November 3/10/17, 1980 Council Meeting
November 3, 1980
Dan
meeting of Mayor and Council was held pursuant to the Charter
RaIl. The meeting was called to order at 7:30 o'clock
r Frank J son. All Council members were present.
Charles , City Clerk Willouise Spivey, Director
e Chief R. E. Little, Fire Chief Don Atkinson, Public
Defense Director Jim Farley, Building Inspector
of the press.
Invocation was
Brian Eberhart
followed by the pledge to the Flag, led by
88, First Baptist Church.
Ricks stated in January 1978 he sent a letter to Mayor and
concerning the widening and extension of Cherokee Road and
Johnson stated about 6 months ago he and Jerry
Department of Transportation and that was the
extend Cherokee Road to Windy Hill. The problem
problem being the penetration of the railroad tracks.
he Cobb Chamber of Commerce Task Force on roads and
the number one priority for the City. In the next
be widened from Cobb Parkway to Six Points. The
it to continue on into Cherokee. Mr. Ricks
Commissioner Wit Carson and he had assured him that
full support in this effort.
being used as retail outlets along Cherokee and
12 foot driveways, have created traffic hazards
or good solid development that would bring a good
arteries. Re felt consideration should be given to this
better developments, instead of just repainting the
Mr. Hicks said the City gives their services freely to non-tax paying, non-profit
organizations. The services these organizations receive is paid for by our tax-
paye d he felt some consideration should be given to asking these people to pay
a fa e of the burden for the services they receive.
so said he
ive and h
for
in r
oj ects,
to get out
noticed the increase of flea market operations along
something should be done about it. Mayor Johnson
nts and said the Council has more or less condoned
sections and some organized groups have them for their
ft want to take serious issue with it, but still
all also thanked Mr. Ricks for his comments concerning
was ironic that he made his comment concerning tax-free
services because the Georgia Municipal Association had
this two years ago, and the cost of these free services
taxpayers.
in the paper that the City was considering buying some
a mini-park for $1500. She wanted to know whose ward this was
and why the City is buying an eyesore instead of
Mayor Johnson said it was. in Mr. Bacon's ward and
would be up to Council to decide whether or not to
nson said this item was on the agenda for
this point was not in order. Jerry Mills said the
from time to time, and there is a pump station in the
which has to be cleaned out periodically, and this is one
property so much.
are three vehicles parked constantly adjacent to the Police
they were in violation of our junk car ordinance. These
and Mr. Coalson said if they had a current inspection
d not be in violation. Mrs. Brissey said these
ty, and if they belong to the City they should be
issey was told these vehicles are parked on Dr.
y through an agreement with he and Jim David, but she said she
ing them parked there. Elbert Coalson told Mrs. Brissey we would
Trail asked to make some comments relating
item 12, use of city
them for very good
were not too well paid.
with these employees using
to items
, he
, and he also
Mr. Acker said
city vehicles.
chqnge pertaining to mobile and
Mr. Acker objected to the time being
and trailers on the street and said it was
says "campers or trailers shall not be
except on hard surface pad or driveway
to. Mr. Acker said his driveway was
to park there and he felt. that since he
in a pad. He asked that these two
approved. Elbert Coalson said the
involved. Mr. Acker said he parked his
the rest of it was in his It was
of the ordinance and he could not pour
right of way, which is 12 feet.
the proposed
Chapter 13, Item
placed for the parking of mobile
On Item (e), the
parked front of any such
such dwelling" he
was almost impOSSible
not be
from the
was the
two wheels on the
that this was still
because it would be
made a motion that
to be heard
vote. that time,
Mayor Johnson said
be suspended in order
Steely seconded th~
said there were other
that, item lIon the agenda
item II
carried
who wished
would be
878 Parkway the proposed
definition and mobile home.
would be home is stationary
Mr. Cox said i.n that case, 13 (b) would not
After some discussion Mayor Johnson said we might have some doubts
the intent of this ordinance and asked for a motion to tabl.e this item,
proper time.
change
Coalson
home is
homes.
ab out
at the
Johnson said the next item on the agenda would
a new bond issue with the of the
to the Ridgeview facility
mqtion that the request from
Mills seconded the
and City Clerk
introduced Mr. Bob
for that facility to answer
to
Mayor Johnson
off on that
President
questions.
he thought it would be a
what we
was al02
It was
and at the
which means
of
good idea again for
to accomplish. Mr.
non-profit
with tax
a bond period, which is 20
that after 20 years. now IS
relationship with the City and
by the by-laws, and
relationship with the City,
exempt. We are presently
64 beds; 32 beds for the
problems and also disabled
patients. In order to
one-third of the
with a bond
bond issue will be in
order to have the
by which the City
betterment of
resolution does
payment of
So the resolution
a~d more or less to
of Smyrna. Mr. Fink
to
future
the
of
professionals.
cost of
of its
is
endorse
said he
the City
print several
t--it
to acknow-
the project
would be
that Section 2
of the Issuer, for the purposes
stated "That the
in i.ts Articles of
is hereby
approved
c
s
s
t
by the City"
as stated
the Cit
areas.
ate purpose
and asked what that meant. Mr. Fink said the purpose of the
in the Articles of Incorporation is to provide mental health
Smyrna, Cobb County, State of Georgia and other areas in
that is the purpose as mentioned--we say you are passing on
of the issue.
