07-20-1970 Mid-Monthly Meeting(Continuation of July 6, 1970 Meeting)
The meeting adjourned at 10:55 P. M. Next Council Meeting July 20, 1970.
APPROVED DEPARTMENTAL BUDGETS
FISCAL 1970-71
DEPARTMENT
TOTAL
Administrative
$146,617.00
Garage
60,390.00
Library
37,617.64
Maintenance
32,007.4o
Civil Defense
12,865.60
Streets
113, 944- 96
Police
240,555.00
Fire
158,o67.00
Sanitation
166,981.32
Sewerage Treatment
71,126.00
Parks
93, 746.00
Total
$1,133,917.92
Water
3365315.00
JULY 20, 1970
The mid -month meeting of Mayor and Council was held at City Hall, Smyrna. -
Georgia, Juyl 20, 1970, and called to order at 7:30 o'clock P.M. by
Mayor Harold L. Smith. All Councilman were present: L. W. Charles, City
Clerk, G. W. Carreker, City Attorney, D. Scott Jackson, N. Proctor, J. E.
David, V. M. Broyles, Leon Hood, and a representative of the Marietta
Journal and WBIE.
Invocation was by Councilman Homer Kuhl.
Under Citizen Reports Mrs. J. W. Harris, 2800 Fraser Street, appeared before
Council stating that Judge Kenneth Chalker repremanded the witnesses and
treated them indignantly in a recent hearing on a warrant taken out
by Mrs. Ernest Collin against Gerald Steed, 2?90 Fraser Street, for violatinn
of the City's dog leash law. Mr Steed, reported the dog had been given
away therefore, the judge threw the case out. Mrs. Harris stated that the
Steed's had taken out a warrant against her for letting her dog out.
Mayor Harold L. Smith said that neighborhood squabbles usually end up
tiis way and apoligized for Judge Chaalker if he was discuourteous in any
way.
A. N..Bryan, 3248 King Springs Road, complained of garbage pick up
service. Referred to Sanitation Supervisor V. M. Broyles.
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendation, the following action is recorded:
(1) Southern Bell, Service Building 681 x 401 and parking lot, Corn Road.
Approved unanimously on motion by Marston Tuck, seconded by J. C. Porter-
field.
(2) Day Care Center, Concord Road and McCauley, two story addition.
Building inspector, Leon Hood, presented a sketch of the existing dwelling
located at 1076 Concord Road, showing planned modifications to structure,
makin it suitable for use as day care center. Councilman Homer Kuhl stated
that tiais parcel of land was one of sixty-six parcels which carried certain
restrictions as per recorded minutes of March 18, 1968, page 129 at this
313.
(Continuation of July 20, 1970 fleeting)
time properties were zoned District C. These restrictions would have to be
waived if permission were given to Mr. Graham to modify and use existing
structure. Councilman Kuhl stated, however, that the structure was of
masonry construction and would be an asset to the community if modified
per sketch. Motion by Arthur Bacon, seconded by Hubert Black, that
restrictions not allowing existing structures to be used for commercial
purposes and require removal of existing structures be waived, was approved
by a 6 to 1 vote, councilman Homer Kuhl voting against.
Use permit was requested by Leon Hood for furniture storage, at the corner
of Sunset and Hamby Street. Councilman Homer Kuhl stated this request would
be classified as a land Use Permit and could be handled as such or by obtaining
the signatures of residents within a 300 foot radius of the location stating
they had no objection.
Sealed bids for tires, tubes and service were opened. The three companies
submitting bids were:
Barrow Shell
Kelly -Springfield Auto Service, Atlanta (no service quoted)
Jonquil Texaco, Smyrna (no service quoted)
The three bids were referred to C. 0. Canada and committee for study and
W
report back at next meett pg.
V Sealed bids'on sale of 1962 Pak-Mor garbage unit were opened and recorded
V
as follows:
Edward Hillhouse, Smyrna $890.00
Standard Trucking & Equipment Co., $716.00
Atlanta
J. Myers, Smyrna $101.25
It was the conscensus of Council that none of the above listed amounts would
be a fair price for the garbage unit and on motion by C. 0. Canada all
bids were rejected. The motion was seconded by Homer Kuhl and voted
unanimously.
