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05-21-1984 Regular MeetingMay 21, 1984 The regular scheduled meeting of Mayor and Council was held May 21, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Tolleson. All council members were present except Max Bacon who was on vacation. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, City Engineer Jim Mallett, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the flag. Jim Tolleson reported that Max Bacon was out of town this week and the Mayor was progressing very well. Proclamation: Jim Tolleson read a proclamation for Parks and Recreation Month in June. Jack Shinall made a motion the proclamation be adopted. Kathy Brooks seconded the motion which carried 5-0. Rezoning: At the request of the petitioner, Jack Shinall made a motion the rezoning of property in Land Lot 528 at King Springs Plaza Shopping Center be tabled to the next meeting. James Williams seconded the motion which carried 5-0. Public Hearing: Charter Amendment Sections 77(9)(a) and 77(14): Jim Tolleson said T, that tonight would be the first of two votes required under State law to amend our Charter. Jim Hawkins said at the last meeting there was a public reading of proposed changes and tonight he was introducing an additional change, by deleting paragraph (a) of Section 77(9)(a). This paragraph required that the Chiefs of Police and Fire would be placed under Civil Service after completion of a 12 month probationary period. Jim Hawkins read the proposed amendment to be voted on as follows: Section 77(9)(a) Department Head Vacancy (a) In the event a vacancy shall occur in the office of Chief of the Fire Department, Chief of the Police Department, or the head of any other department under Civil Service in the City of Smyrna, Mayor and Council may appoint an acting chief or department head who shall hold such office until the chief or department head is appointed as herein provided. (b) In the event a vacancy shall occur in the office of Chief of the Fire Department or Chief of the Police Department, or head of any other department under Civil Ser- vice in the City of Smyrna, the Civil Service Board shall accept and review all applications for such office, test and interview all applicants in accordance with the procedures established for filling other vacancies and thereafter submit to Mayor and Council the names, test results, and applications of all qualified eligible applicants, with all recommendations, comments, findings and minutes of the Civil Service Board as relates to each applicant; thereafter Mayor and Council may select such applicant deemed best qualified to fill such positions or request additional applications be taken by the Civil Service Board. Section 77(14) Minutes and Records of Board Business Said Civil Service Board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be on file in the office of the clerk of the mayor and council of the City of Smyrna. The clerk of the board, or his designee, shall attend all meetings of said Civil Service Board and shall keep the minutes and records of same. Norman Brenner asked for clarification on the change tonight. Jim Hawkins said the Chiefs will not serve a probationary period. Basically, all they are doing is saying that in the event a vacancy should occur after minimum qualifications have been agreed on, that all applicants meeting minimum requirements will be submitted to Mayor and Council at one time for their consideration. Mr. Brenner said he was still opposed to the change; the Civil Service law has worked since 1959. Sue Brissey said she had not heard one person speak for the proposed amendment and ( asked if the public opinion meant nothing. Jim Hawkins said public opinion was the reason for making some of the changes since the original amendment was read. Hugh Ragan also stated that council had received a letter from the Smyrna Business Asso- ciation supporting the amendment. Eddie Vonic read a letter from a lady in the audience, who wished to remain anonymous, supporting the police and fire departments and the petition they submitted, as well as the Civil Service Board. May 21, 1984 - Continued Roy Orr requested that the letter from the Smyrna Business Association be made avail- able to the public. Mr. Orr said they were concerned about the qualifications of the next Fire Chief hired and the amendment was something he could live with if council would establish qualifications first. Mr. Orr said there was a lot of distrust among members of the Fire Department now. Walt Baker said the only recommendation made by the Smyrna Business Association was that all names be presented to council for consideration in hiring a chief, rather than the Board submitting three names at a time. Jim Hawkins made a motion that paragraph (a) of Section 77(9)(a) be deleted and paragraphs (b) and (c) be renumbered (a) and (b). Kathy Brooks seconded the motion which carried 5-0. Jim Hawkins then re -read the final draft of the amendment. Bob Davis and Roland Williams, members of the Civil Service Board, spoke and said they felt they had done