it stated the life of the bond issue; payments
k said the life of the original bond issue has a
thought. They had a d issue approximately
will be 19 years. It oes not go--it cannot go
ue for tax purposes. The year 2000 is the last
Jerry said the last question he had was, he didn't see where they had any reserve
for the retirement of a new bond issue. Mr. Fink said the terms of the bond issue
et forth in the resolution. By the requirements of the underwriting or
y and so for were required to have one year of debt service set
have service plus, if you want to go into technicalities,
res another principal interest reserve, and right now
ely alf years of debt service set aside.
success
of
bonds would not burden the City if Ridgeview ever
might hurt our bond rating, but asked if this new
re of a financial burden on Ridgeview than it would
d he did not understand how in any way possible that
ct the bond rating of the City of Smyrna and
who rate the bonds know it is not a city bond.
no way possible that it would affect the City of
of the project, in order to bui.ld what
a Certificate of Need process whereby the
and State had to approve the need for the project.
the Local Realth System Agency and had approval
the need for the facility. As to the financial
only two-thirds of the cost is being financed, not
had a feasibility study prepared by a national accounting
service coverage was twice of what is required.
a AA, which is a very high rating. In fact,
itution dn't believe the financial data. He said there was no
ins~itution could be this successful. The Board feels, based upon
onal opinion given us, there is no doubt about the feasibility of the
the project.
Jack Shinall said
went into default
issuance of bonds w
be able to h le.
the failure Ridg
people buying the
guar
to
Ridgeview has been an asset to the City of
wer tions it.... Jack said he thought
ut two years ago some rented property and at that
e donation to the City, or statement that they would
of the building to be leased for taxes that would be
thought i.t was very admirable that they came forth with
that.
they had the pleasure of goi.ng there the other night and touring
Ridgeview is not only well known in our community, but is also
for the p1;"ograms that they have. He would be in favor of any
they have going on. This expansion program will serve the community
better.
said he had one more question since he di.d not have the Articles of
and asked at any time--it was his understanding and asked Mr. Fink
ignorance on this matter--that Ridgeview does revert to the City when
paid off. Mr. Fink said that was correct. Jack asked if at any
could be sold and the City not receive it. Mr. Fink said it could
City of Smyrna, but not by them.
Vote on the moti.on to approve the resolution carri.ed by a 7-0 vote.
also recognized Mr. Ben Underwood, Administrator of Ridgeview and two
the Board, ex-Mayors Arthur Bacon and John Porterfield.
Industry to RM-IO.
to speak in
and Whitfield Street, from
the and. . one who
ed them to come forward.
estate broker said this property consists of
The have a specific zoning
and to use the RM-IO zoning
In order to the lots they will
RM-IO is designed for apartment complexes, which
will be divided separate lots, with the
Their plans build all duplexes. but
building John Steely said he had Mr. Jones
homes and FHA approved, and individu~lly owned.
these units will from $70,000 to $80,000. John Steely
be an asset to the community--Tumo Construction is building the same
Hawthorne Village and all units were sold before construction began.
would the variances requested, which was also
before desire the zoning.
Mr.
2771
715Highview
Street. He was
property had been
City's part, and assured
the
about
RM12.
Davenport
zoning because he owns property at
what would actually be built there
Mayor Johnson said this was an error
that the zoning woul.d be RMlO.
an the
Mr.
the
plants or
neighborhood
had spent quite a b
zoning and development
resident, presented a petition with
the Light Industry zoning because
They built there it was a
not want this type development there. Jerry
time today with citizens in the area and
to them, and they were not objecting to it.
at the carner of Matthews
as Corners, be rezoned from
triplexes. This ~ezoning has also been approved
Jack Shinall seconded the motion. Jerry said
zoning he was also giving his commitment to approve the
come up later. Vote on the motion carried by a 7-0 vote.
and
to RMIO
Planning
the motion
variances
recognized Carolyn Johnson
said this group
Mayor Johnson
recognition
said they had
and the Jeffersonian Cloggers who had
won the National and World National
a fine group of local people who have
Ms. Johnson introduced the group
together for 6 years.
Miller Communications, 1359 Spring Street requested a variance
requirement to feet on the property line adjacent to the Southern
Re presented a letter from Southern Bell stating they had no objec-
building was constructed of non-combustible material, including
letter was also provided from Chief Don Atkinson stating he did not
suppression problems. There was no opposition to the request. Jack
a motion the variance be approved. Max Bacon seconded the motion
which carried by a 7-0 vote.
Ed Ogar,
construction
variances be approved:
Tumo Construction Company, requested
Village. Jerry Mills made a moti.on
(1) 16 lots to vary from the 100 foot width at the setback line from
street right of way to various widths, the largest varying 30 feet
from the required 100 width, and the smallest varying 5 feet
from the required 100 width at the setback line.
(2) Variance is also requested, if needed, on the required 75 foot
buffer between RMIO property that abuts or adjoins any single~
family district.
John Steely seconded the motion wpich carried by a 7-0 vote. Jerry Mills made a
motion the Mayor be authorized to sign the plats for Hawthorne Village when they
are John Steely seconded the motion which carried by a 7-0 vote.
Cumberland Corners, Matthews Street & Whitfield Street requested
variances:
(1)
The minimum
Avesta, Inc.
from street right of way
to vary to 35 feet from the s
50 feet.
right of way.
(2) Minimum sideyard setback from 35 feet to 10 feet.