Sealed bids for installation of 4400 underground garbage cans were opened
and read as follows:
Mike Westmoreland, of Marietta $4.00 ea. (City to pay cost of the
performance and payment bond)
Ezra Yancey, Dawson, Ala. 3.50 ea. (Contractor furnishing the
performance bond and liability
insurance.)
Referred to Arthur Bacon and committee to check out bids and report back
next meeting.
Sanitation supervisor V. M. Broyles, stated the sanitation ordinance was in
the process of being amended -to include the underground system and container
pick up service at apartments.
"Mr. Don Wells, 2250 Beech Valley Drive, appeared in Council with a request
to place a 301 x 501 pre-engineered metal building on city property at Ward
Park for the storage of approximately $1500.00 worth equipment by the Smyrna
Athletic Association. Marston Tuck motioned that the city lease the gro and
to the Smyrna Athletic Association for the above mentioned building, details
to be worked out by the Association, the parks committee and City Attorney.
The motion was seconded by J. P. Nhite, the vote was unanimous.
Mayor Harold L. Smith read copy of letter he had writtin to the Marietta
Daily Journal and delivered 7-20-70 as follows: (See attachment to minutes )
Flashing signals on Concord Road in the Brown Elementary School area were
discussed. Councilman Homer Kuhl reported he had talked with Mr. Parker of
A & P Si&nal Company, Decatur, Georgia and had been quoted a prive of
$375 to $400 each for the flashing signals. Mr. Kuhl moved that approval
be given for the installation of two flashing signals with authority to place
order for same after check out to determine preference of sidewalk or
overhead type. The motion was seconded by J. C. Porterfield and the vote
unanimous.
Councilman Homer Kuhl reported he had no additional information on Atlnata
and Love Street widening. The paving on Love Street at the Citgo Station
314
i"
{('Continuation of July 20, 1970 Meeting)
vl _
will be finished this week, weather permitting.
Public works Superintendent J. E. David reported: (1) Mr. Gene Jackson.
with Cobb County was on vacation: therefore, the drag line to be used in
Stone Creek had not been obtained; (2) estimate of cost to correct drainage
problems back of the Pizza Hut would be sumitted at next meeting; (3) bids
would be secured for opening August 3, 1970 meeting on storm sewers for
Birch Street.
Mayor Harold L. Smith stated copied of the county dog leash ordinance would
besecured and distributed to each councilman for review to determine if
a cooperative problem can be worked out between the city and county.
It was reported by Mayor Harold L. Smith that the total cost for
surveying all City property at Cooper Lake Road would be $682. Cost
of surveying the upper portion of land only was estimated at less
than $100. Referred to City Attorney and Tax Assessor to check out and
report back next Council meeting. Cost of the new garage - sanitation builmng
as quoted by contractor J. A. Bailey $11,945.00.
Mayor Harold L. Smith appointed Hubert Black, Chairman, Homer Kuhl, Marston
Tuck and the City Electrical Engineer as a committee to investigate the
possibilities of Christmas lighting and decorating and report back at
next meeting.
On motion by Marston Tuck, seconded by J. C. Porterfield, the lease
agreement between the City of Smyrna and Rosalyn Bradshaw for a period
of two years, June 1, 1970 ,to May 30, 1972, was approved by unanimous vote.
A suggested 1970 contribution of $491 to Metropolitan Atlanta Council of
local Governments from the City of Smyrna was referred to the full Council
f or consideration and recommendations at the next meeting.
Mayor Harold L. Smith reported:
(1) On july 14 he received a letter from R. S. Howard, of the State Water
Control Board in regard to upgrading the existing treatment facilities
or connect with Clbb County by 1972. Referred to committee for recommenda-
tions.
(2) He had received a letter from State Treasurer Jack D. Ray reporting all
State Grants monies would be prorated as follows: one-half year based on
1960 census and one-half year would be based on 1970rcensus.
(3) At the Georgia I,11unicial Association Convention at Jekyll Island it was
agreed to establish committees comparable to the National League of Cities
Committees; therefore, if anyone would like to serve on any of the nine
committees, he would be glad to submit their names.
(4) In discussion with Mr. Charles and Louie Watts, it was agreed to try to
revive the Cobb County Municipal Association, and a meeting had been set up
for July 22, 1970 at Smyrna City Hall.
