02-07-1981 Regular MeetingFebruary 2, 1981
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on February 2, 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, Assistant Fire Chief Hubert Cochran, Parks and Recreation
Director Bill Johnston, Assistant Public Works Director Vic Broyles, Building Inspector
Dan Steely, Civil Defense Director Jim Farley, and representatives of the press.
Invocation was given by Jim Hawkins followed by the pledge to the flag, led by Boy
Scouts David Johnson and Mat Camp.
Mayor Johnson read the proclamation of February 4, 1977 declaring "Terri Myers Day"
in our city. Terri was a young lady taken in death after an extended illness and
will always be remembered on this day. Mayor Johnson recognized Mr. and Mrs. Myers
and their son, and thanked them for coming. Mr. Myers said they would always remember
what the City did for Terri and,,they were grateful and thankful for it.
Mayor Johnson recognized Susan Davis, President of the Smyrna Jaycettes and Alice
Bentlev, Past President, and read a proclamation declaring February 18 through 24 as
Jaycette Week in our city. Susan Davis thanked the City for their support.
There were no citizen reports.
Variance: (1) L. W. Boring requested a variance on property located on the south
corner of Ridgecrest Road and South Cobb Drive from a 50' to a 40' setback. Also,
a rear yard variance from 10' of landscaped area along the rear property line for
construction of a 6' fence. Jim Hawkins read the letter from Mr. Boring requesting
the variances and said this setback would bring his building in line with others on
the street and the fence he plans to -install would-be redwood. Signs had been
properly posted, and there was no opposition. Jim Hawkins made a motion the.variances
be granted, seconded by Jim Tolleson. Vote on the motion carried by a 7-0 vote.
(2) Tom Yeager, Cumberland Crossing Shopping -Center, Hargrove Road, requested a
variance on buffer requirements from 50' required between a commercial piece of
property over 5 acres which abuts a residential lot. Georgia Power already has a
40' easement -at -the back of the property zoned residential, with existing natural
growth. To require an additional 50' buffer would be asking for a double buffer.
Dan Steely showed the plat of the site to three persons from the audience and ex-
plained it to them... There was no opposition -to the variance, and Jim Tolleson made
a motion it be approved. John Steely seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector Dan Steely and are recorded
as follows:
(1) Ridgeview Institute requested.a permit to construct a 64-bed addition at a total
estimated cost of $3,160,000. The State Fire Marshal has not returned the plans,
but Dan recommended the permit be approved subject to approval by the Fire Marshal.
John Steely made a motion the permit be approved, subject to approval by the Fire
Marshal. Elbert Coalson seconded the motion which carried by a 7-0 vote.
(2) H. E. Hennigh, Contractor, requested a.permit for interior remodeling of the
Southern Bell building at 1369 Spring Street at an estimated cost of $70,000. Plans
have been approved by the Inspections Department and Fire Marshal. John Steely made
a motion the permit be approved, seconded by Elbert Coalson. Vote on the motion was
6-0, with Jim Tolleson abstaining.
(3) Mr. Wendell Fowler requested a.permiit to renovate the house on North Cooper Lake
Road at Concord for a.beauty shop, at a total estimated.cost of $6,800. Plans have
been approved by the Fire Marshal and,Inspecti_ons Department and Dan Steely recommended
they be approved. John Steely made a motion the —permit —be approved, seconded by Jack
Shinall. Vote on the motion carried 7-0.
Appointments: Mayor Johnson said the 1979 session of the Georgia General Assembly
had granted municipalities the authority to appoint a body known as the Residential
Care. Facilities for the Aged Authority which gives them the right to sell tax exempt
bonds for the purpose of constructingthese,facilities. This will be a tax-free
entity within our city; however, there has been a contractual arrangement made for
them to pay ad valorem taxes to our. city, in the form of a.contribution. The resolution
was read as follows:
"BE IT HEREBY RESOLVED: That there appears a need within the Corporate Limits
of the City of Smyrna for facilities which can -furnish the comprehensive services
required by elderly persons in a single location, which need cannot.be.adequately
Continued - February 2, 1981
met without the creation of a public agency, the creation of which agency is
in the best interests and essential of the public health, safety, convenience,
and welfare of the citizens of the City of Smyrna and it also appearing the
creation of such agency will increase or maintain employment and therefore
promote the general welfare of the citizens of the City of Smyrna; t
NOW THEREFORE there is hereby created for the City of Smyrna, to have authority`1
within the corporate limits of the City as now exist or may be hereafter ex-
panded, under the authority granted by Georgia Laws, Acts 1980, Page 1466,
effective April 2, 1980; Georgia Code Annotated Chapter 99-50 et. seq. the
Residential Care Facilities for the Elderly Authorities Act, which is hereby
adopted as a part hereof by the duly elected Mayor and Council of the City
of Smyrna, the "City of Smyrna Residential Care Facilities for the Elderly
Authority."