(3) Rear yard setback l.ine from 40 feet to 30 feet.
(4) at the setback line from street right of way is 100
ted to vary to 85 feet on Lots 6, 7, 8, 9 and 10 as
(5) ed. on the required 75 foot buffer between RMI0
ts or adjoins any single-family district.
Mayor there was any opposition to the variance requests.
Dan Maddox, who stated he 1.ived on the Cobb County side of the street expressed
concern about the traffic already on the road and asked whose responsibility the
road would be, and also wanted to know if the road would be widened in any way.
Jerry Mills said the road would be upgraded, with curbing on the City side, and
if it was w1dened it would be the responsibility of the county.
Rem Bennett said the s would be ready this week and they would all be proud
of it. Also, other an the variances requested, everything else would meet require-
ments of RMIO zoning. The striking of the recreational facilities would also be
added to the variances.
Jerry Mills made a motion the variances be granted provided there will be no more
than three units per lot and the buffer area and open space requirements be waived.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Bids on (1) 20-cubic yard M-200 rear loader for the Sanitation Depart-
opened, read and recorded as follows:
Truck Transport Equipment Co.
4800 Mendell Court, SW
Atlanta, Ga. 30336
$13.541. 00
Commercial Equipment Sales
15< Servi.ce. Inc.
P. O. Box 488
Marietta. Ga. 30081
$13.74I,07 (30 day delivery)
Tolleson made a motion the bids be referred to the Sanitation Committee with
accept or reject the bids. Jack Shinall seconded the motion which
5-2 vote. Voting for was John Steely, Elbert Coalson, Jerry Mills,
and Jack Shinall. Max Bacon and Jim Rawkins opposed.
Bids on 600 residential water meters, w:ith and without connections,
. read and recorded as follows:
(1)
Neptune Water Meter Co.
200 Permalume Place
Atlanta, Ga. 30318
$31.40 ea.
$4.00 ea.
in on old
for trade
meters
(prices good for one
year, invoices net 30
15< shipment can be made at once)
(2)
$21.00 ea. with trade in
$24.95 without trade in
Southern Meter & Supply
P. O. Box 100463
Atlanta, Ga. 30384
(3)
$23.79 ea.
(Kent PSM-190)
$27.53 ea.
(Kent C-700)
$4.50 ea. for trade
in on old meters
United Utility Sales. Inc.
Suite 206
2065 Peachtree Ind. Ct.
Chamblee, Ga. 30341
(4)
$28.45 ea.
$4.50 ea. for trade
in on old meters
$4.00 ea. for trade
in on old meters
ett Utilities, Inc.
Box 432
ille. Ga. 30278
al
$26.90 ea.
Continuation - November 3, 1980
Jack Shinall made a motion
review and authqrity to accept
motion. Jqhn S~eely and Jim
felt should be stated
with Af
would Vote on the
Mills and Elbert Coalson.
Steely. Jim Tolleson abstained,
break the tie. Re voted against
Jim Hawkins made a motion the bids be
to accept the low bid if it meets the
which carried by a 7-0 vote.
bids be turned over to the Water Committee for
all bids. Elbert Coalson seconded the
that since five bids were received they
accept the low bid or return to full Council
discussion, Jack stated the original motion
3-3-1. Voting for was Jack Shinall, Jerry
was .Jim Hawkins, Max Bacon,. and John
it necessary for Mayor Johnson to vote and
motion then failed by a 3-4-1 vote.
turned over to the Water Committee with authority
specifications. Max Bacon seconded the motion
Bids for (1) hydraulic sewer cleaner were opened, read and recorded
as
Industrial Sewer & Water Services
P. O. Box 4783
Martinez, Ga. 20907
$19,745.00
120 day delivery
Enviroquip
p. O. .Box 1343
Forest Park, Ga.
$17,220.00
l,177.00
75 to 90 day delivery
(optional equipment)
30050
Jack Shinall made a motion the bid be awarded to the lowest bidder.
for lack of a second.
Motion died
Jerry Mills made a motion to table act:Lon on bids to the next meeting.
Hawkins.seconded the motion which carried by a 7-0 vote.
Jim
There were no commercial building permits to bring before Council.
as
John Steely said at the last Council meeting
proposed resolution concerning the use of city vehicles
"Now be it resolved that the Mayor and Council of the City of Smyrna adopt
the ;following resolution concerning the use of municipally owned and operated
All municipal vehicles will be operated only on official city
and no vehicle shall be taken home by any city employee, with the
exceptions:
1) Each department head who has an assigned vehicle shall have the right
to take said vehicle home with them provided they reimburse the City
for a].l_ gasoline used for mileage driven outside of the corporate
limits of the City of Smyrna.
2) Each employee who is on call for emergency services shall have the
right to take the emergenCY service vehicle home with them. This
exc.eption shall be exercised under the direction of the concerned
department head.
The enforcement and compliance to the aforestated policy shall be the
of the concerned department head and the concerned departmen-t head
individually responsible for the compliance. This policy shall take
November 4, 1980, and shall remain in effect until such time as it is
the Mayor and Council. of the City of Smyrna."
responsibility
be held
on
modified by
made a motion the resolution be approved. Attorney Camp said before he made
he might want to c.onsider changing in the second line the word
to "policy", as he to policy in the last paragraph. John
changed the motion to state the policy be approved. Jinl Tolleson seconded the
motion.
reason he feels so strongly about this is because of the rising cost
in no way reflects upon these department heads. Elbert Coalson
agreed, but we did have some department heads in this city who
a car when they , and he also felt the department heads
oWn departments. it would not limit any department head
vehicle home; we are asking for reimbursement for gasoline
outside the City, at a set cost per mile.
