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)