05-03-1971 Regular MeetingI
MAY 3, 1971,
The regular meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, May 3, 1971, at 7:30 O'clock
P.M. Mayor Harold L. Smith presided and all Council Members were
present. Also present were City Clerk L. W. Charles, City Attorney,
G. W. Carreker, D. Scott Jackson Tax Assessor, J. E..David, Supt,
Public Works, N. Proctor, Don Atkinson, Asst. Fire Chief, Vic Broyles,
Supv. Sanitation Department, Building Inspector Leon Hood, Dick
Williams of Mayes, Sudderth and Etheredge, and a representative of
the Marietta Journal and WBIE.
Invocation was given by Mr. Bob McDuff.
In the first order of.business the land -fill operation on
Cooper Lake Road was discussed. Attorney Bob McDuff represented
a committee of citizens from the Cooper Lake area who appeared in
Council in opposition to the proposed land -fill operation. Also,
speaking in oposition to the land -fill were: Messrs. Bill Carver,
C. J. Fouts, Bob White, James Huddleston, Guy Lindley, Bob Lance
and Jim Wiggington. The citizens requested we continue to use the
county dump, that we not sigh a contract for a land -fill on Cooper
Lake, that the City consider the future use of the property.
Councilman C. 0. Canada stated the committee had recommended the
Land -fill to prevent loss of revenues. After further discussion
Councilman Hubert Black motioned we rescind the previous Council
action requesting the City Attorneys and Mr. Fowler's attorney
to draw up a contract on the land -fill. The motion was seconded
by Marston Tuck. 'Vote on the motion was six to one, Arthur T.
Bacon abstained. The item was deferred until additional infor-
mation could be obtained.
Under Citizen Reports, Mrs. Sue Brissey complained of poor trash
pick up. A citizen from the Deerwood subdivision reported sewage
in the creek at Antler Trail. This was referred to J. E. David
for correction.
Commercial building permits were submitted by building inspector
Leon Hood and upon his recommendations the following action is
recorded:
1. Application from Bank of Smyrna requesting approval of a double
faced sign at the new branch bank on Concord Road. On motion
by J. C. Porterfia.ld, seconded by C. 0. Canada, the permit was
approved on unanimous vote.
2. Application from Sal Amico, 2372. Ventura Road, for unlighted
32 sq. ft. sign (bookkeeping operation) in rear of building.
The permit was approved on motion by C. 0. Canada, seconded by
Marston Tuck. Vote on the motion was unanimous,
3• Request for 20' x 10' bill board type_s:rign to be placed on
Simmerlin property on South Cobb Drive. Councilman Homer Kuhl
stated that the City ordinance calls for the sign to be erected
on the owner's property.
4. Mr. Bernard Halpern requested a variance from 30' to 20' rear
yard set back on property (3 lots on Atlanta Road, next north
of Fleming for proposed center known as Belmont Village ),1 It
was recommended that Mr. Halpern obtain a letter from the adjoining
property owners stating they did not object. Councilman Arthur
T. Bacon,to follow through in regard to the letter.
5. Request from Bill Atkins to renovate the building next door to
his drug store (2.806 Atlanta Street) to be used as a health food
Store. J. C. Porterfield motioned the permit be granted subject
to all provisions of the building codes being met. The motion
was seconded by Marston Tuck and voted unanimously.
6. Request from Standard Oil Company to build a service station on
Concord Road at Cooper Lake road. This request was deferred to next
meeting in order to check out the zoning with the drawing,
7. Request was made by Cobb County Board of Education for King Springs
Middle School, King Springs Road. (The permit was formerly
issued by the county and approximately 15% of work has been completed)
Estimated cost of the school was listed at $1,908.,000. The
permit was approved on motion by Hubert Black, seconded by J. C.
Porterfield. Vote on the motion was unanimous.
There was no report on the Concord -Love Street widening nor on the
Atlanta Street widening project.
(Continuation of May 3, 1971 Meeting)
Councilman_ C. O.o Canada reported that, the .contract for paving of the
1401 alley (North.of Bank Street) would be in,this week:
Mr. Canada also°;.reported that the sewer facility project on Birch Street
would be completed this week.
Mayor Harold L. Smith stated the Eastside se.wage.facility contract
agreement had been taken care of and could befdeleted from the Agenda .
Public Works Superintendent, J. E. David, reported the.8" water main
to the Burson property had been completed and fire plugs installed,
and the casing under the highway would probably be completed either
Tuesday or Wednesday, of- this week.
Mayor Harold L: Smith stated he had received a call today from the
contractor requesting a waiver in the "stop work�oider"., which was
issued due to lack •of water`. . There seemed - to be a .misunderstanding
in the meaning of the. work, "framing" between the Fire' -Marshall and
the contractor. After further discussion,.J: motioned
we allow the contractor to' continue with the. framing, of the Rix
buildings already under construction,,including the.siding and
roofing, provided no electrical, plumbing, or heating and air conditioning
work was done on any,of the buildings. The motion was seconded by
J. P. White. -Vote on the motion was six to ,one,_ Marston Tuck. opposed.
V Mayor Harold L. Smith stated the committee .had' reviewed .the bids received
V an police cars and recommended the contract be awarded to Wade Ford
in the amount of $3,181.42 to replace the wrecked .patrol car (The spot
light could be used on the new car), and $3,202.01 each for the
other two patrol ca'is.: Councilman. Arthur T. ,Bacon' motioned that we
accepts the bids from Wade�.Ford on the three cars. tThe motion was
seconded by Marston -Tuck and voted unaimously.
