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November 5/19, 1979 Council Meeting November 5. 1979 The regular meeting of Mayor and Council was held pursuant to the Charter. on November 5, 1979 at the City Hall Council Chambers. The meeting was called to order by presiding officer Mayor Frank B. 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 Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Public Works Director J. E. 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 Bill Darby, followed by the pledge to the flag. Mayor Johnson stated the building renovation was almost complete and it was wonder- ful to be conducting business in the Council chambers again. He thanked the entire Council. especially the building committee, for their work and cooperation. Jim Smith, the contractor, was recognized. Jim Tolleson asked the Parks and Recreation Commission and Don Lillie, who had resigned from the commission, to come forward. Mr. Lillie was given a plaque and Bob Arnold presented him with a crystal jonquil, made by Mr. Lillie's son. Mayor Johnson thanked Mr. Lillie for his work and dedication to our Parks and Recreation Department. Mrs. Joyce Reagin of the Concord Woman's Club, thanked Mayor and Council and especially Police Chief R. E. Little. for their help in trying to stop shoplifting. ~he Campbell High School Chapter of Distributive Education Clubs of America (DECA), in conjunction with the Concord Woman's Club and the Georgia Retail Merchants Association is launching a city-wide volunteer program known as "Shoplifting Preven- tion." Mrs. Reagin introduced Andrea Shiflet. representing DECA who explained the program. Devin R. Kehler, 531 Woodsong Way. #302, Docket #37360. Mr. Kehler was not present. Elbert Coalson made a motion the decision of Recorder's Court be upheld. Jerry Mills seconded the motion and the vote carried by a 7-0 vote. Hearing - Cheeka R. Nelson, P.O. Box 284. Smyrna. appealed the decision of Recorder's Court. Docket #37515. Ms. Nelson and Police Officer Fawbush were given the oath by Attorney Charles Camp. Officer Fawbush stated he gave Ms. Nelson a ticket for speeding on Spring Road on September 9, 1979. He clocked her going 60 in a 40 mile per hour zone. Ms. Nelson stated she was not speeding. There was a Buick Skyhawk the same color as her Olds Starfire that was speeding and had passed her. She thought this was the car the officer saw speeding, not her. Officer Fawbush dis- agreed. stating there was no other red car that he saw. The second part of Ms. Nelson's appeal, the fact that police officers discussed her case with her co- workers, was also discussed at length. after which Elbert Coalson made a motion the decision of Recorder's Court be upheld. but the $25.00 fine paid by Ms. Nelson be refunded. Jack Shinall seconded the motion which carried by a 6-1 vote. Jim Tolleson voted against the motion. Chief Little apologized to Ms. Nelson and stated the officers involved in the discussion of her case had been reprimanded. - David S. Wallace and Jay A. Wallace. owners of the pawn shop property at 630 Cherokee Road. requested a backyard variance in order to build twenty (20) feet from the property line. instead of the thirty (30) foot distance called for in our zoning ordinance. Mr. Wallace did not have a letter signed by the adjoining property owners stating they did not object to a building being erected within 20 feet of their property line. After further discussion John Steely made a motion this request be tabled until Mr. Wallace could secure a letter of approval from the adjoining property owner. Elbert Coalson seconded the motion which carried by a 7-0 vote. - Don Cole. prospective buyer of property located at the north- Springs Road and Concord Road. requested a variance in order to put in a driveway forty (40) feet from the intersection. Our ordinance states the driveway must be eighty (80) feet from an intersection. Lois Wood of First Town Realty Company and Ms. Garner the selling agent, represented Mr. Cole. Ms. Wood said the sale of the property depended on getting this variance since Mr. Cole had said it would be too expensive to put the driveway in 80 feet from the intersection. City Engineer Jim David said the safety factor involved was the main reason for the 80 foot distance. After further discussion Jim Hawkins made a motion the variance request be denied. Jerry Mills seconded the motion which carried by a 7-0 vote. (Continuation of November 5. 