December 7/21, 1981 Council Meeting
December 7, 1981
r scheduled meeting of Mayor and Council was held pursuant to the Charter
r 7,1981, at Smyrna City Hall. The meeting was called to order by
presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members
esent. Also present was City Attorney Charles Camp, City Clerk Willouise
Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works
rector Jim David, Parks and Recreation Director Bill Johnston, Civil Defense
Director Jim Farley, Building Inspector Dan Steely and representatives of the press.
Invocation was given by Max Bacon, followed by the pledge to the flag.
Citizen Reports: Sue Brissey of Havilon Way read a prepared letter to Mayor and
Council concerning the recent adverse publicity involving the extension of Pasadena
Boulevard by the City, County and State. Jim Tolleson said that council had worked
very hard on the annexation of Post Properties, and no deals were made for the
ay. Jim read a letter dated May 4, 1979 from the Mayor and Council to John
of Post Properties outlining the City's intentions and plans for the area,
property be annexed into the City. Lengthy discussion followed, and Max
a developer in the City and County said it escaped him why no one had ever
s Mayor and Council what a great job they were doing, and how much their
should be appreciated.
Jay Wallace of Smyrn cees requested permission to hold their annual Empty
Stocking Fund roadbl December 12th and 13th at the intersections of Cherokee
at Atlanta Road and Hargrove at Spring. Mayor Johnson told Mr. Wallace to work
his plans out with Chief Little.
roval: Jack Shinall made a motion the final plat for Phase III of Falling
approved. Jim Tolleson seconded the motion which carried 7-0.
Bid Openings: (1) Bids for the repair of the roof on Fire Station #3 were opened,
read and recorded as follows:
Artcraft Construction Co.
Charles Curtis Dobbs
T. C. Ledbetter
$1,620
$ 510 - 10 days completion
$ 853
Jack Shinall made a motion the bids be turned over to the Fire Committee for review,
with authority to rd the bid. Elbert Coalson seconded the motion. Max Bacon
amended the motion r the Fire Committee to review the bids and have a recommendation
ready for full council at the next meeting. John Steely seconded the amendment.
Vote on the amendment and main motion carried 7-0.
(2) Bids for traffic signals were opened, read and recorded as follows:
Material & Labor
labor Only
Bass Signal Corp.
Rt. 4, Box 203A
Eaton, Georgia 31024
(30 day completion)
Over & Under Electrical Cont.
P. O. Box 91312
East Point, Georgia 30364
A&P Signal Co.
3560 Old Klondike Road
Conyers, Georgia 30207
$20,200
$ 9,200
$24,500
$13,250
$18,736.50
$ 9,000
Jerry Mills made a motion the bids be turned over to committee for review, with a
recommendation back to full council at the next meeting. Jim Hawkins seconded the
motion which carried 7-0.
(3) Bids for the installation of floodlights at Cobb Park were opened, read and
recorded as follows:
Lynn Lighting
1334 Jordan Road
Powder Springs, Georgia
$2,450
$3,775
December 7. 1~81 - Continued
Brisco 8< Davis
P. O. Box 1342
Douglasville, Georgia
$2,675
John
Jim
made a motion the b
seconded the motion
awarded to Lynn Lighting. the low bidder.
ch carried by a 7-0 vote.
Certification of Election: Dusty Bennett, Superintendent of Elections, read the
results of the November 17th run-off election, a copy to be made a Part of these
mi Tolleson made a motion the results be accepted. Max Bacon seconded
the ch carried 7-0.
Reapporti onment: Jerry Mi 11 s mi;l.de i;l. mob on the seven wards of the City be reappor-
tioned. OohnSteely seconded the motion. Jim Tolleson amended the motion that
Dusty Bennett be appointed to structure the reapportionment, to be Gompleted by
May 30, 1982. John Steely seconded the .amendment. Vote on the amendment carried
7-0. Jack Shinall then made an amendment that a committee of three council members
be appointed to work with the reapportionment. Jerry Mills seconded the amendment.
Attorney Camp said he did not think this would be necessary since council would be
required to meet with the reapportionment committee at least once to get their
input, and another meeting as to what the initial proposals might be before a
final draft would be made. Also, the final approval of the reapportionment will
ultimately be made by council. After further discussion, Jack Shinall withdrew
his amendment. Vote on the main motion carried 7-0.
