deer- wood Subdivision has been washed out. John requested a meeting with the Street Committee to see what can be done. (Building) John Steely reported that City Hall is approximately 75% complete and it looks as though we will make the November 1st deadline. (Water) them out Jack Shinall reported the water bills are still late and he hopes to have in two weeks. asked the Finance Committee if they had had the opportunity to meet the money needed to construct headwalls in his ward, as discussed at the last council meeting. Jerry Mills stated the remainder of funds requested will be added to the Street Department budget for FY1980 and the budget is being put together at this time. (Continuation of October 1, 1979 Meeting) (Parks) Asa Howard reported the bids for the renovation of the Senior Citizens Center which were to be opened October 4. 1979. would now be opened on October 11th at 2:00 p.m. in the Police Station Court Room and would be ready for approval at the next regular council meeting of October 15th. (Library) Jim Hawkins stated the Ordinary's Office in Cobb County had sworn two employees of the Smyrna Library to act as Registrars and our citizens could now go to the library and register to vote. Deadline for registration is October 8. 1979. (Finance) Bill Darby stated that last year the Council had voted to rotate the demand deposit bank accounts and reported that at this time. the General Fund will be transferred to Trust Company 'Bank. Revenue Sharing and State Grants will go to Cobb Bank & Trust, and Water Revenue and Sinking Funds will go to First Bank & Trust. Bill Darby also reported a note for $200,000 with Commercial Bank has come due and made a motion it be renewed for a period of 90 days until ad valorem taxes are re- ceived. Jim Tolleson seconded the motion which carried by a 7-0 vote. Bill Darby made a motion the City request bids for a copy machine to replace the one destroyed by fire. to be opened at the next regular meeting. Jerry Mills seconded the motion which carried by a 7-0 vote. Bill Darby made a motion authority be granted for the City to make an additional tax anticipation loan of $200~000 for a period of 90 days. Jerry Mills seconded the motion which carried by a 7-0 vote. (Streets & Sanitation) Jerry Mills made a motion authority be given for the City to purchase 500 garbage can liners at $7.50 each. totaling $3,750. Gunter Newsom ex- plained there was one distributor in Georgia. located in Moultrie, who handled these liners. He has been in touch wi.th the manufacturer recently. but they cannot sell directly to us because of the distributorship contract with the company in Moultrie. The last time we purchased the liners they were $7.50 each, but the price has most likely gone up since that time. Bill Darby seconded the motion to purchase 500 liners which carried by ,a 7-0 vote. Jerry Mills reported that the Hickory Mills subdivision which was recently annexed into the City is planning to install an underground lighting system, the reason being that all the homes will utilize an underground wiring system to eliminate poles and wiring from view. The developer will pay for the installation and there will be no additional cost to the City. Jerry made a motion this lighting system bc approved, seconded by Jim Tolleson. Vote on the motion carried by a 7-0 vote. Mayor Johnson reminded everyone of the special called meeting on October 4th and the open House of Marietta City Hall a~so on October 4th. The CMA meeting will be hosted by Marietta on October 9th. The GMA 7th District Fall Meeting will be in Calhoun on October 11th. Mayor Johnson stated he had talked to Mr. Wendell Dean, Smyrna Cablevision and also received a letter from him requesting permission to televise our City Council meetings as a public service to our citizens. Mayor Johnson stated he would be in touch with Mr. Dean and perhaps we might begin after the City Hall and council chambers are completed. Mayor Johnson reported he would like to comment on a subject that has stirred a lot of interest in the last few days, the Housing and Urban Development (HUD) project to be built on Paces Ferry Road at Atlanta Road. This is an apartment complex that is to be built and some of the apartments will be subsidized by HUD. This was one of those cases where the zoning for the apartments was already in tact, so no one had to n~ke application for rezoning. It is being funded through the Regional office of HUD which handles the metro area of Atlanta, so they were not required by law to have any meetings to tell anyone in the neighborhood they intended to have public housing in the area. It is not in our city. and we had no advance knowledge, nor were we notified of the project. The first I knew of it was when I began rcceiving phone calls asking what I could do to stop it because the residents were concerned about the additional enrollment at Campbell High School~ Argyle and Griffin. Even though it is not in the City. it would affect the lifestyle of some of the people in Wards 1 and 2. I learned over the weekend that Congressman McDonald had put out a newsletter indicating that the Mayor of Smyrna had been notified of the project. through a telephone call I received at City Hall. blasting me for having had knowledge of the project and not doing anything about it. I phoned Larry McDonald and told him I had no knowledge of the project, until I began receiving telephone calls. He apologized and stated that he had spoken to some of his people and found that his newsletter was in error. He (Continuation of October 1. 