05-17-1982 Regular MeetingContinued - May 3, 1982
operation; one at Cherokee and Atlanta Road and one at Campbell Road and Spring
Road. The light at Spring Road and Atlanta Road will be in operation shortly.
(Parks) Sherry Reavis reported that as of this Thursday, King Springs Park foot-
ball field will be off limits because it is to be plowed and regrassed. On May
12th, the 3-4-5-6 year old track meet will be held.
(Finance) Jim Tolleson reminded department heads to have their Revenue Sharing
request ready before May 17th. Tax bills will go out May 21st and will be due
July 31st. Jim said the budget was holding up well and we may get through the
year without having to borrow money.
Mayor Bacon said that between now and the next meeting he would be making some
changes in committee assignments.
Announcements: Next council meeting May 17, 1982.
Elbert Coalson asked for an Inspection Committee meeting and Jack Shinall asked the
Water Committee to also meet briefly after adjournment.
With nofurther business, meeting adjourned at 8:35 p.m.
May 17, 1982
The regular scheduled meeting of Mayor and Council was held May 17, 1982 at Smyrna
City Hall. The meeting was called to order by presiding officer Mayor Arthur T.
Bacon at 7:30 o'clock p.m. All Council members were present. Als6 present was
City Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief R. E. Little,
Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis,
Public Works Director Jim David, Civil Defense Director Jim Farley, Librarian
Doris Morris, Building Inspector Dan Steely and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Mayor Bacon introduced members of Cub Scout Pack 777, Den 2.
Citizen Reports: Sue Brissey said the City has an ordinance prohibiting signs
being posted on utility poles, and asked why we couldn't enforce it. Jim Tolleson
said this was almost a losing battle; the City removes signs constantly and it's
almost impossible to catch the people putting them up.
Richard Monley requested assistance from the City in sponsoring a 24-hour lap-a-thon
for the YWCA, benefiting the handicapped. Mr. Monley was told to get in touch with
Sherry Reavis and coordinate their plans with her.
Revenue Sharing Proposed Use Hearing: City Clerk Willouise Spivey said each
department head had prepared their list of requested Revenue Sharing funds which
was far in excess of what we would receive, and asked if there was anyone in the
audience who had any suggestions on how this money should be spent. Bill Rogers
of Ward 5 said he felt an aerial truck should be bought for the Fire Department
since we have not received a commitment from the County as far as the merge is
concerned. Max Bacon said this was already included in the Fire Department's
request. Ms. Spivey said the final hearing for Revenue Sharing would probably be
the last meeting in June.
Privilege License: Joan C. Hirst requested a malt beverage and wine package license
for Kayo Oil Company, 2400 Atlanta Road. Sarah Jones said the survey map was not
attached to the application, but there was one on file in the Inspections Depart-
ment. A favorable report was received from the police investigation, and Sarah
Jones made a motion the license be granted. Jim Tolleson seconded the motion which
carried by a 7-0 vote.
Bid Openings: Bids for the 1982, 1983 and 1984 audits were opened, read and
recorded as follows:
1982 1983
Weiss, Moore & Cubbedge $8,500 $8,000
Pate, Shiver & Looney $5,500/ $6,050/
$6,000 $6,600
Norris & Parks $5,500 $6,000
Kitchens & Russell $6,000 $6,500
1984
$7,500 + out of pocket expenses
$6,655/ + out of pocket expenses
$7,260
$6,500
$7,000 ,
Continued - May 17, 1982
Jim Tolleson made a motion the bids be turned over to the Finance Committee with
their recommendation back to full council at the next meeting. Sarah Jones
seconded the motion. Max Bacon asked the committee to also determine what the
out of pocket expenses would be. Vote on the motion carried 7-0.
