12-21-1981 Regular MeetingDecember 7, 1981 - Continued
John Steely thanked council for approving the bid to install lights at Cobb Park,
which 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 given 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 State Department of Transportation Commissioner Tom Moreland
and at that time Mr. Moreland 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 the only other problem after that was to get the construction set on a priority
list so that work could.get underway. Some circumstances have come about that have
confused the building of 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.
Annexation: Warren Grant Wilbanks, Adelia Wilbanks Eubank and James Virgil Wilbanks
requested annexation of property located on Spring Road in Land Lot 631. The appli-
cation was read as follows:
We the undersigned, who constitute sixty percent (60%) of the owners of the
land area by acreage of the area described below, which is unincorporated
and contiguous 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, Page5.1011, 1012; said property to be annexed
being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 631 of the 17th
District, 2nd Section, Cobb County, Georgia, and being.a part of original
Lots 14 & 15, East Smyrna Subdivision as per plat of said lots by 0. 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
(or Drive) a distance of 173.05 feet to an iron pin on the POINT OF BEGINNING:
running thence hortherly along the easterly right of way of Emory Drive and
following the curvature thereof a distance of 301.8 feet to an iron pin; thence
easterly at an interior angle of 87 degrees with the proceeding call a distance
of 90 feet to an iron pin; thence northerly at an exterior angle with the
preceeding call of 270 degrees 05 minutes a distance of 68 feet to an iron
pin on the'southeasterly right of way of New Spring Road (formerly Love Street);
December 21, 1981 - Continued
thence northeasterly along the southeasterly right of way of New Spring Road
and following the curvature thereof a,distance of 175.22 feet to an iron pin;
thence southerly at an interior angle with the preceeding call of 67 degrees
36 minutes a distance of 440.14 feet to an iron pin; thence westerly a distance
of 220 feet to an iron pin on the easterly right of way of Emory Road 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 SMYRNA.
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:
s/JAMES V. WILBANKS, ADELIA W. EUBANK & W. G. WILBANKS
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.
Annexation: Ted Jones and J. W. Holloway requested annexation of property located
on Emory Road in Land Lot 631. The application was read as follows:
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 contiguous 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, Pages 1011, 1012; said property to be
annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 631 of the 17th
District, 2nd Section, Cobb County, Georgia, as per plat by West Georgia
Surveyors and Engineers, Inc., dated May 8, 1981 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 and J. W. Holloway and the POINT OF BEGINNING: 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 (or Drive) a distance of 173.05 feet to an
iron pin; thence easterly along the southerly line of property now or formerly
owned by Wilbanks a distance of 216 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 SMYRNA.
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:
s/TED JONES & J. W. HOLLOWAY
Jim Tolleson made a motion the signatures be validated and the date for public
hearing set for January 18, 1982. Elbert Coalson seconded the motion which carried
by' a, 7-0 vote.
Rezoning: Max Johnson requested rezoning of property located in Land Lots 777, 778,
807 and 808 from RM-12 to Residential Townhouse District (RTD). Mr. Johnson said
townhouses would be built on the property, exactly the same as ones already under
construction on his adjoining property. The property joins Plumtree Apartments on
the rear and Loehmann's Plaza shopping center on the east -side. Mayor Johnson said
the Planning and Zoning Board had unanimously recommended the rezoning be approved.
Max Johnson said he was proposing two streets to be tied into Bell Drive at Afton
Downs for ingress and egress to the development.' Jim.Tolles7d made a -motion the
property be rezoned as requested. Jack Shinall seconded the motion which carried
by a 7-0 vote.
Amendments to Fire Code: Max Bacon explained proposed amendments to the fire code,
Section 14-2, Survey of Premises and Specifications of Equipment; Section 28-19,
Firewalls or Firestop Requirements for Apartments or Condominiums from One to Three
Stories; and Section 28-20, Requirements for Early Fire Detection Systems in Apart-
ments or Condominiums.