1979 Meeting) Commercial building permits - No commercial building permits presented. Building Inspector Len Williams presented the final plans for Phase II. Cedar Cliff Sub- division for approval. They had been approved by the City Engineer. Consulting Engineer and the Planning and Zoning Board. Jim Hawki_ns made a motion the plans be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Elbert Coalson made a motion the minutes of October 1, 1979 be approved as sub- mitted. Jack Shinall seconded the motion which carr:ied by a 7-0 vote. Jim Hawkins made a motion the minutes of October 4, 1979 be approved as submitted. Jerry Mills seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion the minutes of October IS. 1979 be approved as sub- mitted. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion the minutes of October 19. 1979 be approved as sub- mitted. Bill Darby seconded the motion which carried by a 7-0 vote. garage. Hawkins seconded John Steely reported we were badly in need of a tune-up machine made a motion bids be requested for a tune-up machine. Jim the motion which carried by a 7-0 vote. Jack Shinall made a motion t_o appropriate $15,100 from the E & C Fund to be spent on the water main system on Pasadena Boulevard. Jerry Mills seconded the motion which carried by a 7-0 vote. Jim Hawkins said a meeting had been called for 6 :00 p.m. on Thursday to revi_ew the subdivision ordinance. Bill Darby asked Gunter Newsom for a report on the water bills. He stated Tom Hill was working day and night to get the payments posted up to date. Jim Tolleson asked when we could expect to get the budgets. Mr. Newsom stated the plans now are they will be ready to present to council the second meeting in December. Mayor Johnson reminded everyone of Election Day on November 6th. the CMA meeting in Kennesaw on the 13th and the next regular council meeti_ng on November I_9th. This next will probably be televised. Meeting adjourned at 8:25 p.m. ************************ The scheduled meeting of Mayor and Council was held at the City Hall, Smyrna, Georgia on November 19, 1979. Presiding officer Mayor Frank Johnson called the meeting to order at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp. City Clerk Willouise SP1-vey, Finance Gunter Newsom, Police Chief R. E. Little. Fire Chief Don Atkinson, Parks and Recreation Director Asa Howard. Building Inspector Len Williams, Puhlic Works Director Jim David. Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Bi_ll Darby. followed by the pledge to the flag. Mayor Johnson read the results of the November 6, 1979 City Election (originals attached and made a part of these minutes). Elbert Coalson made a motion.the election results be certified as read. Bill Darby seconded the motion which carried by a 7-0 vote. results of the Special Election held attached and made a part of these the results of the Special Election be cert receiving a majority of the votes cast as: THE SMYRNA. GEORGfA 30081 TELEPHONE October 17, 1979 CITV COUNCIL We the undersigned call a special meeting of the MaYOr and Council of the City of Smyrna for Friday, October 19, 1979 at 5:00 p.m. purpose Qf said meeting shall be to consider a request frornthe City Council Finance and Administra- tionConunittee for an investigation to be conducted by the Chief of Police of the City of Smyrna. JAMES E. TOLLESON WARD 1 JR. WARD 2 ) ."",,~ C. SPIVEY XI :~} ...~~ (Continuation of October 19. 1979) Jim Tolleson said he felt it was silly himself. The important thing is. is the letter legitimate? The letter is on file at ARC and they will furnish a copy to anyone requesting it. Mr. Coalson stated he felt the real issue was the reason Mr. Lefevre. not being a city resident. was trying to hide where he got the letter. Jim Hawkins said he had several copies of the letter, and any citizen in Cobb County could obtain a copy by asking ARC to furnish them with one. Was there any evidence that he obtained the copy from Mr. Newsom's file? John Steely replied the minutes show that Mr. Lefevre stated he had obtained the copy from our files. City records are public information. but that does not give a citizen the right to go into someone's desk and obtain information. Mayor Johnson stated the purpose of this meeting was to determine if Mr. Lefevre had a key. or access to City Hall to allow him to come into City Hall at night. Vote on the motion carried by a 5-2 vote. Voting for was Bill Darby. Jerry Mills. Jack Shinall. Elbert Coalson and John Steely. Voting against was Jim Tolleson and Jim Hawkins. Meeting adjourned. 6 (Continuation of November 19. 