Bids on four (4) pickup trucks were opened, read and recorded as follows:
Day's Chevrolet
Nalley Chevrolet
Wade Ford
Anderson Chevrolet
Capital Ford Truck
Sales
Strother Ford
Fouts Bros. Datsun
(2) 2.3 Liter Engine (1) 2.3 Liter Engine (1) 4-Cylinder Engine
w/Air Conditioning w/Air Conditioning
and AM Radio
$6,708.86 each (1982)
$6,469.53 each (1982)
$6,577.00 each (1983)
$6,783.86 each (1982)
$6,589.82 each (1982)
$6,386.00 each (1983)
$6,308.00 each (1982)
$7,284.31 (1982)
$6,978.00 (1982)
$7,206.00 (1983)
$7,359.31 (1982)
$7,102.61 (1982)
$6,958.00 (1983)
$6,822.00 (1982)
$7,189.96 (1982)
$7,044.98 (1982)
$7,258.00 (1983)
$7,131.01 (1982)
$7,044.27 (1982)
$6,869.00 (1983)
$6,898.0o (1982)
Max Bacon made a motion the bids be turned over to entire Mayor and Council, to be
awarded at the next meeting. James Williams seconded the motion. After discussion,
the motion and second were withdrawn. Max Bacon made a motion the low bid be
accepted, seconded by James Williams. After discussion, the motion and second were
withdrawn. Jim Tolleson then made a motion this item be moved to the bottom of
the agenda, to give Jim David, Sherry Reavis and Dan Steely an opportunity to
review the bids and determine who the low bidder would be. Jim Hawkins seconded
the motion which carried 5-2, with Jack.Shinall and James Williams opposed. Low
bidder to be announced later in the meeting.
Bids for the zoning map were opened, read and recorded as follows:
Mayes, Suddeth & Etheredge $ 4,844.84
Presnell Associates $ 3,933.00
Sam McCullough $ 3,250.00
Mallett & Associates $ 5,676.00
J. S. Ross & Associates $14,410.00
Jack.Shinal.l made a motion the bid be awarded to Sam McCullough, provided he can
complete the,map within the.next.60 days, and if not, to be awarded to the next
lowest bidder. Jim Tolleson seconded the motion which carried 7-0.
Jim Tolleson made a motion bids be accepted for replacement of the air conditioning
unit in City Hall, to be opened at the next meeting. Max Bacon.seconded the motion
which carried by a 7-0 vote.
Jim Hawkins made a motion bids be accepted for a 14-foot dump truck, approved in
the 1981-82 budget, to be opened at the next meeting. Jack Shinall seconded the
motion which carried 7-0.
Jim Tolleson made a motion the Mayor be authorized to sign an application to the
State for a sewer grant. Sarah Jones said we have been having problems with sewer
— lines overflowing for the past 10 years, which is a health hazard and has cost the
City a considerable amount of money. If the grant is approved, it will cover up
to 50% of the cost of replacing these pump stations with a gravity flow line. Jim
Hawkins seconded the motion which carried by a 7-0 vote.
Sarah Jones said the grant application could not be submitted without•-a,proper.Survey
being made, and made a motion that $8,784.36 be approved for engineering services
performed on the Willowbrook, Highview and Deerwood sewer lines. Jim Tolleson
seconded the motion which carried by a 7-0 vote.
Resolution: Attorney Camp said the Governor had signed a bill authorizing a
$ 0,000,00 housing authority bond issue which will make loans on single family
homes available at an interest rate of 13.5% or less, handled through the regular
lenders in Cobb County. These will be regular loans, for first-time homeowners.
In order for these loans to be available within the City of Smyrna, a resolution
must be approved by Mayor and Council authorizing them to do so. Jack Shinal,l
read the resolution (a copy to be made a part of these minutes) and made a motion
it be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote.
Continued - May 17,.1982
Street Closings: Max Bacon made a motion the following streets be closed temporarily
for block parties:
(1) Dunn Street from Legion Drive to Hunter Street - May 22nd, rain date
May 23rd - from 3:00 p.m. to 11:00 p.m.
(2) Shawnee Trail from Cedar Ridge Drive to cul-de-sac - May 29th - from
2:00 p.m. to 11:00 p.m.
(3) Creat Trail from Creatwood Trail to Tecumseh - June 6th - from 2:00
P.M. to 11:00 P.M.
Sarah Jones seconded the motion which carried 7-0. Max said the police and fire
departments would be notified by letter.
Committee Reports: (Finance) Jim Tolleson said the tax bills for the first half
of the year will go out tomorrow, and the second billing will go out in September.