Elbert Coalson made a motion
$2,895.38 be approved for payment.
by a 7-0 vote.
Georgia Municipal Association dues of
Jack Shinall seconded the motion which carried
Jim on made a motion bids be requested for a low-boy trailer to be opened
at the next meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote.
This expenditure was previously approved in the Revenue Sharing budget.
Jim Tolleson made a motion the minutes of November 2, 1981 be approved as submitted.
Jim HaWkins seconded the motion which carried by a 7-0 vote.
Jerry s made a motion the minutes of November 16, 1981 be approved as submitted.
Max Bacon seconded the motion which carried 7-0.
Jim Hawkins made a motion the minutes of November 30, 1981 be approved as submitted.
Jack Shinall seconded the motion which carried 7-0. Mayor Johnson stated the November
30th meeting was a called meeting concerning his veto on the motion to deny a
variance request by Tumo Construction Company at the November 16th meeting. At
that meeting. council elected to approve the variance by a 6-0 vote. Jerry Mills
was out of town and not present for the meeting.
There were no commercial building permits to bring before council.
and
(Sanitation) Jim Tolleson said letters are being sent to
ng their leaves before putting them on the side of the street
everyone to not be offended by the letter.
Jim Tolleson asked Chief Little if he had had time to review the proposed courtesy
parkitickets. Chief Little said he would like to have more time to discuss it
with committee in detail. J d the tickets are ~ intended q.s a warning,
but to let citizens know may be parking in a potentially dilngerous
place said he not see anything on the proposed tickets that
was The em he could see was that the issuing officer
may testify as a in case of an accident if a cular vehicle
was what we considered a potentially dangerous 1 Mr. Camp
s further' discussed in committee and a decision made as to when
and tickets would be issued.
Steely read a letter from Bill Johnston, notifying council of his
Parks and Recreation Director, effective December 18, 1981. John
an outstanding jOb and would be missed. Max Bacon said he had
th Bill and knew would be an asset in his new job with Cobb
eson said he also iated Bill's service to the City.
John
begi
reminded everyone of
7:00 p.m. at the fi
Tree l i ghttng on December 10th,
st Church and the tree lighting at 8:00 p.m.
December 7, 1981 - Conti nued
Steely thanked council for approving the bid to install lights at Cobb Park.
are badly needed. John introduced his son Gary who was a member of the
SAA 75 pound football team, and runner-ups in the Cobb County Superbowl.
Mayor Johnson stated there was no secret meeting involving the extension of Pasadena
Boulevard as stated in the newspaper. Council has never met with the full Cobb
County Commission at any yen time, and the articles made meetings held with Mr.
Barrett appear completely out of the ordinary. In the latter part of 1979, Mayor
Johnson said he met with St Department of Transportation Commissioner Tom Moreland
and at that time Mr. More agreed that it would be an asset to the State, County
and City road system to extend the road, and agreed to participate in the construc-
tion. At a later meeting with Mr. Moreland, Earnest Barrett and Bob Sutton were
present and at that time it was agreed by all three parties that it would be an
asset to have the road cut through. That was pretty much the extent of any meetings
and t only other problem after that was to get the construction set on a priority
hat work cou underway. Some circumstances have come about that have
confused the building the road and when these are resolved, it is anticipated
that Cobb County will re-engage itself into the construction of the roadway.
With no further business, meeting adjourned at 8:40 p.m.
************************
December 21, 1981
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on December 21,1981 at Smyrna City Hall. The meeting was called to order at 7:30
o'clock p.m. by presiding officer Mayor Frank Johnson. All Council members were
present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey.
Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director
Jim David, Assistant Parks and Recreation Director Sherry Reavis and representatives
of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Annexati on: Warren Grant Wi lbanks, Adel i a Wi 1 banks Eubank and James Vi rgi 1 l,Ji 1 banks
requested annexation operty located on Spring Road in Land Lot 631. The appli-
cation was read as f llows:
undersigned. who constitute sixty percent (60%) of the owners of the
ea by acreage of the area described below, which is unincorporated
ontiguous to the City of Smyrna, hereby apply to have said area annexed
into the City of Smyrna under the provisions of the Code of Georgia Annotated,
Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409. 410, 411,
412, 413; 1971, 399; 1976, Page:;! 1011, 1012; said property to be annexed
being described as follows, to wit:
All that tract or el of land lying and being in Land Lot 631 of the 17th
District, 2nd Sect Cobb County. Georgia, and being a part of original
Lots 14 & 15. East Smyrna Subdivision as per plat of said lots by O. P.
Guillebeau, Jr., Surveyor, dated February 6, 1970 and being more particularly
described as follows:
TO FIND THE POINT OF BEGINNING, begin at an iron pin on the northerly right of
way of Corn Road located 150.99 feet easterly as measured along the westerly
right of way of Corn Road from its intersection with the easterly right of way
of Emory Drive; thence north 2 degrees 8 minutes east a distance of 424.65 feet
to an iron pin on the southerly line of property now or formerly owned by Ted
G. Jones & J. W. Holloway; thence north 88 degrees 3 minutes west a distance of
150.18 feet to an iron pin on the easterly right of way of Emory Road; thence
north 3 degrees 26 minutes west along the easterly right of way of Emory Road
ve) a dista of 173.05 feet to an iron pin on the POINT OF BEGINNING:
thence nor along the easterly right of way of Emory Drive and
ng the curv thereof a distance of 301.8 feet to an iron pin; thence
easterly at an interior angle of 87 degrees with the preceeding call a distance
of 90 feet to an i ; thence northerly at an exterior angle with the
ng call of grees 05 minutes a distance of 68 feet to an iron
the southeasterly right of way of New Spring Road (formerly Love Street);
December 21,1981 - Continued
along the southeasterly right of way of New Spring Road
curvature therepf a distance of 175.22 feet to an iron pin;
at an interior angle with the preceeding call Of 67 degrees
of 440.14 feet to an iron pin; thence westerly a distance
to an iron pin on the easterly right of way of Emory Road and
POINT OF BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEI R HANDS AND SEALS. AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title,
orhis legal representative, of 60% of the land area above described by acreage:
s/JAMES V. \\lIlBANKS, ADELIA W. EUBANK & W. G. i-JIlBANKS
Jim Tolleson made a motion the signatures be validated and the public hearing set
for January 18, 1982. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Ted Jones and J. W.Holloway requested annexation of property located
in land lot 631. The application was read as follows:
on
We the undersigned who constitute sixty percent (60%) of the electors resident
in the area described below and who constitute sixty percent (60%) of the
owners of the land area by acreage of the area described below. which is unin-
corporated and conti guous to the Ci ty of Smyrna, hereby apply to have sai d area
annexed into the City of Smyrna under the provisions of the Code of Georgi a
Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409.
410,411,412,413; 1971, 399; 1976, Pages 1011, 1012; said property to be
annexed being described as follows, to wit:
tract or parcel of land lying and being in land lot 631 of the 17th
Section, Cobb County, Georgia. as per plat by West Georgia
Engineers, Inc., dated May 8,1981 and being more particularly
as fo 11 ows :
POINT OF BEGINNING.b~gjn at an iron pin on the northerly right of
Corn Road located 150.99 . feet easterly as measured along the westerly
right of way of Corn Road from its intersection with the easterly right of way
of EiTlory Drive;. thence north 2 degrees 8 minutes east a distance of 424.65
feet to an iron pi n on the southerly 1 i ne of property now or formerly owned by
Ted G. Jones and J. W. Holloway and the POINT OF BEGINNING: thence north 88
degreeS 3 minutes west a distaru:::eof 150.18 feet to an iron pi n On the easterly
right of way of Emory Road; thence north 3 degrees 26 minutes west along the
easterly right of way of Emory ROad (or Drive) a distance of 173.05 feet to an
iron pin; thence easterly along. the southerly line of property now or formerly
ownedpy Wilbanks a distanceof216 feet more or less to a point; thence south
2 degrees 8 minutes west a distance of 172 feet more or less to an iron pin
and the POINT OF BEGINNING.
WHEREfORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF St1YRNA.