1979 Meeting) Homestead Exemption Freeport Amendment #1 Freeport Amendment #2 Freeport Amendment #3 2388 1719 1610 1546 Jim Hawkins seconded the motion which carried by a 7-0 vote. Citizens Re rts - Pat McMann. working with a Federal funded L.E.A.A. program. along with Cobb County Solicitor's office, asked the help of Mayor and Council in letting the people of Smyrna know about the Consumer Fraud Strike Force and the Victim Witness Assistance Program in which they are currently involved. Mr. McMann said that if citizens had any consumer fraud complaints they should call him at 422-2320. Ext. 225 and they could check them out. Also. the Victim Witness Assistance Program is very helpful but many people do not know about it. The telephone number of this program is 427-5326. Mayor and Council thanked Mr. McMann for coming and gave him their complete support. Posters advertising these programs will be posted throughout city offices. Wayne Anderson. Chapter Chairman for the Jaycees Empty Stocking Fund requested approval for the Smyrna Jaycees to hold road blocks for donations to the Empty Stocking Fund. The schedule is as follows: December 8. 1979 from 10:00 a.m. to 4:00 p.m.. Jones Shaw Road and Benson Poole Road and on December l5. 1979 from 10:00 a.m. to 4:00 p.m.. Atlanta Road at Cherokee Road. Mayor Johnson advised that they should work this out with Police Chief Little. Bid Opening - Bids for one (1) used piano. surplused by Mayor and Council at the regtilar meeting held October 15. 1979 were opened. read and are recorded as follows: Grady Cantrell Evelyn Harris Dawn Tolleson $55.00 $50.00 $10. 35 Jerry Mills made a motion the piano be sold to the highest bidder. seconded the motion which carried by a 7-0 vote. John Steely Bid Opening - Bids for three (3) vehicles. surplused by Mayor and Council at the regular meeting held October 15. 1979. were opened, read and are recorded as follows: (1) 1972 Datsun Pickup ID tfRL521926364 Doyle J. Williams Jerry Wheeling Elmer Wester Herbert Brown $300.00 525.00 485.00 540.00 (1) 1974 Ford Torino ID #4H27Q15381l Ronald Chastain $100.00 (1) 1975 Ford Custom ID #5Y35Cl78 No bids John Steely made a motion the two vehicles be sold to the highest bidders. Bill Darby seconded the motion which carried by a 7-0 vote. The 1975 Ford Custom must be rebid. Zoning Hearing - Charles D. Nunnally Realty requested property located at 1130 Concord Road be rezoned from F. C. to L. C. to be used as a real estate offi.ce. There was no opposition to the rezoning. Mr. Nunnally stated there would be no exterior changes to the building at this time and stated they would cut a drive- way into Concord Circle according to the plan submitted. After further discussion Jim Hawkins made a motion the property located at l130 Concord Road be rezoned from Future Commercial to Limited Commercial. Jerry Mi].Is seconded the motion which carried by a 7-0 vote. Commercial building permits Commercial building permits were submitted by Building Inspector Len Williams and upon his recommendation the following action is recorded: (1) David S. and Jay A. Wallace requested a building permit for an addition onto the existing building on property located at 630 Cherokee Road. Plans have heen approved by the Fire Department and the Inspections Department. After discussion Jerry Mills made a motion the permit be granted. Jim Hawkins seconded the motion which carried by a 7-0 vote. (Continuation of November 19. 1979 Meeting) (2) The final plat for Hickory Mills Subdivision was submitted. It had been approved by the Planning and Zoning Board, the City Engineer and the Consulting Engineer. Elbert Coalson made a motion the plat be approved arid signed by the Mayor. John Steely seconded the motion which carried by a 7-0 vote. John Steely made a motion that $820.00 be approved to install street lights on Rosalyn Lane. and that Mayor Protem Elbert Coalson be authorized to sign the contract with Georgia Power Company. Jack Shinall seconded the motion which carried by a 6-1 vote. Elbert Coalson abstained. Committee Reports - (Building) John Steely stated work on the Senior Citizens Center had begun and asked Asa Howard to bring us up to date. Asa reported some footings have been poured and siding put on. and they are trying to finish the outside work while the weather is good. The completion date is May 2. 