the best job possible. They had not had any problems and felt the Charter should be left as is. Roland Williams said he hoped this would be the final draft and assured council that they would receive the names of only the qualified eligible applicants. Mr. Williams said the criteria, as far as he was concerned, would be set high. After further discussion, Jim Tolleson asked for a show of hands from the audience; there were eleven opposed to the amendment and one for. Jim Hawkins then made a motion the Charter amendment be approved as earlier read. Kathy Brooks seconded the motion which carried 5-0. Open Bids: Bids to install the Smyrna Hill Drive sewer line were opened, read and \ recorded as follows: Ivie & Associates $31,929.00 J. E. Lovern Construction $34,585.25 American Constructors $31,927.00 D&H Construction $31,138.15 Jack Shinall made a motion the bids be turned over to the Water Committee and Jim Mallett for review with the bid to be awarded at the next meeting. James Williams seconded the motion which carried 5-0. Bids to refurbish the 1967 fire truck were opened, read and recorded as follows: Harolds Sales & Service $47,265.12 Charles McLarty $72,760.00 (alternate proposal) American LaFrance $64,781.00 Jim Hawkins made a motion the bids be turned over to the Public Safety Committee with their recommendation back to full council at the next meeting. Jack Shinall seconded the motion which carried 5-0. Validation of Signatures: Attorney Camp read an application for annexation of 1 acre on Jones Shaw Road as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land L 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, Pages 1011, 1012; said property to be annexed being desacribed as follows, to wit: All that tract or parcel of land lying and being in Land Lot 302 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point located on the north side of Jones Shaw Road 322.07 feet west \ , of the Northwest corner of Jones Shaw Road and Old Concord Road and running thence in a northerly heading for 208 feet, more or less, to an iron pin, thence in a north- westerly heading for 88.11 feet to an iron pin, thence in a southwesterly heading for 165 feet to an iron pin, thence in a southerly heading for 222 feet, more or May 21, 1984 - Continued less, to a point on the north side of Jones Shaw Road, and thence running easterly along the north side of Jones Shaw Road for 283 feet, more or less, to the point of BEGINNING, said tract being 1 acre, more or less. r k 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/HERMAN E. TALMADGE, MRS. CLYDE P. WARD, C. L. LOTT, FRANCIS LOTT Kathy Brooks made a motion the signatures be validated and the public hearing set for the second meeting in June. Jim Hawkins seconded the motion which carried 5-0. Validation of Signatures: Attorney Camp read an application for annexation of 3.25 acres in Land Lots 608 and 617 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, 41o, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: .•C All that tract or parcel of land lying and being in Land Lots 608 and 617 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at the intersection of Land Lots 608, 609, 616 and 617 of the said District and Section; thence South 89 degrees 54 minutes 09 seconds West for a distance of 128.71 feet to a point and iron pin; thence South 89 degrees 33 minutes 20 seconds West for a distance of 379.42 feet to a point and iron pin; thence North 00 degrees 35 minutes 12 seconds East for a distance of 245.22 feet to a point and iron pin; thence South 89 degrees 17 minutes 24 seconds East for a distance of 207.62 feet to a point and iron pin; thence North 87 degrees 12 minutes 44 seconds East for a distance of 300.42 feet to a point and iron pin; thence South 89 degrees 05 minutes 15 seconds East for a distance of 136.74 feet to a point and iron pin; thence South 28 degrees 50 minutes 08 seconds West for a distance of 288.08 feet to a point, said point being the point of BEGINNING. Said tract contains 3.25 acres. 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/RICHARD W. VAUGHN, ASS'T VICE PRESIDENT, SOUTH COBB DEVELOPMENT CO. Hugh Ragan made a motion the signature be validated and the public hearing set for June 25, 1984. Jim Hawkins seconded the motion which carried 5-0. David Logel requested approval for use of a construction trailer at Laurel Springs Development on Cooper Lake Road. Hugh Ragan made a motion the permit be approved for 2 years. Jack Shinall seconded the motion which carried 5-0. Commercial Building Permits: Commercial building permits were presented by Hugh Ragan and recorded as follows: (1) House of Children, 960 Powder Springs Street requested a permit for an addition to the existing building at a total estimated cost of $42,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. (2) Rose Garden Elementary School requested a building permit for construction of a covered play area at a total estimated cost of $30,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 5-0. (3) Cobb Center Mall requested a building permit to finish fire damage