02-02-1976 Regular Meeting (2)373
February 2, 1976
The regular meeting of Mayor and Council was held -pursuant to the Charter at
City Hall, Smyrna, Georgia, February 2, 1976, and called to order at 7:30 o'clock
P.M. by presiding officer Mayor Arthur T. Bacon. All Councilmen were present.
Also present were Willouise Spivey, City Clerk, Charles E. Camp, City Attorney,
Bob Birchfield, Administrative Assistant, Lee Silver, Parks & Recreation Director,
Gene Hoaster, Building Inspector, Hubert Cochran, Acting Assistant Fire Chief,
James E. David, Supt. of Public Works and representatives of the press.
Invocation was given by Homer Kuhl, followed by the Pledge to the Flag.
Lewis Reagin, President of the Smyrna Lions Club, requested permission of Mayor
and Council to erect three flag poles in Centennial Park, as a lasting memorial
from that Club, in honor of the Bicentennial. He also stated there would be a
ceremony at 2:00 P.M., at the park, on Saturday, February 28, 1976, to make
the presentation to the City, and asked Mayor and Council to attend. He asked
that Bank Street, from King Street to Atlanta Road, be blocked off if possible.
A motion was made by Elbert Coalson, seconded by Jerry Mills, the request be
granted. Vote on the motion was unanimous. Mayor Bacon said he would notify
the police department.
Lewis Reagin stated that on April 10, 1976, all Lions.Clubs in Georgia would
hold their "Lighthouse for the Blind" Canvass. He asked Mayor Bacon to declare
this day as "Sight Conservation Day" in Smyrna.
An application was submitted for a manager change, malt beverage and wine package,
at the Winn Dixie Store, 3248 South Cobb Drive. C. 0. Canada made a motion to
approve the application of Billy Carl Wester as the new manager. Bill Darby
seconded the motion and the vote was six to one. Homer Kuhl opposed.
An application was submitted for a liquor pouring license for M. J. Bertolami,
Stefano's, 752 Jones Shaw Road. Bill Darby read a letter from Det. Lt. David
Farmer stating Section 12 of the application was answered falsely. According
to the application Michael Joseph Bertolami and Roxana Bertolami were sole owners;
however, according to State records, Charles R. Garbett is Vice President and
Blanch M. Garbett is second Vice President. Councilman Darby stated a later check
found the State records were not current, and that Michael J. and Roxana
Bertolami are the sole owners. Mr. Bertolami stated he was aware the seating
area was too small, but he presented plans for an addition to the building,
including a banquet room, which would make the seating area more than adequate.
He said construction on the building addition would begin as soon as he was
sure he could get the liquor pouring license, and it could be completed around
the first of April. Bill Darby made a motion the liquor pouring license be
approved, subject to the completion and final inspection of the building. Jerry
Mills seconded the motion and the vote was six to one. Homer Kuhl opposed.
Action on the request for a residential business license for photography in the
home of Glenn Williams was deferred. (Apt. 302, Heritage Trace Apartments)
Commercial building permits were submitted by Building Inspector Gene Hoaster
and upon his recommendations the following action is recorded:
(1) Angie Hudgins requested a variance for her property at 1265 Sunset Avenue
for an antique and gift shop. The property is presently zoned limited commercial.
Jerry Mills made a motion the variance be granted, with the stipulation there
would be no outside displays and business was limited to an antique shop. Bill
Darby seconded the motion and the vote was unanimous.
(2) Ron Burkhart requested a permit to operate a self service gas station at
the Golden Gallon, 2254 Atlanta Road: Mr. Hoaster stated the plans had been
approved by the Fire Marshall's office and he recommended it be approved. A
motion was made by Jerry Mills, seconded by Homer Kuhl, to approve the permit.
Vote on the motion was unanimous.
(3) J. A.•.Bailey requested a permit to build a doctors office building at
1239 Concord Road. C. 0. Canada made a motion the permit be granted, subject
to approval of the building inspector and the fire marshall. Vote on the motion
was unanimous.
Referring to recommendations made at the June 5, 1972 meeting, in regard to the
Planning and Zoning Commission , Homer Kuhl requested the following changes:
(Continuation of February 2, 1976 meeting)
That (1) the commission consist of five members, be changed to the commission
will consist of seven members. On motion by Homer Kuhl, seconded by C. 0.
Canada, the motion carried by unanimous vote.
(2) that each councilman submit two names to the committee, be changed to read,
each councilman submit one name to the committee. On motion by Homer Kuhl,
seconded by Jerry Mills, the motion carried by unanimous vote.
(3) the committee will then select five persons to serve staggered terms, be
changed to the committee will then select seven persons to serve staggered
terms. On motion by Homer Kuhl, seconded by Bill Darby, the motion carried by
unanimous vote.
Rem Bennett'made a'motion Roy A. Free be appointed to the Civil Service Board.
Homer Kuhl seconded the motion and the vote was unanimous.
Five councilmen, who did not have a member from their ward serving on the Planning
and Zoning Commission submitted a name, and on motion by Homer Kuhl, seconded
by Jerry Mills, the following persons were appointed:
Ward 1 - Mrs. Elizabeth (Sam) Owens
16 Ward 2 - Tom Corso
Ward 3 - Charlie Floyd
Ward 4 - Jack Strickland
Ward 5 - Allen Potter
Vote on the motion was unanimous.
Jerry Mills stated that Alvin Beaty, Purchasing Agent, had asked for bids from
three companies on repairs to Fire Station No. 2. Only one bid was'received.