1979 Meeting) stated he had been advised by HUD that they did not notify the City of Smyrna. and he would get another newsletter out to clarify that. I have spoken several times to Mr. W. A. Hartman. Regional Director of HUD in Atlanta, and he has sent me a letter which tells who was notified of the project, with the final paragraph reading as follows: "Our files reveal no direct HUD notice to your office in connection with this project." Mayor Johnson stated he just wanted to clarify our position in this matter as i.t was a pretty hot issue now. Mr. Hartman's letter confirms that the City was not notified, and had no reason to be notified of this project. With no further business, meeting adjourned at 8:45 p.m. ************************ October 4, 1979 The special called meeting of Mayor and Council was held October 4, 1979 in the Court Room of the Smyrna Police Station. 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 Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little and representatives of the press. Invocation was given by Jim Hawkins followed by the pledge to the flag. Bid opening - Bids for one (]) 10 x 12" fire-service type, cold water meter were opened, read and recorded as follows: LeRan Copper & Brass Co. Neptune Water Meter Co. Southeastern Industrial No bid No bid No bid $8.135.00 - $8,598.00 10 x 12 x 6 Hersey Model MFM-MCT Delivery time. 125 days 10 x 12 MFM-MCT Hersey Meter Delivery time, 125 days $11.875.00 - Assembled & materials needed Jack Shinall made a motion these bids be turned over to Jim David for review and return his reconnnendation to the Water Committee with authority to act. Elbert Coalson seconded the motion which carried by a 7-0 vote. Annexation - Rhodes, Inc. requested annexation of 2.835 acres located in Land Lots 848 and 879 on Cobb Parkway. This annexation request was read and validated on September 17, 1979. John Steely made a motion this property be annexed into the City and made a part of Ward 1. Jim Tolleson seconded the motion which carried by a 7-0 vote. Annexation - Steven D. Mastrangelo requested annexation of .945 acres located in Land Lots 848 and 879 on Cobb Parkway. This annexation request was read and validated on September 17, 1979. John Steely made a motion this property be annexed into the City and made a part of Ward 1. Jim Tolleson seconded the motion which carried by a 7-0 vote. Mayor Johnson recognized participants in the audience. Mayor Johnson reminded everyone of the CMA meeting October 9th and the GMA District Meeting on October 11th in Calhoun. Attorney Charles Camp arrived late. With no further business, meeting adjourned. * *i~ * * ** ** * * *'k *- *- '1<. ,:k i<. i~* i:: *1~ i:: TI,e regular scheduled meeting of Mayor and Council was held in the Court Room of the Smyrna Police Station on October 15, 1979. The meeting was called: to order by pre- siding officer Mayor Frank Johnson. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little. Fire Chief Don Atkinson, Public Works Director Jim David, Parks and Recreation Director Asa Howard, Civil Defense Director Jim Farley. Building Inspector Len Williams and representatives of the press. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. Mayor Johnson announced that after serving several years on the Parks and Recreation Commission, Mr. Don Lillie has seen fit to tender his resignation and step dO~L so that other parties might take his place. Mr. Lillie has been a valuable asset to the commission and was serving as chairman at the time of his resignation. It has been the pleasure of our city to have benefited from his guidance. Mr. Lillie was called out of town and could not be here tonight to be recognized. The award to him wi.ll be presented at a later date. John Steely made a motion the resignation be accepted. Jack Shinall seconded the motion which carried by a 7-0 vote. Appointment - Councilman John Steely made a motion that Jim Brooks be appointed to fill the unexpired term of Mr. Lillie to the Parks and Recreation Commission, repre- senting Ward 7. Jim Tolleson seconded the motion which carried by a 7-0 vote. Citizens Reports - (Maurice Lefevre)- I am a citizen. I do not live in the City Limits of Smyrna but I live within a couple of hundred yards. Mayor Johnson: Smyrna? Do you have any business that addresses the business of the City of Mr. Lefevre: Yes sir. areas that border. I think it directly does that and also close surrounding Mayor: We are talking about the Ci.ty now, not surrounding areas. the nature of your discussion and then I will decide. Quickly give me It pertains to the Paces Ferry Woods HUD project. Mayor: We will accept that. Mr. Lefevre: I am Maurice Lefevre and I live on Shamrock Trail which is about 200 yards from the