Gunter Newsom
explained how the cost would be computed for rnileage. In answer to
Jerry MilI-s. Gunter said there were 3 or 4 vehicles that would falI-
sions of Section. 1 of the policy. John Steely said Rertz had just
n cost of operation for a large car and it comes to 48.1<;: per
r and tear on the car, insurance and maintenance, but
sement on gasoline only an a per mileage basis. John
about more than 3 vehicles when you include all
cles home now. Max Bacon said the abuse of this
department heads, but with employees and sai.d he would
to committee and let each department head get with
cide which vehicles need to go home. Elbert Coalson
no two departments are run alike--the police chief and
hours a day. John said that last year we had spent
gasoli.ne and mileage and this was for all nutomobiI-es
mi
we
said we were
employees who
privilege was
like to see
their commit
said t
fire chief are on call 24
approximately $40,000 for
going home.
Jim Tolleson asked John if he would be in agreement to amend Item 1 to allow each
ead who has an assigned vehicle to take said vehicle home, since we
alking about 3 vehicles for department heads, and leave Item 2 as is.
Mtlls agreed with Jim Tolleson on his recommendation.
Jim Tolleson moved the
who has an assigned
Shinall seconded t
Item 1, "Each department head
take said vehicle home." Jack
ter Newsom said the dollar savings to the City
insignificant, but the savings would come by elim-
ity employees. Vote on the amendment carried by a
tion carried by a 7-0 vote.
us
Sh
St
Bacon
y thanked Sue Brissey for her concern over the East Twin Oaks property.
there was a pump station right in the middle of the property, and it had
t of ~ondemnation from the City because of the way it was kept.
condemnation wo ve been well above the cost to buy the property,
d include t.he construction of a mi.ni park there.
sewer problems, problems with rats. etc.., causing problems
the area. The total price, which is the assessed value of
.95. Back taxes would have to be paid amOtin ting to $95.05. gi vi.ng
a total of $1500. In last yearts budget, $2500 was allocated out of Revenue
the property, and this money will come from last year's budget. John
a motion that we purchase this land, at a total cost of $1500. Max
seconded the motion.
Sue Brissey asked if she could speak. Jerry Mills
s and allow her questions. Max Bacon seconded
vote. Mrs. Brj.ssey sa:i.d she had just read in the
an in taxes. and then they were going
t need any more parks. We don't have the personnel
John said to a small degree that was tFue, but the
the City. We have parks in the City that have had equip-
as the one in Ward 4. We hope one of these civic 'groups would
the equipment on the property.
spent cons:i.derable amounts of money over the past
and the owner has been fined. when he could be
II cost him almost as much as the appraised value
and he will be better off to sell it to the City
also said he felt it would be better for
$1500 rather than pay his fee o.f the same amount
Vote 'on the motion to purchase the property carried by a
Jim Hawkins voting against.
al times with a committee appointed by the Mayor
f consolida.ting emergency telephone services here.
rices and .like what they see. It should result in a
t that's not rea11y the intent.' The intent is to estab-
system which means one telephone number will be
cy--police,fire, ambulance, civil
11 have one number to call. which will be
66. The total communications system will be moved
salary will be upgraded to dispatchers position,
s. The radio console will be. moved from the
Department which will give us two operators in the
It will give
calls. It will
after is to allow
involved in an
upgrading the
is a faster speed,
which will
will be installed on the doors
call and the station, the doors
equipment will be installed. Jim said
together a.. good system--one that will work
for izens of Smyrna. The cost
actually reduce.
and Parks
to fight
whether
to
The
that we adopt this emergency telephone dispatch system
and.any other citizens emergency and that the money
fund, not to exceed $1200. Jim Rawkins seconded
motion.
Jack Shinall asked when the implemented, and Jim said it should be
implement:.ed around January, 1981. When the system is implemented, they would like
to distribute 6,000 or 8,000 telephones with the number On it. Follow-
ing from Jerry Mills. ambul"ance service would probably be zoned
and would not have rights to ambulance Smyrna.
City would liability where we don't ambulance
Chuck We would, only if we policy
call for an Jim Tolleson said we had to find
a system from another mtjnici-pality that they are donating to us. It's a
24-hour lqgging recording machine and be installed too. and will be used for
training. Vote on the motion carried a 7-0 vote.
motion
proposed amendment to the Code of Ordinances.
Trailers, be tabled. Jerry Mills seconded the
a.motion the
the committee had
carried by a 7-0 vote.
change concerning billboards be
to review it. Jim Tolleson seconded the
Jim made a motion the minutes of October 6, 1980 be approved as submitted.
Elbert Coalson the motion which carried by a 7-0 vote.
of October 20, 1980 be approved as submitted.
carried by a 7-0 vote.
had received a letter Sutton
replacing the Highland Drive pump station.
done. Jim said he appreciated the Council
and we would all benefit it.
Bacon said he would
the new
that he did not
, he thought
apologize to Chief Atkinson. Re whole-
and knew Chief Atkinson had some reser-
Max said he did not know it would come up
be for discussion only.
said at the last
shifts and 8 holidays
should assume it was
Johnson said it would
item be brought off
by a 7-0 vote.