1980 according to the contract. but they plan to have it completed early. (Water) Jack Shinall said we were having some serious problems with our lift stations on Willowbrook Drive, Hickory Acres and Flagler Circle. He directed Jim David to seek solutions of these problems. including outside help at a reason- able cost, and report to him by December 1, 1979. Jack stated the City of Marietta continues to annex down Highway 41. and questioned whether the inclusion of Highway 41 in with the annexation of Mark Singleton Buick was in compliance with the court order. Jack Shinall made the following motion: I move that the City Attorney be authorized to examine the annexation by the City of Marietta of Mark Singleton Buick and of that portion of U.S. Highway 41 which was annexed with Mark Singleton Buick property to insure that the same is in full compliance with the order entered in the City of Smyrna versus City of ~Brietta. et al. Jerry Mills seconded the motion which carried by a 7-0 vote. John Steely advised this past weekend the West Smyrna Swim and Tennis Club won the Atlanta Lawn Tennis, Low "c" Double's Division Championship. The coach was our City Attorney Charles Camp and he 1NAS congratulated by Hayor and Council. Jerry Hills read a statement which he requested become a part of these minutes. The statement read as follows: In the November 15, 1979 Cobb Extra, Harvey Nix and Larry McIntyre accused members of this City Council of "using their political office to vent personal animosity." I want to state here and to be a part of the minutes of this council meeting the same general statemen.t that I made in the paper. "I voted against this zoning because I consider this to be bad zoning and against the interest of the citizens of Smyrna." I woul.d also 1.ike to point out that this City Council went to great length to give Mr. Nix and his partners every effort to show that their request would be good zoning. This City Council had three public hearings on this rezoning request and the Pl.anning and Zoning Board had two public hearings on this rezoning request. During the last hearing before the Planning and Zoning Board, Mr. Nix was represented by Attorney Ben Smith who is well known as one of the best zoning lawyers in Cobb County. After hearing all evidence. the Planning and Zoning Board unanimously voted to deny the rezoning request. The Ci.ty Council, after careful consideration of all evidence presented to it on two occasions voted to deny the rezoning request. There was never any evidence presented to the City Council showing that this property would be more valuable being rezoned as Mr. Nix had requested. I personally want to state my vote on both occasions was based on the evidence presented, not upon anything else. The rumors that were flying around of bribery and personal vendettas did not influence my thinking one bit, nor did the intensive lobbying by Mr. Nix and Mr. McIntyre influence my vote in any way. In conclusion I want to state that my vote was cast in favor of the citizens of Smyrna and in full accordance with the zoning laws that I have learned during my six years on City Council. I think it is a shame that Mr. Nix and Mr. McIntyre feel that they must do their litigation in the newspaper versus in the court of law. (Finance) Bill Darby advised the tax bills. totaling $1.2 million had been mailed out. and hopefully payments will start coming in soon. Bill asked Police Chief Little if he had a report yet on the papers taken from Gunter Newsom's desk. Chief Little stated he was aware of the situation but did not have a report at this time. (Parks) Jim Tol.leson congratul.ated Parks and Recreation Director Asa Howard for being elected Treasurer of the Georgia Parks and Recreation Association (GPRA). He also congratulated the Smyrna Community Theatre group for their fine production last week. Jim urged everyone to attend the Musical Festival and Lighting of the Christmas Tree ceremonies on December 11th. The Music Festival starts at 7;00 p.m. at the First Baptist Church. 19. 1979 Meeting) Jerxy Mills to 8:30 p.m. Bank Street John Steely motion the following streets be closed from appro xi- the Lighting of the Christmas Tree ceremony: to Church Street and Spring Street from Atlanta Road seconded the motion which carried by a 7-0 vote. read the following 1iqliday activi.ties schedule: of Music Calling - Decorations Program Brochux~s Tree Lighting Ceremony - December 11, 1979 sheets can be picked up beginning November 26th King Springs Park. December 5. 1979 available the week of December 17. 