(5) He would like for Smyrna to participate in the Georgia Certified City
program. On motion by Marston Tuck, seconded by J. P. White, it was agreed
that Smyrna participate in this program. Vote on the motion was unanimous.
Due to the first Monday in September being a holiddy, J. C. Porterfield
motioned that the first Council meeting for September 5, 1970. The vote
was six to one, J. C. Porterfield opposed.
Councilman Marston Tuck reported that he had contacted a company "Continental
Life and Casualty" that would furnish insurance coverage to the volunteer
firemen at a cost of $367.50 annual premium. Councilman Tuck stated that
the volunteer firemen had volunteer firemen had volunteered to have their
check reduced to $15.00 per month therefore paying most of the cost of
the insurance.
After further discussion, Mr. Tuck motioned that the fire committee be
authorized to purchase an insurance policy not to exceed $367.50. Motion
ae6bnded by J. P. White and voted unanimously.
On motion by J. P. White, approval was granted for the purchase of two car
radios for the police department and one radio for the fire department,
sealed bids to be opened at 8-17-70 meeting. The motion was seconded by
Marston Tuck, and approved on unanimous vote.
Upon recommendation of Chief Robert L. Drake and the Civil Service Board,
and on motion by J. P. White,Ted Kirby of the Detective Division was
promoted to the rank of Sergeant with an increase in salary of $50.00 per
month, effective August 1, 1970, Motion seconded by Hubert Black and voted
unanimously.
a.
s
• e
July 20, 1970 = s*
Mr. Carroll Dadissman 1.
�
Editor-Tbe., Marietta. Vaily lour .
w«
Anderson Street
Marietta, Georgia
Dear Carroll:
The edltwUl attack can 5myrxaa-Policse Chief Robert Drake- a' PdjC1ty
Councilman 1. P. White in the July 17, 1970, issue c�f.the,,Mar#e% r
Dairly journal Is as biased, Prejudiced, #naccaarate,a;end- u af$
ar
Bray I have ever seen in an news yper, and I think: d e b6th:;
of tfzenz, the citizens of Smyrna, and the ±imyrrta paic�:,i�ne
�
_..air ::6ppology y
•'Four first sentence in that editorial is an untruth in that yob day'
i
�a
'
J..P. White has initiated a confusing a time-consuming 1fcy f6r ;..,.
-
deaUng with the newsy media„ The procedure that'is3 Iia. e_ : iaotv,;:
is the same procedure that has been outlinediauza 19ii wea"
iR
_
Rulers and Regulations of the `Merit Ecard,were First, ddtipt« - _
-
1
merit Board regulations concerning dealing wit�yi�pa, the,probe I outlined
fit'
�
'Llas'�Q, in Rule 2I +n'.Wy+iR�- S a f e ill+ 1.ILRd�r S"�rd'.
f Only *111 impart, to representati'vesr-of the Oress, any 6*1.t1#Yded
r
such news will' in noway affect 'the'-Onds �of justice.".
T
Another inaccuracy came ' h6n you'said that White WiDte: a..
letter to Chief Drake teUtng him that all police news sbAauld be re-.
=j
r
leased to news media by Drake himself. The truth is that dn`July $,
.1970, Councilman White wrotea memorandum to Cif ke' wlWa
'
copy to the Mayor which stated,' In reference to. my ins
'
conq*zing news releases, f did not want you ' to missunder'a dk Olea`iae
k'
undorstannnd my Instructions. to mean what' is stated in Me - -Page 9,
of.our Rules -and Regulations booklet."
Owtainly our department has nearer hessitAtisd to "get. rah &4fn
Y
any case in which it was called to render service. I 'ttiat:ve hip the
a.
finest police department in Cobb County. However, the'.0 f was
completely justified in saying that he didn't want td,i vl the.de7,
partment in a controversy between the Sheriff's Dofiment end
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,f
,..
Par 4 - .. . " t - ✓ sr ! ..
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+Chtlsm`an
it w ould have been completely improperfor Officer Gillespie or t®,;
confit .�.d, ny thse -spry of the deputy or the housewife publicsl% when tit` ' 4
they l bd called onto give their, testlsr 6 i
is sn � extremely �aod chance that ey will - 9 � .
,. ;
•
in C�ui`t. • wri.