12-hour shifts., 4
the Chief of the
said the policy
anything,
a 2-5
Steely,
motion was tabled to put Eire Department
it was not placed on wanted
, or are we going to or apprOVe
a motion to bring off Jerry made
seconded by Jack Shinall. Vote on the
restated his motion that the Department
4 days off, and be as
Jack Shinall seconded the motion.
at the last Council meeting had
would like to leave it as it is now. Vote
Vqting for was Jerry Mills and<Jack Shinall.
Coalson, Jim Toll_eson, Jim Rawkins and Max
Bacon.
Jerry Mills said he
6% factor added to
still
a lot of complaints from citizens about the
the people in his area were totally
against the assessment and
he believes in it or not.
reduced from 14 to 13.75.
agreed with Jerry and felt
he had to go along with the people he represents whether
Jerry made a motion that the millage rate for 1980 be
Jack Shinall said he would second the motion because he
we should reduce the millage rate, just as the county did.
John Steely said he thought we were being double taxed on just every service we have
in Smyrna but he could not see' how we could decrease the millage and operate in a
sufficient manner. There a mistake in the budget and the $86,000 that was
factored went back into the udget. If we don't accept it, then the City would be
adopting a deficit budget.
Jack Shinall said ~e felt they should represent their city and ward.
he did at the last meeting and that's what he's doing now.
That's what
Elbert Coalson said he was going to propose giving a 5% cost of living raise from
the factor, but due to the error he cannot.
Jim Hawkins said the f
up for the miscalculat
was anticipated by everyone but is now having to make
in tax receivables.
is what
budget hearings with the entire Council he said he
increase, but;; not the In 1980, this city
r rates twice, water rates, taxes, and now we have
the people I represent are complaining about.
John
with
said he was for the sewer increase but at the time was comparing it
his own bill of a family of four and thought it would be suitable for everyone
around him, but he found out that sewer rates in Bennett Woods have gone up 300%
object to that. John said he was going to lOOk into, ways of lowering
on.
Jerry said we were called in one night and told the assessments were here and didn't
have a chance to vote on it until tonight. They didn't have a chance to actually
take a vote on whether they wanted it, or wanted to turn it down, and he did not
have an opportunity to vote against it. Mayor Johnson explained that we got the
digest on a Thursday, and the county had to know our millage rate on Friday morning.
Vote on the motion to cut the millage rate failed by a 2-5 vote. Voting for was
Jerry Mills and Jack Shinall. Voting against was John Steely, Elbert Coalson, Jim
Tolleson, Max Bacon and Jim Rawkins.
having trouble with the lift station on Ann
is out now and there is a problem. The cost given
94.97 and will take 4 to 6 weeks for the parts to
or that is working. but not the best. Jack made a
order the parts at a total cost not to exceed $1400.
ble item, but in an emergency situation he
e a purchase. Elbert Coalson seconded the motion
Jack Shinall ttish Rite Hospital will be holding a pledge walk this
ing a Center and asked each councilman to pledge funds to see
15 kilometers.
(Finance)
tomorrow.
citizens should be receiving their tax bills
Elbert Coalson said
is closed for the season. John said
our tennis courts where the nets would
minute or I hour interval of play.
any more money. but this is a
John said he and Max
Coalson asked if this was a
Steely said King Springs Park
sidering net meters
until a coin, was i,nserted
were not trying to charge our
with the county
convention. Elbert
was.
problems with the Willowbrook pump station and
like to eliminat~. Re said he was still looking
sed to raw sewage being dumped into creeks from
Next Council meeting on November 17th and the CMA annual Christmas
9th.
Meeting adjourned at 10:30 p.m.
************************
November lO, 1980
The
City
by
Meeting of
Georgia.
Mayor Frank
Clerk Willouise
Council was held November 10. 1980 at the
was called to order at 5:30 o'clock p.m.
All Council members were present. Also
and Finance Director Gunter Newsom.
Mayor stated the purpose of this called meeting was to adopt a resolution
and clearance of rights of way with control of future encroach-
ments regulation of vehicular traffic on highway construction; specifically,
the 1.263 miles of Pasadena Boulevard. PR-8530-(067).
Mayor
would
which
$80,000.
has not
said the State
and we are
amount to an
The cost of any overrun will
to this project.
us $80,000 for the project, John Williams
get Cobb County to do the sub-base work,
around $80,000, and the City will pay
be born by the City. As yet, the county
Jim Tolleson to adopt the resolution covering
and clearance of of way on the 1.263 miles of Pasadena Boulevard,
as submitted by the State Department of Transportation. John Steely seconded the
motion which carried by a 7-0 vote.
Meeting adjourned at 6:00 p.m.
************************
November 17, 1980
of Mayor and was held November 17. 1980 at City Hall.
was to order Protem Elbert Coalson at 7 o'clock p.m.
of Mayor Frank who was on vacation. All members
Also present was City Attorney Charles Camp, City Clerk Willouise
Director Cunter Newsom, Police Chief R. E. Little, Assistant Fire
Cochran, Water . Supervisor 'Larry Dunn, Parks and Recreation Director
Bill , BuiJ_ding Inspector Dan Steely, Civil Defense Director Jim Farley
and representatives of the press.
Invocation was given by Councilman Jim Rawkins, followed by the pledge to the Flag.