The following citizens of the City of Smyrna are hereby appointed by Mayor and
Council as the initial Board of Directors of said Authority with all powers,
rights and duties as defined in the enabling Act aforementioned, to serve an
initial term of years as noted by each name hereafter and whose successor
after the expiration of the initial term noted shall serve for six years.
Be it further known that the City of Smyrna shall incur no liability for the
acts of the Authority hereby created as an independent public agency as neither
shall Mayor and Council or the Directors of the authority hereby created in
their individual capacity for acts or omissions by the Authority in its
official capacity."
Jerry Mills made a motion the resolution be approved. Jack Shinall seconded the
motion which carried by a 7-0 vote. Members of the Authority were named as follows:
Ward 1 - Jim Tolleson made a motion that Marion Wilhelm be appointed to the Authority
for a 6-year term. John Steely seconded the motion which carried by a 7-0 vote.
Ward 2 - Max Bacon made a motion that Ken J. Turner be appointed to the Authority
for a 4-year term. Elbert Coalson seconded the motion which carried•by a 7-0 vote.
Ward 3 - Jerry Mills made a motion that Paul Griggs be appointed to the Authority
for a 2-year term. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Ward 4 - Jim Hawkins made a motion that Roland Williams be appointed to the Authority
for a 6-year term. Elbert Coalson seconded the motion which carried by a 7-0 vote.
Ward 5 - Jack Shinall made a motion that W. S. Caswell be appointed to the Authority
for a 6-year term. Jerry Mills seconded the motion which carried by a 7-0 vote.
Ward 6 - Elbert Coalson made a motion that James Chastain be appointed to the
Authority for a 2-year term. Jack Shinall seconded the motion which carried by a
7-0 vote.
Ward 7 - John Steely made a motion that Ray Houston be appointed to the Authority
for a 4-year term. Elbert Coalson seconded the motion which carried by a 7-0 vote.
The oath of office for the seven appointees was given by Attorney Charles Camp.
Quit Claim Deed: Jerry Mills made a motion that the deed for an old city well on
North Avenue be turned over to our city attorney and a quit claim deed drawn to
Mr. Herbert Wheeler, with Mr. Wheeler paying all attorney fees. Jim Hawkins seconded
the motion. This well is in the center of Mr. Wheeler's side yard and the City
purchased it in 1939. Vote on the motion carried 7-0.
Jim Tolleson made a motion the minutes of January 5, 1981 be approved as submitted.
Jerry Mills seconded the motion which carried by a 7-0 vote.
Jerry Mills made a motion the minutes of January 19, 1981 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Committee Reports: (Parks) John Steely said the Special Olympics would start
Saturday morning at Belmont Bowl.
(Finance) Elbert Coalson said our Freeport Exemption Tax should be set each year,
and made a motion that this exemption be continued at the same rate as last year.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Continued - February 2. 1981
.I-- __-;
Elbert Coalson said he had asked Jim David to give an estimate on the cost of building
an office for our Recorder's Court Judge. The cost for this office would be $600.02
in materials, with the City -providing the labor. Elbert Coalson made a'motion funds
be approved for -an office, to be paid from the Contingency Fund. John Steely seconded
the motion which carried by a 7-0 vote.
Mr. Coalson said the surplus sale would be held February 28, 1981 beginning at 10:00
a.m. at the Police Station. This sale is for the old Civil Defense bus, bicycles,
and miscellaneous items.
(Water) Jack Shinall said the Water Committee had been studying the charges for water
meters and sewer taps and make the following recommendations:
Water Meters
(1) Residential water meters (3/4 x 5/8), when water tap and service line has to be
installed be increased to $300.
(2) Where the developer installs the mains and service lines to the property line
with same size meter, $200. This is, provided the service lines are properly marked
and the City doesn't have to spend 2 or 3 hours looking. If so, the cost will be
$50 per hour for machine time and labor.
(3) Townhouses will be the same as subdivisions - $200.
(4) Apartments and commercial meters will be the cost of the meter, material, the
actual cost to make the tap, plus 20% of all charges.
(5) Duplexes will be the same as subdivisions - $200.
Sewer Taps
(1) Residential sewer tap fees will be $350.
(2) On townhouses where the developer installs the lines and makes the tap, the
cost will be $200.
(3) Apartments - $350 plus $100 for each unit thereafter.
(4) Duplexes - $200 per unit.
(5) When a subdivision developer installs sewer mains and taps to the property line,
the tap fee will be $200.
(6) On commercial, the minimum fee will be $350, or $170 per 1,000 square feet.
Jack Shinall made a motion these increases be approved. Jim Tolleson seconded the
' motion. Jack said these charges were about 20% lower than the county and we are
basically in line with everybody else. Jack said we had been losing money for some
time; we have been charging $85 per meter and it costs us $110. This is basically
developer's cost. These proposed increases were previously announced and there were
no builders or contractors in the audience to speak for or against the increases.