repairs at 2122 South Cobb Drive at a total estimated cost of $91,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 5-0. May 21, 1984 - Continued (4) Halpern Enterprises requested -a permit for remodeling at 2420 Atlanta Road at a total estimated cost of $40,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. (5) Circuit City requested a permit for new construction at 1968 Cobb Parkway at a total estimated cost of $1,100,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 5-0. (6) Ridgeview Institute requested a building permit for construction of a conference center at 3995 South Cobb Drive at a total estimated cost of $1,034,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. (7) Ridgeview Institute requested a building permit for construction of a new guest cottage at a total estimated cost of $1,857,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. (8) Ridgeview Institute requested a building permit for construction of a new office building at a total estimated cost of $2,020,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 5-0. Ordinance Amendment: Jim Hawkins made a motion the following ordinance amendment, pertaining especially to residential sprinkler systems be approved: Section 10-29: Section 14.2 Survey of Premises and Specifications of Equip- ment (copy to be made a part of these minutes) Section 10-30: Section 28.20 (copy to be made a part of these minutes) James Williams seconded the motion which carried 5-0. ' James Williams said that after re -applying, the State has approved a traffic light at Powder Springs Street and Atlanta Road and the Public Works Department has received a bid for $11,000 to install the light which he would like to have approved under State Grants. After discussion, James Williams said this would be brought up at the next meeting. Bid Request: Jack Shinall made a motion that bids be requested for park equipment to complete Phase I of the revised utilization plan for North Smyrna Park. Kathy Brooks seconded the motion which carried 5-0. Jack said that $15,500 has been allotted for this equipment. � Jack Shinall made a motion the second meeting of June be changed to June 25th, due to the GMA convention in Savannah. Hugh Ragan seconded the motion which carried 5-0. Committee Reports: Jim Hawkins reported that Hubert Cochran was at the Fire Chief's Convention and requested a Public Safety Committee meeting after adjournment. Jack Shinall said at the last meeting he brought up a request to delay the building permit and suspend a variance for construction at the corner of Bank Street and South Cobb Drive. Jack said he has received a letter from the construction company and developer of that site agreeing 'to replant the entire rear of the property with Red Tip Photenias. He has also secured all licenses and the silt control measures have been installed. (Library) Doris Morris thanked the 5 elementary schools for giving a warm welcome to the Summer Reading Program. Kathy Brooks said the newspapers reported that Jean Bradley was appointed to the Hospital Authority and she was actually appointed to the Housing Authority. Hugh Ragan said we are continuing to work on the traffic problems on Concord and Havilon. Vic Broyles met with two traffic engineers and approval has been given to widen a 515 foot strip of the road which they think will help tremendously. Hugh thanked everyone involved for their efforts in trying to alleviate this problem. Jim Tolleson reported that Chuck Camp and three councilmen would be going to Washing- ton tomorrow and read their itinerary for the two day trip. May 21, 1984 - Continued Jim Tolleson said that Jim David was out of the hospital and doing fine. Also, Vic Broyles' wife is at home after having surgery. With no further business, meeting adjourned at 9:05 p.m. 411�� 1-�x c ARTHUR T. BACON, MAYOR E. TOLLESON,�WARD 1 / JAM S W�LLIAMS, WARD 3 5 HUGH AN, WARD ILI WILLOUISE C. SP.IVEY, CITY C RK / MAX BACON, WARD 2 I HAWKINS, WARD 4 KATHY BR00 , WARD 6 i In 0 MUNICIPAL CLERKS WEEK WHEREAS: CONTINUING' RESPONSIBLE AND EFFICIENT LOCAL GOVERNMENT IS VITAL TO THE WELL—BEING OF OUR STATE; AND WHEREAS: MUNICIPAL CLERKS ARE THE KEY ADMINISTRATIVE OFFICERS IN MANY OF OUR CITIES AND TOWNS AND AR•E..,.RESPONS I BLE FOR EFFECTIVE COMMUNICATION BETWEEN THE MAYOR, THE CITY COUNCIL AND THE CITIZENS OF THE COMMUNITY; AND WHEREAS: MUNICIPAL CLERKS HAVE MADE PROVISIONS FOR THE CONTINUING EDUCATION OF THOSE ENGAGED IN THEIR PROFESSION THROUGH STATE, REGIONAL AND INTERNATIONAL ORGANIZATIONS; AND WHEREAS: GEORGIA'S MUNICIPAL CLERKS HAVE PERFORMED THEIR DUTIES AND OBLIGATIONS IN A SINCERE, HONEST AND LOYAL MANNER AND ARE DESERVING OF RECOGNITION; NOW THEREFORE: I, ARTHUR T. BACON, MAYOR OF THE CITY OF SMYRNA, DO HEREBY PROCLAIM THE WEEK OF MAY 13-19, 1984, AS "MUNI— CIPAL CLERKS WEEK" AND URGE ALL OUR CITIZENS TO RECOGNIZE THE VALUABLE PUBLIC SERVICE PROVIDED BY THE MUNICIPAL It CLERK OF OUR CITY• ,1�xi Witness W4erref, ✓ ;jave gereunto Set ME ganb ans cau5eb tge Seai of tge (2itp to 6e a f fi�eb upon tgi5 7 T H 6z of MAY in t;je Eear of `.Jur -ors 19'84 �-- r LIN