There were no citizens reports, but John Steely
the he would like to introduce. Larry
here he had just brought them with a C2
had someone special in
is a local professional
mens
Mills said that November 1978 a resolution was approved by
approving an increase of Romestead Exemption. This increase was
the General Assembly March of 1979 and by the voters of Smyrna on
1979. We later this had to appear on a ballot in the General
to the Constitution. which was and passed
tonight is to increase from
year 1980 rather than 1981.
This
effective
$4000,
On November 4, 1980,
Article 7" Section I,
to allow for an
from $2500 to $4000, and
electorate of the City of voted
4 of the Constitution State
of a certain type of Homestead Exemption
WHEREAS: It is the desire and intent of the Mayor and Council of the City
of Smyrna to implement this increased Homestead Exemption,
resolved that the Mayor and Council of the City of
the first $4000 in assessed va],ue from ad valorem
City of Smyrna. except for school purposes and to pay
bonded indebtedness, on the homestead of each resident
is s{xty~fiveyears of age or older and who has
f Smyrna for a period of not less than three years
by said owner for such exemption, so long as the
pied by the owner as a residence and homestead, for
t years."
Jerry made a motion the resolution be approyed.
which carrie4 by a 7-0 vote.
John Steely seconded the motion
Pawn Shop, Joyce S. Jenkins, for violation of Section
es. Joyce Jenkins. Doug Jenkins and Smyrna Detectives
e sworn by Attorney Charles Camp. Elbert Coalson
, 1980, sent to Mrs. Jenkins notifying her of the
ting from her guilty plea and conviction in Recorder's
violation of Section 14-62 of the Code, and also
time of the show cause hearing tonight. Elbert
ng over to the City Attorney, who then asked for a report
Detective Bates said that on October 29, 1980, he and Detective Brack conducted an
inspection of all pawn ~hops in the City. At the Belmont Pawn Shop they particularly
wanted to inquire as to the serial number on an IBM typewriter which had been taken
in on pawn. There was no serial number listed on the pawn ticket and they asked
Mr. Jenkins where the typewriter was and he stated to us that he had already sold
it. holding it e required 30 days. Mr. Jenkins said he could produce
the ter within tely one hour. This was at approximately 11:30
appro p.m. on that same day Detective Brack and myself went
pawn served an IBM typewriter, serial number 8290948.
left and che computer and discovered that the typewriter had
len in a burglary from the Open Bible Tabernacle on September 21, 1980.
e Bates said they a copy of the Cobb County Police Department's
o nal burglary report. Brack called Mr. Jenkins and told him the
typewriter was stolen, onto it so that it could be claimed as stolen
p Jenkins k within an hour and said the typewriter that we
is not the one taken in on the pawn ticket. Detective
J bring the typewriter to the station at this time.
st typewriter and Mrs. Jenkins stated to Detective
f that on pawn ticket #20766 which had been pawned by
had a sold back to Mr. Moon without having been held
days. ns then voluntarily produced a notebook paper receipt
pewriter in question. the one that was stolen,
O. which is a Sunday, and also a violation of
conduct business on Sunday. The receipt was to a Thomas
Road. Mr. Jenkins stated that he had conducted this
outside the Belmont Pawn Shop and Mrs. Jenkins had
Iso appears on the notebook paper receipt. Detective
to locate an individual, at least in this area. named
address 2110 Concord Road. to the best of our knowledge,
security number 260-64-9326 which appears on the
who was born in 1907 and her name is Mary Ina
Jesup, Georgia. Based upon this information, Mr. and Mrs. Jenkins
violation of the City Ordinances for failing to keep proper records
stolen merchandise.
in.
Als
to
in
with
this
In response to a que from Jerry Mills, Detective Bates said he had been unable
to locate Thomas P. ain whose name appears on the handwritten notebook paper
asked Mr. Jenkins if he had required that subject to produce any
im. ed no. John Steely asked if there were two
Bates said yes, but the charges brought here
r. The inspection of one typewriter led into this
ges. Jerry Mills asked if he knew who sold either
s replied no, Mr. Jenkins had records to indicate
was sold to Lawrence Moon. Detective Bates said that
as
cular
was not with Mr. Moon.
there might be any other
he had merchandise in
and he.was informed that
if it could not be
to two-thirds of the items
said the stolen typewriter
to a Mrs. Josey on October
It was recovered
on the 29th of October.
had been warned prior this concerning the same
said he had been warned on several occasions, numerous times
other detectives. asked if he was charging
to keep proper records, of whether or not he
Detective Bates shops are required to fill out a form
was identical to this form out on Mr. Moon. They are control numbered
information individual, including a index finger-
a question Coalson, Detective Bates everything
a pawn shop, whether has been pawned or bought, must proper
on it, by City and State law. They are to turn in
~eport to the Police , and the ordinance states a record of
must be made hour. In answer to a question from Jerry
said the and owner, being Mr. and Jenkins,
guilty in s Court ror violation of Section 14-62, failure
proper records, and fined $50 each. John Steely asked if warnings had been
any other pawn shops in City and Detective Bates replied yes.
said the warnings to other pawn shops were for such things
to have their pawn shop up, and not for violation of this parti.-
ordinance.