Councilman J. C. Porterfield made a motion that Council adopt at this
time an employee retirement plan based on all_full.time employees
being covered with one percent of average monthly salary, paid by the
City, at a maximum cost of $33,000 annually, subject to budgetary
control, to be effective July 1, 1971. The motion was seconded by
Marston Tuck and voted unanimously. To participate in the plan, an
employee must work) at' least 15 years and there -would be no retirement
before July .1972.. It was' agreei, the premium would-be set up in the
administrative budget rather than by departments.. The cost called
out above is based,on the)GMA plan; however, Mr.-Porterfiled stated
other insuarnace. compai:L.eescould write. the same plan;, possibly at
a leaser cost. I >r I , II .
Councilman C.- 0. Canada stated he had talked to Commissioner Ernest
Barrett regarding the Anima1_Control Ordinance._ ,Mr. Barrett stated
this item was on. the ,Agenda) of the meeting) to be.,heldi May 4, (1971
and he hoped a 'contract could be agreed upon.
A copy of the Ordinance prohibting B-B guns, air rifles, etc., was
tb be given to each Councilman and bro ught,back to the next meeting.
Councilman Marston Tuck recommended Charles Blough as Civil Service
Board Clerk, this beingithe only recommendation. It was the general
opinion that se.ve-ral people should be considered. Mayor Harold. L.
Smith referred the matter- to- the full committee, to work out a
definite recommendation. -- I., -
Councilman Arthur T. Bacon reporting on -Malt Beverage applications,
stated Mr. Lewis Brooks, Manager of Tenneco Oil Company, 902 Cherokee
Road, was not a resident of the city; therefore, his application
could not be considered. The application of Mr. J. C. Knight for
Malt Beverage License (transfer), Old Hickory House, Cherokee Road,
was approved on motion of Arthur T. Bacon, seconded by C. 0. Canada.
The vote was five to two. Homer Kuhl and Hubert Black were opposed.
March 1 and 15, 1971 minutes were approved on unanimous vote on
motion by Hubert Black, seconded by J. P. White.
April 5, 1971 minutes were approved on motion by J. P: White, seconded
by Arthur T. Bacon. The vote was six for approval. Homer Kuhl
abstained for the reason he was not present at this meeting.
(Continuation.of May 3, 1971 Meeting)
April 19, 1971, minutes were approved as submitted on unanimous
vote on motion by J. ; P. .White, seconded by Arthuri T. Bacon.
Hearing date for consideration of rezoning the Bessie)Bivins
property on Hargrove Road from R-1 to C-1,,and the.Geneva Arnold
property on Atlanta Road, from R-1 to C-1 was called out as
June 21, 1971","bn motion.by Marston Tuck, seconded by.J. C. Porter-
field. Vote on the motion was unanimous. ,
In other action: .
Mayor Harold L.,Smith submitted a letter from City Attorney
George'.W. Carreker regarding a proposed settlement with.Odolph
Emanuel who was involved in an accident with a police patrol
car. Mr. Carreker.stated Mr. Hugh'Newberry of the Atlanta
firm Dunaway, Shelfer.,� Haas & Newberry called him May 3, 1971,
stating they would pay the,sum of $700.0.0 as settlement and
Mr. Carreker strongly recommended we accept it. The repair bill
on the car was approximately. $585.00. J. C. Porterfield motioned
that the $700.00 be accepted as settlement. The motion was
seconded by C. O..Canada and voted unanimously.
Finance Chairman Hubert Black submitted a list prepared by the
Tax Department of delinquent taxes for the years 1964-19.70.
Councilman Marston Tuck motioned the list be turned over to the
City Attorney and that.he mnite a.strong letter to the owners
of the property and report progress made at the,secondo meeting
in June. The vote was,six to one, J. C.'Porterfield opposed.
On motion by Marston Tuck, seconded by J. C. Porterfield, a
permit.was granted.for,the Girls Soft Ball Association to hold
a parade on May 29, 1971, at 8:30 A.M. The vote was,unanimous.
Councilman Marston Tuck requested authority to write letters to
ten or twelve manufactures of playground equipment to secure
catalogs and prices on certain equipment f.o.b. Smyrna. This
was agreeable to':all Councilmen.
Councilman Marston Tuck reported that one door at the Fire Department
was badly in need -of replacement and he would.like to get bids
for all three doors' in order that they would match.. Mr.". Tuck
also stated the Fire Department salary budget was $7000.00 in the
black and motioned that $3000.00 be transferred to Capital to
purchase new doors. Arthur T. Bacon seconded the motion. The
motion carried four to three. For the vote: Marston Tuck, Arthur
T. Bacon, Hubert Black, and Homer Kuhl. Voting against the
motion: C. 0.•Canada, J.P. White and J. C. Porterfield.
Councilman Hornier. Kuhl. motioned that sealed bids be secured on
the doors for opening June 21, 1971. The motion was seconded
by J. P. White. The vote was five to two. Hubert Black
abstained, Marston Tuck voted against the motion
Councilman Homber Kt`ahl stated that the Civil Service Board had
recommended three patrolman to Chief Robert Drake to select one
as Sergeant to replace -Sergeant Castile, and that Chief Drake
had selected William H. Hayes, Jr.., the promotion to be effective
April 19, 1971. Mr. Kuhl motioned that Chief Drakes recommendation
of Mr. Hayes be approved'. The motion was seconded -by Hubert
Black and voted unanimously. .(I
Meeting adjourned 10:_30 P.M.
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