City Limits of the City and very close to the proposed Paces Ferry Woods project. I think this is something that does possibly the number one thing now in the minds of a lot of the citizens of the City of Smyrna and myself and people in the surrounding area as witnessed by the huge turnout at Campbell High School last Tuesday night, about 1200 people. TI1ere seemed to be quite a bit of confusion there and denials and one thing and another concerning why at such a late date, our city and county officials had not moved on this thing sooner. And I frankly feel like as a lot of people did, if that had been done this thing would have been squashed and put away months ago. At that time I think too that there was some discussion as to whether the City of Smyrna had in fact been notified by letter and I think that was said that the City or the Mayors Office in fact had not been notified. and yet I have a copy of a letter that gave that notification on the 8th of February, 1979 and allowed until the 23rd of February for a response, if it was not forthcoming the file would be closed. And I was just wondering why number one, the City didn't move on it and number 2, why the letter was denied when it was in fact received and filed with the . Is that project in the City, Mr. Lefevre or in the county? That is in the county. John Steely: Why would the City of Smyrna be involved in it? Why were you gentlemen all at the meeting at Campbell High School? John Steely: Can I see that letter? Yes. John Steely: I have never seen the letter - the only letter I saw was sent to the commissioners and it was dated February. Well. as you can see, that is to the Honorable Frank B. Johnson, Jr., of Smyrna and a number of the councilmen were at the meeting, including the Mayor. (Continuation of October 15, 1979 Meeting) Mayor: Mr. Lefevre. wait just a minute now. What have you got there? In am going to cut th:Ls off in a hurry by mak:Lng this statement, and I made ment the other night and I had a copy of a letter which I read from Mr. who is the Area Manager of HUD. I read that letter at the meeting the other Were you there? fact. I state- Hartman, night. Mr. Lefevre: Yes, I was there. Mayor: Did you hear the letter I read? Yes sir. Mayor: It said that the Mayor of Smyrna had not been notified by the HUD office. Mr. Lefevre: This letter is not from the HUD office, this letter is from the Atlanta Regional Commission notifying you of the project. Mayor: We - exactly like the county commissioner indicated, that letter was not sent to us - we have no record of it having come to this city, nobody here has seen it, I have never seen it and I have a letter from Mr. Hartman stating that I have not received that letter, and the City of Smyrna had no reason to be notified. Mr. Lefevre, I can assure you that if I had seen that letter in February. , I would have at least notified my people of it. We are concerned overcrowding of our schools. This copy, gentlemen, is a copy from the letter that is on your file. Gunter Newsom's file right now. Mayor: I want to make a statement which will end this. That letter has come to our city. If you want to see a copy of a registered letter. you go the Cobb County Board of Commissioners and they've got one. That letter has never come to this city and I do not want to hear any more about it. Mr. Lefevre: on file -- is I didn't think that you would sir, but it's a fact that the letter on Mr. Newsom's file right now. is Gunter Newsom: May I respond to that particular point? It is a fact that we went through our file in which we retain A-95 reviews and did not find that. I used to work at: ARC and I contacted the lady theret:hat is in charge of the A-95' s. She sent me this copy from their files. This was done approximately a week or ten days ago. Yes, I have a copy of this in my desk drawer, but we have no record on our logs or anything else that we received it in February. Well, Mr. Mills made the statement some weeks ago in the presence of some councilmen and other people in this room that he was aware of this months ago. How did he become aware of it months ago, if the City had not been notified? Lefevre. I saw a letter showing a project number. I called the I thought it was on Hawthorne Street. They told me it was not. Georgia and didn't say where. That was it, per se. I didn't further, because it was in the county and what goes on in the county business. We had a meeti.ng at Campbell the other night and there was a thousand Why didn't you get up then and say this. Why did you wait until the Smyrna Counci.l meeting to say something like this? Because this only affects Smyrna. copy or not. I don't know whether Ernest Barrett Mr. Lefevre. they built a HUD project in my ward. that, and not here to question it then. Where were you when ~1en was it built? Jerry Mills: It was in 1974. Mr. Lefevre: I didn't move to Cobb County until after that, so I didn't even know. This le.tter here is not even signed. ~ayor, I would like to say one thing. Because he comes up here a letter that sayd we got it doesn't mean anything to me. Unless he (Continuation of October 15~ 1979 Meeting) can prove that the City