Jerry asked
a certain
He then
shop that
purchased
according
. Jenkins
Mills asked
Detective
a
the
entered
to keep
issued
said at that time
transrerred over.
the reason they were
for the Police
the merchandise
15 items
did not
the same
had been pawned
merchandise.
pawned by Lawrence Moon, the serial number
find it. She said she knew him, had his
needed. On the transaction with the second
to do some cleani.ng on Mrs. Jenkins
transaction took place, but she came back
home to keep, but there something
it back to the shop. It was sold later to
on the police report. John asked if they
stolen when it was brought in and Mrs. Jenkins
that the typewrit:er had been Hr.
as Belmont Pawn Shop that day, was outside
the notebook paper receipt was because he didn't co go
of going back inside for one of the regular pawn
social security number and address, but did not ask to see
because he was in a hurry to leave. Mr. Jenkins he didn't
but described as being about 6' 1" with
30's. Mr. he understood now that
out the Elbert Coalson
violation of the
proper paperwork
there were three
was because they did not
Mr. Jenkins said the
shop was that a lot of
to his father in law.
sell the back
Mr. said he not
be held , he thought
He
were
on February
of the Code.
it just
had to
one of the
he had
there on
the first
Moon, he
know that
it only
made a motion the for Belmont Pawn Shop be
motion. Vote on the motion carried by a 5-1 vote,
,Jerry Hills
John Steely
to
had
Oakdale Drive requested a side yard variance
adjacent property owner. Vic Broyles
no reason to not grant
, the owner of the
a motion the
by a 6-0 vote.
L. Stiefel,
five feet
the p~operty
was signed by
had no objectiOnS.
seconded the motion
Jerry
of the minutes.
Vote on the main
Burt requested a variance of two feet on the sewer
Lot 6, Block M of the Greenforest Subdivision. Mr. Burt
it was exactly 50 feet from the street to the beginning
t a stake up to show the beginning of the easement and
the plat went another 50 feet without really looking
t crossed at an angle. Where it crosses at an angle
the property line and he thought he was at least 6 feet
the house is already completed. Vic Broyles
d find no reason why the variance should not
on the variance be granted, seconded by Max
t to the motion that the plat and letter be made
teely seconded the amendment which carried by a 6-0
carried by a 6-0 vote.
Commercial building permits were presented by Inspector Dan Steely as follows:
(I) Miller Communications, 1359 Spring Street requested a permit for the construction
of a 1600 square foot building at a total estimated cost of $15,266. Plans had
been ed by the Inspector and Fire Marshal and Dan recommended they be approved.
John made a mot permit be approved, seconded by Ji<m Tolleson. Vote
on the motion carried vote.
(2) Carmichael Funeral
on the site of the 01
of $246,475. Plans h
as well as the State
made a motion the building
carried by a 6-0 vote.
Rome, 2950 King Street requested a building permit to rebuild
s-Carmichael Funeral Rome at a total estimated cost
approved by the Inspections Department and Fire Marshal
shal and Dan recommended they be approved. Jack Shinall
permit be approved. Ma<x Bacon seconded the motion which
Ordinance Amendment:
Tra and Motor
mot this item be
by a 6-0 vote. Jack
An ordinance amendment for Chapter 13, Mobile Romes, Travel
abled at the last meeting and Jim Tolleson made a
off table. Jack Shinall seconded the motion which carried
Shinall read the proposed amendment as follows:
Trailers, and Motor Homes
Mobile homes, motor homes and travel trailers, and parks therefor
regulated.
(a) It shall be unlawful for any person to maintain or operate a mobile home
or travel trailer park or camp, or to park or maintain a mobile home or travel
trailer in the City except as provided in this ordinance.
trailer shall be parked on any street, alley,
cept in the event of emergency or temporary
r than twenty-four hours, subject to any other
ions, regulations or limitations imposed by the traffic and
or ordinances for that street, alley or highway.
mobile home shall be parked or maintained outside a licensed mobil<e
sales lot except in cases of extreme hardship, approved by the Mayor
Council after review and recommendation by the Zoning and Planning Board.
travel trailer shall be maintained as a residence except in an approved
properly zoned and licensed for such activity.
travel or camping trailer shall be parked on
any zoning classification, provided any
not be parked in the front of any such dwelling
driveway accessory to such dwelling.
t be approved, seconded by Jim<Hawkins.
Vote on the motion carried by a 6-0 vote.
There
to be opened at the December I, 1980
quantities of 500 and l,OOO. John Steely
vote.
cil amend an ordinance approved on November 22,
a retirement plan for the employees of the City of
trust agreement in the contract fOr the administration
the Joint Municipal Employees Retirement System as
This
so as to clarify
leave of absence on
; and for other
be in Section 2
the motion which
part of the master plan,
Max
a motion that the of the resolution,
II, Section 46, , Sectiona la(l) and la(2) be
further study. Jack Shinall seconded the motion which carried by a 6-0
vote.
.Jack
different
stated the Water
engineering firms over
sewer system evaluation
this was in the form
adopted tonight:
has been meeting
few months to come up
study. After these meetings,
of a resolution. Jack made a
several
a firm to
felt the best
the following
way
of its
The City of Smyrna a need to have performed an
l:ine and said study is commonly referred to as a "201
study
has
The Environmental Protection Agency of the United States Government
assist performing said study, and
Cobb County is the
applicant for the 201 Study, and
ducted
the
The Water and Sewer Committee of the Smyrna City Council has con-
interviews with eight (8) engineering firms concerning doing
Study, and
All of the engineering firms were technically q1..laTified to perform
the Study, and
WHEREAS :
these on
of the>Srn.yrna
The Water and
the basis of
system, and
the Mayor and
related
have prioritized
and knowledge
WREREAS:
It takes many hours to prepare a proposal for a 201 Study, and
WHEREAS: Because of said
201 Study only from those firms
. it is advisable to request proposals for the
the highest priority,
that the Mayor and Council of the City of Smyrna
the City Council to request a proposal from
on the prioritized list. This proposal
for their review with the right to
the proposal from the number one candidate
then the Water and Sewer Committee is empowered
priority from the other engineering firms on the
Be it resolved
Water and Sewer
the engineering firm listed as
shall be submitted. to the Mayor
accept ect the proposal.
be by the Mayor and
to request a proposal in order
prioritized list.