December 21, 1981 - Continued
Attorney Camp said these amendments had been studied in great detail by himself,
the Fire Chief and Fire Prevention Bureau. These are substantial changes and one
of the conditions listed in Section 28-20 relieves the requirement for double exits
in certain instances in residential units, provided they meet other requirements in
the code. Max Bacon said these amendments will bring our code more in line with
Cobb 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 Openings: (1) Bids for a low -boy trailer were opened, read and recorded as
follows:
Metropolitan Tractor Co., Inc.
4500 Wendell Drive
Atlanta, Ga.
Yancey Bros.
P. 0. Box 43326
Atlanta, Ga.
Fontaine Truck Equipment
5178 Old Dixie Highway
Forest Park, Ga.
$ 9,899.00 (30 day delivery)
$12,736.00
$10,770.00 (60 day delivery)
Jim Tolleson made a motion the bids be referred to committee for'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 $8,964.00 each
810 Cobb Parkway
Marietta, Ga.
Neal Pope Ford $8,852.87 each
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 U . 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.
Appointment to Planning & Zoning Board: Mayor Johnson stated he would yield his
appointment to the Planning & Zoning Board to incoming Mayor Arthur Bacon when he
was sworn into office January 4, 1982.
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-
ment -of Bill Wood: Jerry made -a motion that Bill Wood be reappointed. Jim Tolleson
seconded the motion `which carried' by a' 7-0 vote.
Jack Shinall said he had not had time to discuss his reappointment with the repre-
sentative from Ward 5 and would also like to defer his appointment to January 4th.
Elbert Coalson made a motion that George Griffin be reappointed to the Planning &
Zoning from Ward 6. Jack Shinall seconded the motion which carried 7-0.
December 21, 1981 - Continued
Appointmentxof Parks Director: John Steely made a motion that Sherry Reavis be
appointed as acting Parks and Recreation Director 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.
Committee Reports: John Steely said Merlin F. Burt, developer of Green Forest Sub-
division had agreed to curb Reed Road within 90 days, in a letter dated August 6,
1981, and asked Jim David to contact Mr. Burt to find out when this work would be
done.
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. Max 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.
WIL�LOUISE C. SPIVEY, CIT CLERK
MAX.4BACON . WARD 2
LY,
We, the undersigned residents and homeowners of the
Greenridge Subdivision OBJECT to theAssuing of any
Business License to resident and/or owner of property
0. at a/-26 Old Spring Road, Smyrna, Ga., and further
request that the business that is now operating at
said address cease immediately.
ADDRESS
660
�yJ
,-- a�
We, the undersigned residents and homeowners of the
Greenridge Subdivision•OBJECT to the;jssuing of any
Business License to resident and/or owner of property
at .2196 Old Spring Road, Smyrna, Ga., and further
request that the business that is now operating at
said address cease immediately.
ADDRESS
----------- -- -- --
v
_ 6�
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.
Subscribed and sworn to before
me this 4th day of January, 1982
Arthur T. Bacon, MAYOR Seal)
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.
0uncilman Ward #1 Seal
James E. Tolleson
Subscribed and sworn to before
me this 4th day of January, 1982
eu'QAAJ
dge,!Cobb Courfty Superior Court
r.niINCTI MAN
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 (Seal)
Max Bacon
Subscribed and sworn to before
me this 4th day of January, 1982
dge, Cobb County Superior Court
MAYOR
FRANK B.JOHNSON
POST OFFICE BOX 1226
SMVRNA, GEORGIA 30081 '
December 30, 1981
THE JONQUII
M
TELEPHONE
CITY COUNCIL
TO ALL COUNCIL MEMBERS
WARD 1 / N
JAM ES E. TOLLESON FROM: WILLOUISE SPIVEY
ARD2 SUBJECT: MOTION MADE AND CARRIED ON DECEMBER 21, 1981 TO
BACON
APPROVE THE RENEWAL OF A LOAN OF $250,000.