. ;
When Chief bake explained to reporter Bill Carbine . that the incident way, nod ,-
'
a S yr .P l%e ease and that no official report was' made, cif , that �ncide�it,
siaould have satisfied him.
P Wing' beam' in the news reporting -business myself some twenty yearA 0 A
or newspapers and magazines as, well as `radio televisicazt � b�lieva
F • , .._;
-reporter' ,and
M ualiiiecf to suggest that Mr.. Carbine was less than fame to� Qi�x' dspat't'inQnt
6►4. y
•'4 ��
this insintie end"thy editorial' was a�vindiotive abuse of the -?w thsL
'
r �T!.�aa♦ - � �
sf
because cif my background in the news business x have alwaysbeen oymp. betic
t s
to news. People and have an understanding of their p ro -Cn n�am
oecasslons I have called your reporters' personally and givdn'them tips on or'issY b`:;
derelop3ng in the Smyrna scree". At times I have evonxepared the atQes.:l`slf : a
f , .r. -
. editor in. Marietta - in, order to rages a .t
• aril p 'st tialiy delivered them to your
r ;
dead1 nd kJad you wanted to have been fair in the editor a►l youNwca
'"
n3eYitZciled those instances alfi'iC�l.
_ ♦s r, .5 � t r
Mess than a,month age► before a story had broken, i called; your news vffioe and y
,
R
askC-�Cd-' Xepc►t`ter..l talked with Bill Carbine and gata him a! tiprri de'n�
1r �(
`
-velopiir g a#cry an suggested who he might call to get. details. 'I r.also' nske t .ham
.• }
z:
not to se+ AMionAlize the story because of the'4iarming nature' of, lt,. �hti asked �
to' lndludd instructions' to women 'rho might be encount+er'ed by a �i+roulr��-be
.some .
rapist a•.y"�Nhen ,the story was printed it was headed °"tax N{ainiart ,on
.,
the. Ca3r.0r '11'Kill T eu: And . it was one. of the me t warming sew" tr ies
Get ; t
.1ri •t
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tied:'read in a king -time.
' g
Ca y hinC of other instances •where our people have `gone out of. theii`r3ay�to
.. _ -�
•,
\
assist Yaova�'}rtew�iys pe�ojpple in ' tting si story,; but,these were c�mpleteiy' v cked ,
-
Wi�:r sod "'edito ial
4ii §
axli i
p
There standing orders at our. Police DeOartment to 4116w news r+a'r, teta t4 view
.sane
ariri toast and make rotes from the routiriv. 'atibident i buroldry ,r and mis ilen�ua
rs s'rvvheh the.diaalosure of such information would not'be a';do,'tx ant to tZ'ie
invv itigation of The orders remain in effect, and, 4114thate'-a wsk is than:
gase.
the repo to prp ant himself in person, aid that he - n6t , betrvy any dice nfidende -
; `
or, good jaste in preparing his report:
`
a}3�c>pQ':lrp4 a i l gstre my: reply to gout edit®i ai the same OromlnenoO 114t at did
U�.
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tom(, •` 3 .r
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tY._ ..�,0'4a:wA4la Ad marEsr - , ' 'r � .- ,'' i", • -
ry�
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315
(Continuation of July 20, 1970 Meeting)
Mayor Harold L. Smith stated there would be an overall restructure of
salaries in the police and fire departments to retify some injustices
in the approved budgets adopted for the fiscal year 1970-71. Recommendations
to be made at next council meeting.
On motinn by Hubert Black, permission was granted to obtain sealed bids on
carpet for the reading room in the library and shelves for the west wall
of J. C. Porterfi6ld and voted unanimously.
It was reported by Marston Tuck that the new rescue unit for the fire
department would be deliveded in about two weeks.
The meeting adjourned at 10:30 P.M. Next meeting August 3, 1970.
ATTACHMENT TO JULY 20, 1970 MINUTES.
MARIEI'TA DAILY JOURNAL, JULY 21, 1970
r
316
(Continuation
r
of July 20, 1970, Meeting)
i Kayo . W. Charres., City. C er
ars on uc , Councilman Ward
Fire, Parks & Recreation
/'q� j_yg_ .
Arthur Bacon, Councilman Ward 3.