Jim.called a meeting for Saturday, May'22nd at 9:00 a.m, to go over the budgets.
Jim Tolleson asked Attorney Camp.about the status of the trailer case on Spring
Drive. Mr. Camp said they were still waiting; the case is pending on appeal and to
his knowledge, the court recorder has not .yet sent the record to the Supreme Court.
Mr. Camp advised that nothing be done until the case is settled.
(Public Safety) James Williams read a letter from Georgia Municipal Association
regarding H.B. 1587 providing that municipalities with a population of less than
45,000 may adopt and enforce the State Minimum Fire Safety Standards. Municipalities
that do so are authorized to retain the fees charged for review and approval of
building plans and issuance of Certificates of Occupancy. Once the responsibility
is accepted, it cannot be transferred back to the Safety Fire Commissioner. James
Williams read the ordinance as follows:
The City of.Smyrna hereby adopts the State Minimum Fire Safety Standards
under authority granted under House Bill 734 and amended as House Bill
1587 of the Georgia House of Representatives and hereby elects to enforce
the same, provided however where any conflict in the existing City Fire Code
shall appear, the more restrictive application shall be in effect.
Schedule of fees for Plan Checking and Occupancy Certificates shall - be
signed by the Mayor and Fire Marshall after approval by Co"nci-1 and filed
in the Office of City Clerk showing effective date thereon.
Attorney Camp said he could not foresee any additional liability on the part of
the City by adopting this resolution. James Williams said the Fire Department is
/ holding money now that should be sent to the State if the ordinance is.not adopted,
and made a motion the rules be suspended to vote on the ordinance. Max Bacon
seconded the motion which carried 7-0.
Fire Marshal Jim Tidwell said that currently, our fire department is doing all
inspections except for hospitals, with the State receiving the fees for plan
checking. Following discussion, James Williams made a motion the ordinance be
adopted as read. Elbert Coalson seconded the motion which carried 7-0.
(Streets) µJim'Hawkins made a motion the rules be suspended to allow him to place
a motion on the floor to install a push control button on the light at Spring and
Park Road. Jim Tolleson seconded the motion which carried 7-0. Jim Hawkins made
a motion that $550 be approved from State Grants for a traffic control push button
to be installed at the Fire Station on Spring Road. Jack Shinall seconded the
motion which carried 7-0.
Jim Hawkins said he had received quite a few calls concerning zonings on Concord
Road between Atlanta Road and South Cobb Drive. There seems to be some question
as to what can and cannot be enforced in the way of yard requirements. Jim said
that under General Commercial and Limited Commercial zonings, you cannot prohibit
paving in front of the building, but we can require a 10-foot buffer off the street
right-of-way to be maintained in grass. Jim said the Building Inspector has
assured him that the buffer strip requirement will be enforced.
(Water) Jack Shinall said the committee had discussed improving the water line in
Brown Road, which is a 2" line to Brown School. It will be their recommendation
at the next meeting that bids be requested on improving the water line on Brown
Road.
Continued - May 17, 1982
Jack ShinalI said that one year ago we applied for a sewer study grant that had
been idle due to a cutback in Federal funds, but hopefully we will have a final
decision shortly.
Elbert Coalson said he had received a letter from someone in his ward concerning
an article in the paper that Marietta had received $4,421,000 in Federal funds
since 1975 and wanted to know if Smyrna was receiving their share.
Mr. Coalson said Cherokee Road is in worse condition and the pavement extremely
rough.
Elbert Coalson said a child had recently been hurt crossing the bridge from Glendale
Circle to Belmont Hills School, and the bridge is in bad need of repair. Also, a
tree is about to fall over the bridge. The bridge is owned by the School Board
and Mr. Coalson asked Ms. Spivey to notify them of the needed repairs. The tree
will be removed by the City.
(Library) Doris Morris reported on activities taking place in the Library.
Mayor Bacon said he had received several calls from citizens in Ward 1 on Saturday
morning about a train derailment, where corn and soybeans were strewn and beginning
to rot. He was able to contact railroad officials today and they are in the process
of cleaning the area.
(Parks) Sherry Reavis said the City pools would officially open on Saturday, June
5th. Admission for 4-years and older will be $1.00.