1979 that Woodruff Drive is the only street in the City not paved. could be worked out on this. introduced Wendell Dean. Vice President of Smyrna Cable Television. . Don Berryman. Jeff Parker and Ronald Attaway and thanked them for council meetings. announced that he is this date dissolving the Annexation Committee, Jim Tolleson from the Chairman of the Parks and Recreation Committee. the new Chairman of this committee. More changes wil.1 be made later. The and 23rd. is is November 21st. Thanksgiving Holidays are Council meeti.ng will be December 3rd and the CMA at p.m. 882 2683 OF SMYRNA. GEORGIA CITY ELECTION TUESDAY. NOVEMBER 6, 1979 REGISTERED VOTING election Managers to conduct this election, declare the JOHNSON TOLLESON MAX BACON F. 441 JERRY COUNCILMAN WARD #4 JIM HAWKINS COUNCILMAN WARD #5 JACK SHINALL SHIRLEY VENNEL COUNCILMAN WARD #6 ELBERT R. COALSON COUNCILMAN WARD #7 JOHN STEELY 2 2 628 Mayor and Council of the City of Smyrna. the election WARD #1 #4 #5 #6 117 FRANK JOHNSON JIM TOLLESON MAX JIM HAWKINS SHINALL ELBERT R. COALSON of the votes cast. Chief Manager, Ward #1 Chief Manager. Ward #2 Chief Manager, Ward #5 Chief Manager, Ward #6 (ATTEST) WILLOUISE (DATE) CERTIFIED ELECTION RETURNS OF SMYRNA. GEORGIA SPECIAL ELECTION HELD THIS TUESDAY. NOVEMBER 6, 1979 We. the duly appointed election Managers to conduct thi.s Special election. declare the following results: HOMESTEAD EXEMPTION "Shall the Constitution be amended so as to authorize the Mayor and Council of the City of Smyrna to exempt from certain ad valorem taxes an amount not to exceed $4.000 of the value of the homestead of certain residents of the City of Smyrna who are at least sixty five years of age and who have been residents of the city for a period of not less than three years?" FREEPORT AMENDMENT (1) "Shall Smyrna exempt from ad valorem taxation. including all such taxes levied for educational purposes and for state purposes. the inventory of goods in the process of manufacture or production which shall include all partly fi.nished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only to tangible personal property which is substantially modified. altered. or changed in the ordinary course of the taxpayer's manufacturing. processing. or production operations in this State. provided in Article VII, Section I, Paragraph IV of the Constitution of Georgia?" (2) "Shall Smyrna exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured. provided in Article VII. Section I, Paragraph IV of the Constitution of Georgia?" (3) "Shall Smyrna exempt from ad valorem taxation. including all such taxes levied for educational purposes and for state purposes. the inventory of finished goods which. on the 1st day of January, are stored in a warehouse. dock. or wharf whether public or private. and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State stored for transshipment to a final destination outside the State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the pro- visions of this subsection shall be designated as being "in transit" upon the official books and records of the warehouse, dock. or wharf. whether public or private. where such property is being stored. Such official books and records shall contain a full. true and accurate inventory of all such property, including the date of the receipt of the property. the date of the withdrawal of the property, the point of origin of the property. and the point of final destination of the same. if known. The official books and records of any such warehouse. dock. or wharf. whether public or private. pertaining to any such "in transit property" shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivisions of this State. provided in Article VII, Section I. Paragrapl1 IV of the Constitution of Georgia?" YES NO HOMESTEAD EXEMPTION 26 FREEPORT AMENDMENT (1) 206 75 FREEPORT AMENDMENT (2) 177 90 FREEPORT AMENDMENT (3) 91 HOMESTEAD EXEMPTION 43 FREEPORT AMENDMENT (l) 148 FREEPORT AMENDMENT (2) 166 FREEPORT AMENDMENT (3) YES NO EXEMPTION 281 17 AMENDMENT (1) 190 79 (2) 183 83 FREEPORT (3) 167 91 WARD #4 280 33 FREEPORT AMENDMENT (1) l83 l08 FREEPORT AMENDMENT (2) 169 108 FREEPORT AMENDMENT (3) l6S 114 -~.- 247 26 FREEPORT (1) 90 FREEPORT AMENDMENT (2) 170 86 AMENDMENT (3) 156 100 HOMESTEAD 171 14 (1) 133 49 (2) 127 51 (3) 122 54 618 76 (1) 435 2.11 (2) 408 227 AMENDMENT (3) 398 227 We, therefore certify to the Mayor and Council of the City of Smyrna. the election results. Questions receiving a majority of the votes cast. YES NO EXEMPTION 2388 (1) (2) (3) 1719 760 1610 1546 Chief Manager. Ward #1 Chief Manager. Ward #2 Chief Manager, Ward #3 Chief Manager. Ward #5 WILLOUISE (ATTEST) (DATE)