Witness the signature of the record title holders of the fee simple title, or
his legal representative, of 60% of the land area above described by acreage:
siTED JONES & J. W. HOLLOWAY
made a moti on the signatures be validated and the date for pub 1 i c
for January 18. 1982. Elbert Coalson seconded the motion which carried
requestedTe;z,pning of property located in Land Lots 777, 778,
12 to Residential Townhouse District (RTD). Mr. Johnson said
built on the property, exactly the same as ones. already under
adjoining prOPerty. The property joins PlumtreeApartments on
's Plaza shopping center on the east side. Ma,Y9r Johnson said
Zoning Board had unanimously recommended re;z,oQing Qe approved.
he was proposing twO .streets .to be tied Bell Drive at Afton
and egress to the development. m Tol made amotion the
rezoned as requested. Jack Shinall seconded motion whi ch card ed
amendments to the fire code,
of Eql.lipment; Section 28-19,
or Condominiums from One to Thhee
Early Fire Detection Systems in Apart-
December 21. 1981 - Continued
said these amendments had been studied in great detail by himself,
ef and Fire Prevention Bureau. These are substantial changes and one
itions listed in Section 28-20 relieves the requirement for double exits
in certain instances in residential units. provided they meet other requirements in
code. Max Bacon said these amendments will bring our code more in line with
County's and would actually be more stringent than the State requirements.
Max Bacon made a motion the amendments be adopted, seconded by Jim Tolleson. Acting
Fire Chief Hubert Cochran said the use of sprinkler systems has not yet been approved
by the insurance companies and if it should be turned down by them our ordinance
could be amended again. Vote on adoption of the amendments carried 7-0.
Bid
fol
(1) Bids for a low-boy trailer were opened. read and recorded as
Metropolitan Tractor Co., Inc.
4500 Wendell Drive
Atlanta, Ga.
Yancey Bros.
P. O. Box 43326
Atlanta, Ga.
$ 9,899.00 (30 day delivery)
$12.736.00
Fontaine Truck Equipment
5178 Old Dixie Highway
Forest Park, Ga.
$10,770.00 (60 day delivery)
Jim Tolleson made a motion the bids be referred to committee tior their recommendation
back to full council. Jack Shinall seconded the motion. After discussion the motion
and second were withdrawn. Jim Tolleson made a motion the trailer be purchased from
the low bidder, Metropolitan Tractor Co. Jerry Mills seconded the motion which
carried by a 7-0 vote.
(2) Bids for four (4) new police cars were opened, read and recorded as follows:
Strother Ford
810 Cobb Parkway
Marietta, Ga.
$8,964.00 each
$8,852.87 each
Neal Pope Ford
4420 Buford Hwy.
Atlanta, Ga.
Chief Little said the State contract price was approximately $8,600. Following
discussion, Elbert Coalson made a motion the two bids be rejected and the cars re-
bid, to be opened at the January 4, 1982 meeting. Jack Shinall seconded the motion
whiCh carried by a 7-0 vote.
Award of Bids: (1) Max Bacon said the Fire Committee had met and recommended that
the bid of $853 from Better Industries be accepted for repair of the roof to fire
station #3. John Steely seconded the motion. Jack Shinall said the low bid of $510
was very limited in their guarantee and the bid from Better Industries included a
two-year guarantee and were very specific about what repairs would be made. Vote
on the motion carried 7-0.
(2) Jim David reported the lowest bid received for traffic signals was from A&P
Signal Company at $18.736.50, for material and labor. Jerry Mills made a motion
the bid be accepted. Jim Hawkins seconded the motion which carried by a 7-0 vote.
A ointment to
appointment to
was sworn into
Jerry Mills said he would also yield, but that he had discussed this with James
Williams, the incoming councilman for Ward 3, and they had agreed on the reappoint-
me 1 Wood. Jerry made a motion that Bill Wood be reappointed. Jim Tolleson
see e motion which carried by a 7-0 vote.
all said he had not had time to discuss his reappointment with the repre-
from Ward 5 and would also like to defer his appointment to January 4th.
Coalson made a motion that George Griffin be reappointed to the Planning &
from Ward 6. Jack Shinall seconded the motion which carried 7-0.