Bids on Pickup Trucks: Jim David said there was still some question concerning
prices and delivery dates, on bids just opened. Jim Hawkins made a motion the
bids be turned over to the Finance Committee with a recommendation back to full
council. Max Bacon seconded the motion which carried 7-0.
Announcements: Jonquil Breakfast on May 19th; Chamber of Commerce'Barbecue at
Six Flags on May 24th; next council meeting on June 7th.
With no further business, meeting adjourned at 8:55 p.m.
A UR T. BACON, MAYOR
J S E. TOLLESOWARD-1
L A-
WILLOUISE C. SPIVEV CITY ERK
MAX BACON, WARD 2
i
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A RESOLUTION TO DECLARE THE NEED FOR THE ACTIVATION
OF A HOSPITAL AUTHORITY TO FUNCTION IN THE CITY OF
SMYRNA, GEORGIA, PURSUANT TO THE PROVISIONS OF THE
HOSPITAL AUTHORITIES LAW; TO APPOINT THE MEMBERS OF
THE BOARD FOR SAID HOSPITAL AUTHORITY; TO AUTHORIZE
SAID HOSPITAL AUTHORITY TO EXERCISE THE POWERS CON-
TAINED IN THE HOSPITAL AUTHORITIES LAW; TO PROVIDE
FOR NOTICE TO THE DEPARTMENT OF HUMAN RESOURCES OF
THE STATE OF GEORGIA OF THE ADOPTION OF THIS RESOLUTION;
TO PROVIDE FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES:
W I T N E S S E T H:
WHEREAS, it has been determined by the Mayor and Council
of the City of Smyrna, Georgia, that there exists an urgent
need to provide adequate and proper public health facilities
for the citizens residing in the City of Smyrna; and
WHEREAS, the Hospital Authorities Law (Ga. Laws 1964,
p. 499, 598, codified as Ga. Code Ann. § 88-1801, et seq.),
as amended (the "Hospital Authorities Law"), which was
enacted by the General Assembly of Georgia, creates for any,
municipal corporation within the State a public body corporate
and politic to be known as the "Hospital Authority" of such
municipal corporation, which shall consist of a board of
not less than five nor more than nine members to be appointed
by'the governing body of such municipal corporation; and
WHEREAS, the Mayor and Council of the City of Smyrna, '
Georgia, have determined that there is a need for a Hospital
Authority to function within the City of Smyrna in order to
help finance the cost of adequate and proper health care
facilities for the citizens of the City of Smyrna; and
WHEREAS, the Mayor and Council of the City of Smyrna,
Georgia,_after thorough investigation, have determined that
it is desirable and necessary that the Hospital Authority of
the City of Smyrna, Georgia be activated immediately to
-- function in the City of Smyrna with the powers granted to it
r
i
by said Hospital Authorities Law to issue revenue antici-
pation certificates or other indebtedness for the purpose
of providing funds to finance health care facilities for
hospitals located within the City of Smyrna in order to
fulfill the present needs expressed herein;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council
of the City of Smyrna, and it is hereby resolved by the
authority of same, that there be and there is hereby determined
and declared to be a pressing, existing and future need for
a Hospital Authority (as more fully described and defined in
the Hospital Authorities Law) to function in the City of
Smyrna for the purpose of providing adequate and proper public
health facilities in said area; thereby promoting the general
welfare of the citizenry.
BE IT FURTHER RESOLVED, that there be and there is hereby
activated the public body corporate and politic known as the
"Hospital Authority of the City of Smyrna, Georgia" which was
created upon the adoption and approval of the Hospital Author-
ities Law.
BE IT FURTHER RESOLVED, that there be and there are hereby
elected as members of the first Board of the Hospital Authority
of the City of Smyrna"; Georgia the following named persons,
each of whom is a resident of the City of Smyrna:
Name
(1) Sherry Marks
(2) Jack Hembrough
(3) Stanley P. Sullivan
Term
- 2 years
- 2 years
- 3 years
-2-
(4) William Harvil
(5) Pat Cole
(6) Cecil Batson
(7) Martha Akins
r
3 years
2 years
- 2. years
- 3 years
BE IT FURTHER RESOLVED, that commencing with the date
of adoption of this resolution by the Mayor and Council of
the City of Smyrna, each of said persons named as members of
the Board above shall serve in such capacity for the number
of years set forth opposite their respective names; and
thereafter each successor member shall serve for a period of
four (4) years beginning with the end of the term of the
member succeeded;, and if at the end of any term of office
of any member, a successor thereto shall have not been elected,
then the member whose term of office shall have expired shall
continue to hold office until his successor shall be so elected.