Jerry seconded the motion. Jim Rawkins asked who would be number one on the
priority list if we accept this Jack said the number one firm now is
Mallett & Associates, the Stephenson & Steinechen, and the third
is Welker & Associates. Jim Tolleson asked what he would compare the first proposal
to; it seemed to him it would behetter to have two or three. Jack said it would
be too , that their proposal would somehow be added into the bid. Also,
if we bids, we would be by the Environmental Protection Agency
to lowest proposal, might not be the best one. Jim said
that state now, when the first proposal came in he would that it be
we can receive one to have something to. go John Steely
Mallett & their reputation for good Jim Tolleson
re-explain his reasons selecting a firm this Jack said
the lead applicant and in his discussi.ons with Sutton, was
was the best way to it, based on his past e~periences. Also,
was placed the list based upon work.he has done for
us in the past, and Jim David's recommendation. It would take approximately 3 or
4 weeks to receive the proposals.
discussion.,
the first three
his original motion to ask for pro-
to be reviewed in order. John Steely
the amendment which carried by a 6-0 vote.
vote.
Vote on the main motion carried
of the Senior
he was still t
for parks an
ts: (Parks) John Steely said that he and Chuck Camp had won the
tennis title and showed their trophies. John reminded everyone
rsary party on November 24th at 11:00 a.m. Also,
the youth associations involved in the 77 acres we have
to get together with alJ~ of them to get their suggestions.
Jack
Jack
News
had a women's ALTA team that won their division this year.
submitted by engineering firms was on file in Gunter
anyone would like to review them.
Mills said the Save Old Smyrna group had done a pretty good job even though
not been able to give them any money. One statement in the paper he didn't
as the fact that somebody put in there we were rednecks. Jerry said he didn't
too much of a redneck--they were just conservative in Ward 3.
Benefits) Max
ty's health
Max s aid we
y and felt it
a motion that
ried by a 6-0
Bacon asked that he be given permission to ask for proposals
plan to be received for the December 15, 1980 Council
ved a considerable increase from the person now holding
would be beneficial to the City to shop around for better rates.
proposals be requested. Jack Shinall seconded the motion
vote.
this was Dan Vandermeer's last night to cover the meeting and was leaving
Neighbor for another profession, and told Dan they had enjoyed working
Jim Tolleson told Dan Vandermeer that was a fine article he wrote the other day.
Regarding the statement that Jerry made, he couldn't have said it any better.
turned the bids on the water meters over to Jim
for review. Jim David had submitted a letter
was the bid submitted by Southern Meter & Supply
red as the low bid; however, he requested that the Rockwell bid also be
on the basis of the guarantee of 25 years, and 15 years to measure
accurately. Larry Dunn said the bid from Southern Meter was lower by $1.90; there
r bid from Kent but it was unacceptable and Rockwell was a better meter.
ative from Southern Meter was present and stated that their meters also
year guarantee on registration. Jack made a motion that we purchase the
uthern Meter at a cost of $21.00 each, with the stipulation that if at
d the meter becomes unsatisfactory, we reserve the right to cancel
rebid. John Steely seconded the motion which carried by a 6-0 vote.
requested that the following equipment assigned to the Civil Defense
be declared surplus and that bids be authorized to be received for the
the equipment:
1 Bus, GMC, 1952, SiN 8F57WI03099, as is, where is, repairs required to
make operable. Located in the vacant lot on King Street across from
West Spring Street intersection.
I - Generator, gas engine, PE-197, SiN 1-340, 120 volt, 60 cycle, 1,500
watt, as is, where is, repairs required to make operable. Located
behind the Fire Station near the Jonquil Room.
1 - Lot, estimated to contain 1 cargo body, 2 cargo personnel sears, 1 tail-
gate and 1 set of cargo roof bows, for M-715 Kaiser-Jeep 5/4 Ton truck,
as is, where is, located at the rear of the parking lot on Bank Street
across from the Police Station.
1 - Adding machine, Remington, Model 99, SIN 99N1819627, inoperable, repairs
required. Located in the Civil Defense Office.
machine, terminal, National, SIN TR1IKN708277, inoperable, repairs
red. Located in the Civil Defense Office.
eceived at the regular meeting of December 15, 1980,
le for inspection December 8th. Also, that proceeds
equipment be set ... aside and made
purchase of rescue equipment. Jim
bids on December 15th.
vote.
available to the Civil Defense
Tolleson made a to surplus
.Jack Shinall the motion
Christmas
16th and the
9th; Lighting of
meeting on December l.
tmas
6th
said he hoped all Council would plan to attend the
party. Mr. Coalson also recognized Don Yaw with
Citizens
TV.
Meeting adjourned at 8:50 p.m.
A .33.1.S NHor
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