Vote on the motion carried 7-0.
(Permits & Inspections) Jim Hawkins said the city attorney has drawn a rough draft
of a proposed ordinance controlling the sale of precious metals and felt the police
chief should meet with his committee to get his input. Jim called the meeting for
Wednesday at 5:00 and asked all committee members to be present, and any councilmen
who might be interested. Jim said he planned to use our draft copy, along with the
draft of Cobb County's proposed precious metals dealer ordinance and combine them.
Hopefully at:the next meeting this ordinance will be on the agenda to be voted on.
Jim said he would like to expedite the passage of this ordinance, since there are
several people wishing to open this type business in Smyrna, and want to operate
under the law:
(Streets) Jerry Mills said we have had some major developments on Walker Street, and
the street has been torn up from water and sewer tap connections to the new homes.
C. W. Matthews submitted a proposal on resurfacing in the amount of $4408.80. Jerry
made a motion these funds be approved from State Grants for resurfacing of Walker
Street. Elbert Coalson .seconded the motion. John Steely said he had not had a chance
to go and look at the street, but he knew Jerry was sincere when he said it needed
resurfacing, because he had several in hisward that did also., Max Bacon asked if
the developer would be responsible for damage to streets. Attorney Camp said they
Continued - February 2, 1981
would not have any liability, since the City made the taps. Jim Hawkins made a
motion to table this request, until the committee had a chance to look at the
street. John Steely seconded the. motion which carried by a 4-3 vote. Voting for
the motion was Jim Tolleson, Max Bacon, Jim Hawkins and John Steely...Voting against
was Elbert Coalson, Jack Shinall and Jerry Mills.
(Fire) Max Bacon said for the last few weeks his committee had been looking into
the possibility of updating some of the fire equipment in the area of fire trucks.
They have met a company from Ohio to get some prices and met today with a company
that offers a lease/purchase option. Max said he hoped to be able to work out an
agreement with someone to update our equipment.to what they feel would be adequate.
Max said his committee had been studying the city's health insurance for the past
several months, after receiving a 30% increase in premiums. Some of this was due
to inflation and some due to the high claims experience. 'They are looking into
several different areas where we can save money, and possibly give the employees
better coverage. The present policy with Prudential does not expire until September
so we aren't.under any obligation now to renew.
(Water) Jack Shinall said the meeting with the two engineers who bid on our sewer
study would be Wednesday at 6:00 p.m.
Mayor Johnson appointed Jack Shinall and Jim Tolleson to serve on a budget committee
and charged each councilman to have their budget completed by July 1st. He asked .�
Jack and Jim to work together, with the department heads and City Clerk to begin
our budgetary proceedings and get it underway. Mr. Coalson said he thought we were
starting in the right direction by having Ms. Spivey and Mr. Pate helping us and
he wholeheartedly recommended Mr. Shinall and Mr. Tolleson for this committee. Jack
Shinall said there was no way he and Jim could work together on this budget without
full cooperation from council. Jerry Mills said he would give his full cooperation,
but if there were any increases asked for in this budget he would not vote for it.
Next council meeting will be February 16, 1981... With no.further business, meeting
adjourned at 8:30 p.m.
February 16. 1981
The regular scheduled meeting of Mayor and Council was held February 16, 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 E. Camp, City'Clerk Willouise Spivey,•Police:Chief R. E. Little.'
Assistant Fire Chief Hubert Cochran, Water Supervisor -Larry Dunn, Parks & Recreation
Director Bill Johnston, Civil Defense Director Jim Farley, Building Inspector Dan
Steely, and representatives of the press.
Invocation was given by John Steely, followed by the pledge to the flag.
Citizens Reports: (1) Mr. Stroud requested permission to hold a road race using
the same route that they had last year. Most of it will be outside the City, but
he.had given a map and all information to Police Chief Little. John Steely made a
motion that the road race be approved. Jack Shinall seconded the motion which carried
by a 7-0 vote.
(2) Nancy Puffe, representing the Save Old Smyrna group, presented a rough draft
of the landscape plans for the right-of-way on Atlanta Road. She asked for help in
the form of money.and.the use of city equipment. .She also asked for use of City Hall
on March loth at which time they will present plans to all the people of Smyrna.
They hope to get all the civic groups and citizens interested in this project and
invited everyone to attend the meeting. Elbert Coalson stated that they met with the
group Thursday afternoon and he did offer his help.
Variances: (1) Jim Tolleson stated that McDonald's.was asking for a variance from
the sign ordinance on the present permanent sign located at 2591 Spring Street,
from 35' to 80' height in order that it would be visible from Cobb Parkway. Jim
said he saw nothing wrong with this and.made a motion that -the -variance be approved.
Jerry Mills seconded the motion which carried by a 5-1-1 vote. Jim Hawkins voted
against the motion and Elbert Coalson was away from the table at the time.