December 21, 1981 - Continued
Appointment of Parks Director: John Steely made a motion thatSherr'YHeavis be
appointed as acting Parks and Recreation Di rector until the new administration
could make a decision on a new Director. Jack Shinall seconded the motion which
carried by a 7-0 vote.
Elbert Coalson made a motion that a loan of $250,000 be renewed until January 4,
1982, until the new administration takes office. Jack Shinall seconded the motion
which carried by a 7-0 vote.
There were no commercial building permits to bring before council.
Commi ttee Repo rts :
division had agreed
1981, and asked Jim
done.
John Steely said Merlin F. Burt. developer of Green Forest Sub-
to curb Reed Road within 90 days, in a letter dated August 6,
David to contact Mr. Burt to find out when this work would be
Elbert Coalson stated he appreciated all the City employees for the good job they
had done in 1981 and wished them a merry Christmas. Mr. Coalson said City Hall
was supposed to be closed for one-half day on December 24th and made a motion that
city employees be given the full day off as a holiday. Jerry Mills seconded the
motion which carried by a 7-0 vote.
Jack Shinall also thanked the City employees and complimented Parks and Recreation
for the Christmas tree lighting activities.
Jack Shinall said Jim David and the Water and Sewer Committee had been working with
the State on removing a pump station on Whitley Road. The agreement was that the
City wOUld do the preliminary engineering work. to be reimbursed by the State.
Jack made a motion that $5500 be approved for engineering fees. to be paid from the
E&C Fund and later reimbursed by the State. Max Bacon seconded the motion Which
carried by a 7-0 vote.
Max Bacon said the Employees Insurance Committee along with the council committee
had been reviewing several health maintenance plans which would be optional for
city employees, at no cost to the City. Any employees desiring the optional plan
would pay the difference in what the City pays for health insurance. f.1ax made a
motion that AmeriPlan be allowed to provide this service to our employees, which
was the recommendation of the Employees Insurance Committee and council committee.
Jack Shinall seconded the motion which carried 7-0.
Max Bacon said the American Legion was sponsoring a blood drive on December 29th
and asked everyone to donate.
Max Bacon said that Smyrna Hospital would again have their live nativity scene on
December 21, 22 and 23, which was well worth making plans to see.
Mayor Johnson said the new administration would take office JanuarY 4.1982. On
December <30th at 4:00 p.m. service pins will be awarded to employees. There are
over 80 employees eligible for service pins, ranging in 5 years to 30 years of
service.
With no further business, meeting adjourned at 8:16 p.m.
- -------
MAYOR'S OATH OF OFFICE
I, Arthur T. Bacon , do solemnly swear that I will well and
truly demean myself as Mayor of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said City to the
best of my ability, without fear or favor. and in all my actions as MAYOR
act as I believe for the best interest of the said City. So help me God.
Seal)
Subscribed and sworn to before
me this 4th day of January, 1982
COUNCILMAN
I. James E. Tolleson , do solemnly swear that I will well and
truly demean myself as Councilman of the City of Smyrna for the ensuing
term. and that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or favor, and in all my actions
as COUNCILMAN act as I believe for the best interest of the said City. So
help me God.
Subscribed and sworn to before
me this 4th day of January, 1982
COUNCILMAN
I, Max Bacon , do solemnly swear that I will well and
truly demean myself as Councilman of the City of Smyrna for the ensuing
term, and that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or favor, and in all my actions
as COUNCILMAN act as I believe for the best interest of the said City. So
help me God.
Councilman Ward #2
Max Bacon
(Seal)
Subscribed and sworn to before
me this 4th day of January. 1982
MAYDA
FRANK B. JOHNSON
December 30, 1981
CITY COUNCIL
FROM:
WILLOUISE SPIVEY
TO ALL COUNCIL MEMBERS
MADE AND CARRIED ON DECEMBER 21. 1981 TO
THE RENEWAL OF A LOAN OF $250.000
of Mayor and Council held December 21.
and carried to approve the renewal of
a period of five days. from December
5. 1982.
1981
a
31.
We have
pay this
for at
time suffic:Lent rurids in the General Fund to
still have funds to operate the city
months.
of Mayor Frank Johnson and incoming
the above motion be rescinded and
According to Mr. Bacon. if additional
loan will be approved at that time.