We have had no response from the letter to Contractor Don Wells. All material
is being turned over to the City Attorney for checkout and report.
Progress on Fire Station No. 3 is good. Some delay was caused when the motors
for the doors were shipped to the wrong place, but they have been located and
should be delivered this week. He stated dedication would be after the firemen
were in and the station in operation. He also gave a report of the fire
department operations for last year.
It was reported that Cobb County was working on the warning signals at the
intersection of Concord Road and Havilon Way.
James E. David reported he had written Ernest Barrett requesting assistance
with Jonquil Drive Extension but to date had no reply. He is to meet with
Gene Jackson from Cobb County Road Department tomorrow.
Mr. David also reported that Crabbe Paving Company is ready to start resurfacing
the 3.67 miles of streets as soon as the weather permits.
On motion by Jerry Mills, seconded by Homer Kuhl, minutes of January 5, 1976
were approved as submitted. Vote on the motion was unanimous.
On motion by Jerry Mills, seconded by Jim Tolleson, the minutes of January 19,
1976 were approved as submitted. Vote on the motion was unanimous.
Elbert Coalson made a motion Mayor Bacon and Mayor Pro Tem Homer Kuhl attend
the Congressional City Conference in Washington, D. C., March 14-16, 1976.
Jerry Mills seconded the motion and the vote was five -one -one.- Jim Tolleson
voted against the motion and Homer Kuhl abstained.
Homer Kuhl made a motion the second regular council meeting in March be changed
from March 15th to March 22nd, due to the absence of both the Mayor and Mayor
Pro Tem. Jerry Mills seconded the motion and the vote was unanimous.
Mayor Bacon reported we had been notified of overflowing• -sewerage lines in
Hickory Acres. The letter was forwarded to Bob Sutton and he stated the problem
would be taken care of before the deadline date of February 15, 1976.
Jim,Tolleson stated there would be some changes in handling delinquent water
bills.
375
(Continuation of February 2, 1976 meeting)
Lee Silver stated the Jonquil City Lions Club requested permission to erect
thirteen (13) flag poles in a semi -circle around the Centennial Park monument.
C. 0.•Canada made a motion we accept these poles from the Jonquil Lions Club.
Homer Kuhl seconded the motion and the vote was unanimous.
Lee Silver requested approval of the King Springs Park Logo, also to paint the
logo on the King Springs Park building. The work will be done by the Parks and
Recreation staff. Homer Kuhl made a motion the logo be approved and painted
on the building. C. 0. Canada seconded the motion and the vote was unanimous.
The Parks and Recreation Commission recommended we proceed with the B. 0. R.
Grants for the pool paving and tennis courts, matching funds.
Lee Silver requested emergency funds for repairs of Jonquil and Church Street
pools, as they cannot open this year in their present condition. To bring the
pools up to the required state standards the total repairs will cost around
$17,000.00. Bids on equipment were sent to three companies. Atlas Engineering
Service was low bidder. C. 0. Canada made a motion we waive the bid procedure
on equipment amounting to $2,123.45, which is needed immediately, and award'
to Atlas Engineering Service. The parks and recreation department will do the
work. Homer Kuhl seconded the motion and the vote was unanimous. Mr. Kuhl
stated these repairs would be paid from Revenue Sharing Funds, to be charged
against the $10,000 set up for park improvements.
Lee Silver asked that change orders for the King Springs Park be approved.
After discussion, Homer Kuhl made a motion the change orders from Jonquil
Construction Company, in the amount of $7,206.50 for King Springs Park, be
approved for payment. C. 0. Canada seconded the motion and the vote was
unanimous.
Elbert Coalson read a report of the number of accidents, per police records,
that had occurred on Cherokee Road at or near the post office, on Ward Street,
Cherokee Trail and Beaver Creek Road. Mr. Coalson stated this is one of the
most dangerous spots in Smyrna, accident wise, and some action must be taken.
After discussion it was recommended the Mayor contact Congressman Larry McDonald
and set up a meeting to discuss the possibility of outgoing traffic being
routed to the back of the post office, to exit on Ward Street. Mayor Bacon
stated he would also talk with Postmaster C. A. Atkins.
Meeting adjourned at 8:40 P.M.
February 16, 1976
The regularly scheduled mid -month meeting of Mayor and Council was held at
City Hall, Smyrna, Georgia on February 16, 1976 and called to order at 7:30 P.M.
_ by presiding officer Mayor Arthur T. Bacon. All council members were present.
Also present were Willouise Spivey, City Clerk, Charles E. Camp, City Attorney,
Bob Birchfield, Administrative Assistant, Lee Silver, Parks and Recreation
Director, J. E. David, Supt. of Public Works, Don Atkinson, Acting Fire Chief,
Gene Hoaster, Building Inspector and representatives of the press.
Invocation was given by Homer Kuhl, followed by the pledge to the Flag.
Mayor Bacon reported the results of the investigation into the operations of
the Smyrna Police Department, by the Cobb County Internal Affairs Committee, had
been received. Mr. R. E. Shaddix of Manson Avenue requested and received
permission to speak. Mr. Shaddix said he had learned that Chief Robert L. Drake
had already resigned and he did not think he should be allowed to resign and
draw his retirement. Homer Kuhl explained that any employee was due his retire-
ment if he was fifty-five (55) years of age and had been with the City ten
consecutive years, whether he retired, resigned or was dismissed. As stated
in the retirement contract, an early retirement (before age 65) pays much less
than a full retirement; nevertheless, an early retiree is eligible for benefits
due him for years, of service. Marston Tuck also objected to the resignation
and retirement benefits.