Sanitation
. 0. anada, ou ci man Ward
Garage, Treatmen Plants
(Lc_
u er Black., Councilman Ward
Finance & Administration
l '
i e, ounce m
Po ice, Civil Defense
Homer -Kuhl, C unci man Ward 47
Streets & Maintenance
C.,Porte r e d, Counci man and b
Water
(Continuation of February 18,`1974 meeting)
George Harden
Atlanta Journal Consultant Engineer
absent due to and Marietta ' and a representative of the �+
illness. Press. City Clerk L. W. Charles wagj
Invocation was given by Councilm
an Homer Kuhl.
Mr, Frank F3o t "
to Mayor and yCouncil maao�wrfla 'l
of American Legion Post #160
thanked Commander Boykin and thef or City Hall. lsia or Porterfield
the new flog to the city, Y orterfield k
Legion for contributing
Under Item 2
Car clash ' Citizens Reports , P"fir. John Hicks of Hicks -Anders
appear
before eta on '
dp whatever is necessar., y°r and Council requestit� service gasoline stationsttoea�t an ordinance to Permithselfouncil
Smyrna. rIr operate within the cit �n
his stations Hicks stated he was interested in y limits of
to self-service as soon as converting one ofIF
referred the matter to possible. Mayor Porterfield'L'
study and recommendations Business License committee for further ��s.
a copy of the state requirements
Larle Cochran stated r had
ordinance adopted quirements and also a co
available to the committee, he City
of Marietta which yhe would make
Of the edz'
ZONINGS : ,
Lan ;A; 5S1 A zoning hearing was held on
property ' approximately six acres property located in
Y owned by the ,Smyrna Hospital' addacent to and south of
to professional offices. , from R-1
On motion b There was -no o to C-1, restricted
y C• 0. Canada, seconded by Marston the rezoning.
was rezoned from R-1 to C_1
Vote on the motion was unanimous. to , the property
professional offices.
A zoning hearing was held on property
Road, from District y located at Mr, Arthur T. C t° C-1, restricted to 1043 Concord
the house . Bacon, petitioner for Moore and a real estate office.
the would would he completely renovated Bacon Realty
paved , brick veneered y' stated
building, and presentedra would be no Parkin , the drive-
wayBacoalso requested a r of the p ie front. s the
40 feet from the right of waariance set proposed charges. Mr.
Road. Councilman Forster Puffe met' back since the house is only
Y► due to the widening
from District "an F C_1 coned the re °f Concord
a from
variance set back ' restricted to a quest to rezone
real estate office, with
brick veneered be , and the stipulation
Canada. Gene Nix approved. The motion was secondthe edby
completely
Of -Ices and Opposed the rezoning, statingy C. o•
Kuhl stated tbhus businesses now on Concord .Road. o there were too
re-
strict* sat ince he was Councilman Homer
Placed Partially responsible for the ►,Cion F`Farch 1&, 19n68the properties when they were zoned District
however , he would have to vote against the*motion
he z`ealized the s'
with the four laningalized situation has changed
thought this 'would of Concord Road and ',particularly
was six for the motion an improvement to the property.
Street, and tie
a A zoning , Homer Kuhl Property. The vote
Concord Road hearing was held on ' Opposed.
from District =} �, Property located at 969
Mr. Fred Bostick C to C•l, restricted to a
veneer the otltskt of petitioner, stated he would law office.
brick on the. the structure but r be happy to brick
Bostick also stated and stucco on preferred to use
the rema millet l the house.
Parking would be in the rear, Iran be completely renovated Mr.
be from Evelyn Street , entrance to the , all
and would need an lit that he would care of anarkin area would
to the rezoning. variance set back. Theanyre wdrainage-problem,
from District , ,� Earle Cochran motioned the rezoning be a
C to C-1 opposition
11' front yard variance ' restricted to a law office approved
bricked completely, v ' and the stipulation the structure an
be
necessary. l o.y, and catch basin installed
by a six to one vote Canada seconded the motion which rca tried con if
• Homer Kuhl opposed.
Commercial building permits inspector, and upon his were submitted by Leon Hood
recorded: recommendations the followin ' building
(1) Arthur T. Bacon g action is
and install four foot sidewalk wi hovate ctwoefoot at 10ra Concord Road,
Permit was approved by unanimous vote an motion grass
plot. The
by E. R. Coalson
0
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