has received this letter. as far as I am concerned, we didn't get it. The copy of that letter was from a copy that was received by the City. Bill Darby: How do you know that it was received? I do know. Can you prove it? I can probably prove it if I need to, yes. Mayor: We have ended this conversation, so you can have a seat. If you want to talk about county business, you go to the county government and talk about it. Okay? Well, the business I was talking to was City. Mayor: Well, you're not in the City. I didn't expect you to be thrilled about it Mr. Johnson. Mayor: I am aware of that. reason you are up here. You are here for political reasons -- that's the only Mr. Lefevre: No, no, this is the same bit as the way you . Mayor: You are out of order now, have a seat. Opening of Bids - Bids for a reduction copy machine for City Hall were opened, read and recorded as follows: No bid 3M Business Products Sales, Inc. - 3M VHS-R Copier (reconditioned) - $5,995.00 Savin Model 790 Copier - $6,995.00 - delivered no later than 30 days after award - delivery 7 days ARO if placed before 10/20/79 - $75.00 installation charge. Vanguard Systems, Inc. - Savin Model 790 - $7.182.50 which includes all set-up, delivery and installation charges. Delivery within 30 days from award of bid. - Canon NP-5500 reduction Copier Less 10% on demonstrator model $11.807.25 $10,626.53 Xerox - Xerox 3109 (new) - $9,170.00 - $40.00 placement charge Xerox 3107 (remanufactured) - $8,370.00 - $40.00 placement charge Xerox 3450 (new) - $17.000.00 - $75.00 placement charge Jerry Mills made a motion these bids be turned over to committee for review. with authority to act. Jim Hawkins seconded the motion which carried by a 7-0 vote. Elbert Coalson stated he had a letter from Mrs. Barbara Henderson addressed to Mayor and Council which should have been brought up under citizens reports. This letter was from the Smyrna Rescue Association requesting a variance from the city ordinance on solic:Ltation. Their purpose is to raise funds for the Hurst Power Tool, commonly known as the "Jaws of Life." This tool would be used by the Smyrna Civil Defense Rescue units only, in order to speed up extrication of trapped victims. Mrs. Henderson explained that their plans are to sell portraits to raise the $6,000 needed for this equipment. The Smyrna Rescue Association is actually an auxiliary of the Smyrna Civil Defense Department and members of the association would be the only ones selling. Attorney Chuck Camp adv:Lsed a variance from the ordinance was not necessary in this case, and did not require a vote. TI1is group is already subject to the regulations of the City, being an auxiliary of the Civ:Ll Defense Department. Also, the $35.00 investigation fee required for solicitations would not be necessary in this instance. of Bids - John Steely made a motion that the Building Committee receive the bid the renovation of the Senior Citizens Center and this committee be given authority to review and award the contract. Jim Tolleson seconded the motion which carried by a 7-0 vote. Bids were opened on October 11, 1979 and are recorded as follows: (Continuation of October 15, 1979 Meeting) Base Bid General Construction $138,388 179,658 136,425 139,500 127,794 135,793 162,000 146,300 Ace Contracting DAC Construction Thomas Gordon Co. Lehman International Moni-Herrington Canst. Rauton & Roach, Inc. United Southeast Cont. TI1ese bids do not include any architectural fees. Funding for this project has been received through the efforts of Mayor and Council. $120,000 has been received from the State for the renovation and $7,500 has been donated by Ridgeview Institute for the furnishings. Mayor Johnson stated it would obviously be necessary to come back at a later date and appropriate additional funds in order to complete the facility as planned. Mayor Johnson explained that the $7,500 had been appropriated for furnishings. but some of this. money could be used for bookcases, etc. and some things that would be described as furnishings. Further, this facility should be completed according to plans that were presented and the additional funds needed appropriated from the Revenue Sharing Fund. Bill Darby made a motion that the necessary funds needed to cover the cost of the contract as well as the engineering fees be set aside in the 1979-80 Revenue Sharing Funds. Jerry Mills seconded the motion. Following discussion, Bill Darby amended his motion to read the necessary funds needed to cover the cost of the contract plus engineering fees. extra cost not to exceed $15,000 be appropriated from the.1979-80 Revenue Sharing Funds. Jerry Mills seconded the amendment. Vote on the motion carried by a 7-0 vote. John Steel.y called for a Building Committee meeting following this meeting, to award the contract. Commercial building permits - Building Inspector Len Williams presented the following requests for building permits and upon his recommendation the following action is recorded: (1) 2535 U.S. 41 Highway at Herodian Way requested a permit to remodel the station at that location. Plans have been approved by the Fire Department Inspection Department. Jim Tolleson