No person shall receive any compensation for serving as a
member of the Board, but a member may be reimbursed for his
actual expenses incurred in the performance of his duties.
BE IT FURTHER RESOLVED, that in the event that a member
of the Board at any time ceases to be a resident of the City
of Smyrna, his eligibility to serve as a member of the Board
shall cease, and his term of office shall end.
BE IT FURTHER RESOLVED, that upon the termination of
the term of office of any member of the Board for any reason,
the Mayor and Council shall fill any vacancy on the Board of
the Hospital Authority in the following manner:
(1) The Mayor and Council of the City of Smyrna shall
submit a list of three eligible persons to the Board of the
-3-
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ff
Hospital Authority.
(2) The Board of the Hospital Authority at its next
regular meeting shall select one of the three persons named
in said list, or in lieu of such selection, shall follow the
procedure required by Section 88--1803 of the Hospital
Authorities Law relating to filling any vacancy on such Board.
BE IT FURTHER RESOLVED, that the Board of the Hospital
Authority hereinbefore appointed shall organize itself, carry
out its duties and responsibilities and exercise its powers
and prerogatives in accordance with the terms and provisions
of the Hospital Authorities Law as it now exists and as it
might hereafter be amended or modified.
BE IT FURTHER RESOLVED, that the City Clerk of the City
of Smyrna shall furnish immediately to the Department of Human
Resources of the State of Georgia a certified copy of this
resolution in compliance with the mandate set forth in Section
88-1803 of the Hospital Authorities Law.
BE IT FURTHER RESOLVED, that this resolution shall be
effective immediately upon its adoption by the Mayor and
Council of the City of Smyrna and from and after such adoption
the Hospital Authority of the City of Smyrna, Georgia shall
be deemed to be duly created and activated.
BE IT FURTHER RESOLVED, that any and all resolutions
in conflict with this resolution be and the same are hereby
repealed.
Adopted and approved this 3rd day of -May , 1982.
MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
'-,.--(SEAL) BY
c
Attest: Mayor
By/
City Clerk
-4-
nOnTmAmrr
Section 1.
rt
WHEREAS, the Housing Authority of Cobb County (the
"Authority") proposes to issue $30,000,000 in principal amount of
Housing Authority of Cobb County Single Family Mortgage Revenue
Bonds, Series 1982, dated as of July 1, 1982 (the "Bonds"); and
WHEREAS, the Authority has requested that the Mayor and
Council of the City of Smyrna adopt an ordinance authorizing the
proceeds of the Bonds to be used in part to purchase mortgage
loans for single family residential units located within the
municipal limits of the City of Smyrna; and
WHEREAS, the -City of Smyrna desires that the Authority make
available part of the proceeds of the Bonds to purchase such
single family mortgage loans within the municipal limits of the
City of Smyrna; and
WHEREAS, under the Housing Authorities Law (Ga. Laws 1937,
p. 210, et seq, as amended) the City of Smyrna is required to
consent,to the operation of any "Project" within the municipal
limits of the City of Smyrna by the Authority and does hereby
deem this Ordinance to comply with the.requirement of the Housing
Authorities Law;
0
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY'OF SMYRNA, THAT:
The Authority is authorized to make available such funds as
it desires for purchase of mortgages of single family residential
units located within the municipal limits of the City of Smyrna
and the City of Smyrna does hereby consent to such program of the
Authority.
Section 2.
Th us Ordinance shall be in full, force and effect upon
passage.
DATE : May 17, 1982
N ATTEST /�.G
City Clerk J //
APPROVED:
Mayor and Council
THIS RESOLUTION APPROVED BY MAYOR AND COUNCIL AT THEIR REGULAR MEETING OF
MAY; .1 T, / 198'2 .
1