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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.