made a motion this permit be granted, by Jim Hawkins. Vote on the motion carried by a 7-0 vote. service and seconded (2) Del Taco, Cobb Parkway, requested a permit for construction. Plans have been approved by the Fixe Department and Inspection Department. Jim Tolleson made a motion the building permit be granted, seconded by Jim Hawkins. Vote on the motion carried by a 7-0 vote. Set Date for Hearing (1) Elbert Coalson made a motion that November 5, 1979 be set as the date to hear the appeal of the decision of Recorder's Court for Devin R. Kehler. .Jack Shinall seconded the motion which carried by a 7-0 vote. (2) Elbert Coalson made a motion the appeal of the decision of Recorder's Court for Cheeka Nelson be set for November 5, 1979. Jack Shinall seconded the motion which carried by a 7-0 vote. John made a motion that one (1) 1972 Datsun pickup with shell cover, one (1) 1974 4-door and one (1) 1975 Ford Custom 4-door be declared surplus. Jim Hawkins seconded the motion which carried by a 7-0 vote. John Steely made a motion the City request bids on these vehicles, to be opened November 5th. Jerry Mills seconded the motion which carried by a 7-0 vote. Jack reported it would be necessary to replace a 4" water main on Wayland Court 6" line, due to the high concentration of iron in the water. Cost for replacement will be $3,857.60. Jack Shinall made a motion this pipe be re- placed with funds from the E & C account. Jim Hawkins seconded the moti.on which carried by a 7-0 vote. stated the the City had a note for $250,000 with First National Bank er 18, 1979. It will be necessary to extend this note to to the tax billing situation. Bill made a motion this note by Jerry Mills. Vote on the motion carried by a 7-0 vote. tax bills should be mailed by November 15th. which Bill Darby would due 31st due be Gunter (Parks) .Jim Tolleson made a motion the piano at the Senior Citizens Center be surplused~ and the money received from it to go into the Senior (Continuation of October 15, 1979 Meeting) Citizens Program fund. Another Jim Hawkins seconded the motion piano will be opened at the next has already been purchased for the center. carried by a 7-0 vote. Bids for the surplused Council meeting. Jim Tolleson stated since some of his political foes had chosen to go to the press with the story concerning the removal of voter registration cards from City Hall, he felt that an explanation was in order. After discussion this allegation with an attorney, he understood that the removal of voter registration cards from a desig- nated area of the registrar's desk could be a violation of Georgia law. Mr. Tolleson's statement is as follows: "I did not remove the cards from the registrar's office, or her desk. Several weeks ago when I was at City Hall Annex sitting at the Mayor's temporary desk and where our mailboxes were kept. I noticed a large number of voter registration cards on the Mayor's desk. I assumed they were there for the purpose that I used them for. Since citizens from time to time ask you about getting registered and after explaining the procedure that you have to go to City Hall from 8:30 to 5:00 Monday through Friday, you usually get the same answer. That is. 'I work and I can't get to City Hall.' I am running unopposed so no matter how many people I registered. or didn't register. it wouldn't matter. I still don't know why the cards were on the Mayor's desk, if the law states it is the responsibility of the registrar to keep the cards in a designated area. So I want to say that I welcome an inquiry into the matter by an outside agency, as to why the cards were lying about and who other than Jim Tolleson removed the cards. I understand that the removal of the cards has been a comn=n practice for a number of years and I can produce at least two witnesses who were given the cards on other occasions, as well as absentee ballots." John Steely commented that he. too, was concerned and had asked why the cards were left lying out. It.had been explained to him that Nora Proctor, Registrar, had pnt the cards on the front desk for the receptionist, who had removed the cards from the desk to put them in sequence. Mayor Johnson he came by City Hall at least twice a day and he had never seen the cards lying on top of the desk. Since there has been some discussion and some allegations made, Mayor Johnson asked Mr. Steely, Mr. Coalson and Mr. Hawkins to serve on a committee to look into the mat:ter. They are to meet with Mr. Tolleson to discuss it, and report back to the council with their findings. Jim Farley stated the Civil Defense vehicles and rescue squad needed to be re- licensed. Mr. Farley was asked to bring this up again after the budgets had been approved. John Steely stated the next Council meeting should be held in the City Hall Council Chambers. The renovation should be completed at that time. Mayor Johnson stated a suit had been filed against the City by J. F. Shaw, Jr., Jack E. Crowder. Harris B. Mosley, A. D. McGauhey, Jr., and Harvey L. Nix. due to the City's refusal to rezone property on South Cobb Drive. Elbert Coalson made a motion that Attorney Charles Camp be appointed to represent the City in this suit. Jerry Mills seconded the motion which carried by a 5-2 vote. Jerry Mills, Elbert Coalson. John Steely, Jack Shinall and Jim Hawkins voted for. Bill Darby and Jim Tolleson voted against. Mayor Johnson advised that Smyrna Cable TV wanted to start televising the Council meetings and if the building was finished. the first meeting in November probably would be televised. Announcements - The Jonquil Breakfast will be October 17th. will be November 5. 