J_WARD3
JERRY MILLS
WARDI
JIM HAWKINS
WARD
JACK SHINALL
WARD
ELBERT COALSON
WARD 7
JOHN STEELY
CITY CLERK
WILLOUISE C. SPIVEY
CITY CLERK EMERITUS
L.W. CHARLES
CITY ATTORNEY
CHARLES E. CAMP
r_--R'S COURT JUDGE
r1
REEVES
,I
During the meeting of Mayor and Council held December 21, 1981
and motion was made and carried to approve the renewal of a
loan of $250,000 for a period of five days, from December 31,
1981 until January 5, 1982.
We have at this time sufficient furids in -the General Fund to
pay this loan off'and still have funds to operate the city
for at least two months.
It is the recommendation of Mayor Frank Johnson and incoming
Mayor Arthur Bacon that the above motion be rescinded and
the loan not be made. According to Mr. Bacon, if additional
funds are needed a loan will be approved at that time.
COUNCILMAN
I, James Williams , 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.
James
cilman Ward #3 Seal
Will
Subscribed and sworn to before
me this 4th day of January, 1982
udge, Cobb Cou ty Superior Court
COUNCILMAN
I, James M. Hawkins , 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
dge, Cobb County Superior Court
I, Jack L. Shinall
truly demean myself as
term, and that I will
City to the best of my
as COUNCILMAN act as I
help me God.
ouncilman Ward #4 Seal)
James M. Hawkins
COUNCILMAN
, do solemnly swear that I will well and
Councilman of the City of Smyrna for the ensuing
faithfully enforce the Charter and Ordinances of said
ability, without fear or favor, and in all my actions
believe for the best interest of the said City. So
C cilman Ward Seal
ack L. Shinall
Subscribed and sworn to before
me this 4th day of January, 1982
dge, Cobb Co my Superior Court
COUNCILMAN
I, Elbert R. Coalson , 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 6Jard #6 Seal)
Elbert R. Coalson
Subscribed and sworn to before
me this 4th day of January, 1982
4i�
dge, Cobb (County Superior Court
COUNCILMAN
I, Sarah M. Jones , 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.
1-4-� Yn
C uncilman Ward #7 Seal)
Sarah M. Jones
Subscribed and sworn to before
me this 4th day of January, 1982
ge, Cobb County Superior Court
CITY ATTORNEY
I, Charles E. Camp , do solemnly swear that I will well and
truly demean myself as City Attorney 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 CITY ATTORNEY act as I believe for the best interest of the:;said City. So
help me God. ildZ
City Attorney USeal
Charles E. Camp
Subscribed and sworn to before
me,this 4th day of January, 1982
J ge, Cobb Courtty Superior Court
CITY CLERK
I, Willouise C. Spivey , do solemnly swear that I will well and
truly demean myself as City Clerk 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 CITY CLERK act as I believe for the best interest of the said City. So
help me God.
City Clerk al)
Willouise C. Spivey
Subscribed and sworn to before
me this 4th day of January, 1982
J ge, Cobb (County Superior Court
RECORDER'S COURT JUDGE
I, C. V. Reeves , do solemnly swear that I will well and
truly demean myself as Recorder's Court Judge 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 RECORDER'S COURT JUDGE act as I believe for the best interest of
the said City. So help me God.
6L4W / -
Recorder's ourt Judge Seal
C. V. Reeves
Subscribed and sworn to before
me this 4th day of January, 1982
ge, Cobb County Superior Court
January 28, 1982
M E M O R A N D U M
TO: Al-1 Council Members
FROM: Willouise Spivey d
The annual premium for the C. ty's liability insurance comes due May 2nd.
In the past, it has been necessary for us to pay the premium in two
installments due to the fact that revenues are slack during the months
of April and May.
Bob -Fowler has agreed to extend the due date to November 2nd, and it
is the recommendation of the Finance and Insurance Committees that the
due date be extended. Ad valorem taxes are billed in June, and by
November, funds would be more readily available for payment.
If you agree with this extension, please signify by signing your name
as indicated below.
%4-