1979. The next Council meeting Meeting adjourned at 8:35 p.m. ************************ October 19. 1979 A special called meeting of Mayor and Council was held October 19, Room of the Smyrna Police Staxion. The meeting was called to order officer Mayor Frank Johnson, at 5:00 p.m. All Council members were present was City Clerk Willouise Spivey and Finance Director Gunter 1979 in the Court by presiding present. Also Newsom. Invocation was given by Councilman Elbert Coalson. followed by the pledge to the flag. (Continuation of October 19, 1979 Meeting) The meeting is being called in accordance with Section 2-21 of the Code of Ordi- nances, to consider a request from the Finance & Administration Committee that an investigation be conducted by the Chief of Police. City of Smyrna. Bill Darby, Chairman of the Finance & Administration Committee read the following letter from his committee: "We the undersigned members of the Finance & Administration Committee of the Smyrna City Council request that the Mayor and City Council of Smyrna empower the Chief of Police to investigate circumstances surrounding the unauthorized copying of City of Smyrna files. At the CitJy Council meeting of October 15, 1979, Maurice Lefevre stated that he had in his possession a copy of a letter obtained from the City fil.es in the possession of the City's Director of Finance & Administration. This file was stored in the desk of the Director of Finance & Administration. We as members of the City Council Finance & Administration Committee would like to know how this unauthorized copy was made and how the copy came into the possession of Maurice Lefevre. We further request that the Chief of Police be empowered to utilize whatever sources of the Gity he deems necessary in this investigation and that adequate funding of this inveptigazion be made available. We also request that the Chief of Police be authorized to request the assistance of any other law enforcement agency and that he be granted the use of City Council subpoena powers to be utilized in this investigation." Bill Darby made a motion the Chief of Police be authorized t.o proceed with this investigation. Jerry Mills seconded the motion. Jim Hawkins asked an explanation as to what crime had been committed and what crime ing. Jerry Mills stated he was not saying a crime had been but he would like to know how Mr. Lefevre obtained a copy of a letter from Mr. Newsom's file, when copies had not been made by Mr. Newsom or any other city employee. Mr. Lefevre stated. and is quoted in the minutes as saying that the copy of the letter in his possession was obtained from Mr. Newsom's file. Jim Hawkins stated that under the State law if a crime has been committed or a crime is suspected of being committed, the Chief of Police can conduct an investi- gation into anything that he wants to. This is nothing more than a kangaroo court which has been convened for purposes. We do not have to have a special called meeting to empower the Chief of Police to investigate anything. John Steely replied that if it is possible for anyone to obtain copies such as this from anyone's desk in City Hall, then our security is in jeopardy. Jim Hawkins stated Council did not need the authority to empower the Chief of Police to proceed with this investigation, this meeting was being staged for the benefit of the newspaper. Mr. Coalson stated he had a key to City Hall and would welcome an investigation or lie detector test himself. Mr. Hawkins stated that he, too. would be happy to cooperate in any investigation. The point is, this meeting should have never been convened to empower the Police Chief to conduct an investigation. There is no need to have a special cal].ed meeting every time a crime is committed in this city. Mayor Johnson replied this meeting was called, as he understood it, to identify to the Chief of Police that possibly there were certain infractions of the security in the City at stake. He was not aware of that, and was only made aware after Mr. Lefevre's statement that the information he held in his hand came from the Finance & Administration Director's desk. This meeting is to call attention to the Chief of Police that there had, in fact, been some breach of security. It is not a crime, but a of security. If it is detected later to be a crime. then it will be dealt with as such. In a case like this, the investigation would be a search for evidence and this meeting is to decide if, in fact, it should be done. Darby stated he took offense with Mr. Hawkins saying this meeting was strictly reasons. Further. he has no political ax to grind. If the Council the investigation is unwarranted, then they should vote against it.