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02-03-1975 Regular MeetingFebruary 3, 1975 Ml The regular meeting of Mayor and council was held in pursuant to the Charter at city Hall, Smyrna, Georgia, on February3, 1975, and called to order at 7:30 o'clock P.M., by presiding officer Mayor John Porterfield. Al Councilmen were present. Also present were L. W. Charles, City Clerk, Willouise Spivey, Assistant City Clerk, Robert Burchfield, Administrative Assistant, Nora Proctor, Clerk, Lee Silver, Director Parks and Recreation, J. E. David, Public Works Supt., Leon,Hood, Building Inspector, George Harden, Consulant Engineer, and members of the press. Invocation was given by Councilman Homer Kuhl. There were no reports from citizens on items not listed on the Agenda. Two sealed bids on the construction of office space at the main fire station were opened, read, and are recorded as follows: Jonquil Construction Company, Smyrna, Ga. $4,080.00 Gem City Contractors, Marietta, Ga. $4,836.00 On motion by Jerry Mills the contract was awarded to the low bidder'Jonquil Construction Company in the amount of $4,080.00. Homer Kuhl seconded the motion and the vote was unanimous. Sealed bids were opened and read on 36 heavy-duty (NEMA) per specifications, and are recorded as follows; Summers Electric Company, Atlanta, Georgia General Electric Supply Co., Marietta, Georgia Battey Machinery Company, Rome, Georgia Graybar Electric Company, Atlanta, Georgia weatherproff floodlights, *Graybar's bid did not meet specifications since the price floodlight which did not have all features requested. $7,900.00 7,725.60 6,336.00 7,704.00* quoted, was for a similar On motion by Earle Cochran, seconded by E. R. Coalson, the bids were referred to the Parks and Recreation Committee with authority to act on the low bid meeting all speci- fications. Vote -on the motion was unanimous. Bids on installation of the 36 floodlights were opened, read and are recorded as follows: J. H. Bell, Mableton, Georgia $464.00 W. K. Wages, Smyrna, Georgia $1,400.00 On motion by -Foster Puffe; seconded by C. 0. Canada, the contract was awarded to J. H. Bell, in the amount of $464.00. Vote on the motion was unamious. Applications for a malt beverage and wine pouring license for Neal B. Uhlick, for the Pizza Hut of Georgia, Inc., 2542 Atlanta Road, was approved on motion by Foster Puffe, seconded by Jerry Mills. The vote was five to two, Homer Kuhl and Earle Cochran opposed. A zoning hearing was held on property located at 1239 Concord Road from F-c to L-c. Dr. Mel Weise represented the petitioners Joseph T. Camp and Mary Ellen Gillikin and answered questions by Mayor and Council in regard to the rezoning. Dr. Weise stated he wished to use part of the building for an optometrie� office and rent out one or two offices. He also stated the present building and the small building in the rear would be removed and replaced with a new brick building and there would be approximately 19 or 20 parking spaces. There was no opposition to the rezoning. The Planning and Zoning Board recommended the request be approved. On motion by C. 0. Canada, seconded by Jerry Mills, the property was rezoned from F-C to L-C. 'The vote was unanimous. Commercial building permits were submitted by building inspector Leon Hood and upon his recommendations the following action is recorded: (1) Bill's Tire Service 3277 Atlanta Street, requested approval to add a 50 X 72 foot addition to their present structure. Mr Hood stated the plans met all building and fire codes. The permit was approved on motion by Jerry Mills, seconded by Foster Puffe. Vote on the motion was unanimous. (2) Mr. William Brown appeared before Mayor and Council regarding the feasibility of brick veneering the structure at 960 Powder Springs Street for a Day Care Center. At the present time the center is being operated under a "use Permit". Mr. Brown was informed that if a building permit was to be considered -he would need commercial zoning and since the property is not adjacent to commercial zoning it would probably not be feasible until properties in the area were zoned commercial. Building inspector Leon Hood reported he had contacted Mr. Phillips of Northwest Exterminators, 2820 Cobb Lane, regarding erection of a fence at the rear of the property. Mr. Hood further reported he understood that Mr. Phillips had requested (Continuation of February 3, 1975 Minutes) 299 the planning and Zoning Board to rezone the property General Commercial. It was the opinion of the Planning and Zoning Board this was not necessary since the only problem involved was parking of trucks at the establishment. Councilman Earle Cochran and C. 0. Canada stated they had talked with residents in the area and they seemed to be happy since a fence is being erected. City Attorney Berl T. Tate was requested to give a ruling at the next meeting as to enforcement -of restrictions placed on propertie prior to adoption of the new zoning ordinance. Mayor Porterfield reported he had discussed the "rat problem" in the Highlands sub- division area with Dr. Marjorie Lynotte of the Cobb County Health Department and a person from the department was sent to the area Monday to look over the situation and make recommendations. The sanitarian toured the area with Marston Tuck and promised to return when it was not raining to look at the area more closely. At present, the continued use of rat posion was recommended, also the inspection of all water catch basins. It was reported that sidewalks on Concord Road had been completed, painting of cross walks was in,,progress, and residents had been notified of the change in house numbers. Lee Silver reported that work at King Spring Park was progressing well; however, he had not heard from the Atlanta Regional commission on their study on funding for the second phase of the park. Councilman Homer Kuhl reported the Cobb County Tax Study Committee meeting set up for January 28, 1975 had been rescheduled to February 5, 1975 at the Marietta Country Club, at which time, the Cobb Municipal Association members and members of the Legislature would be in attendance for the dinner meeting. The Mayor and all Councilmen stated they would attend. Bob Burchfield reported that at the January 27, 1975 meeting of C-Mar Credit Union, Peggy Alford was appointed to the supervisory board, Judy Marler was appointed to the loan committee, and he was appointed as a director, representing the City of Smyrna. He also reported that Smyrna has a membership at present time of 52 and that the interest was increa6ed for the first quarter from 5.5% to 6.5%. On motion by Forster Puffe, seconded by C. 0. Canada, the minutes of January 6, 1975 were approved as prepared and submitted. Vote on the motion was unanimous. On motion by Jerry Mills, seconded by Forster Puffe, the minutes of January 20, 1975 were approved as prepared and submitted. Vote on the motion was unanimous. On motion by -Earle Cochran, seconded by C. 0. Canada, the minutes of the Special Meeting called January 25, 1975 were approved as submitted. Vote on the motion was unanimous. The minutes of the Special Meeting held November 21, 1974, were not available. Copy of a letter from George W. Reece, 104 Floyd Street, requesting a hearing on appeal from Recorder's Court decision, was given to each Councilman. On motion by C. 0. Canad- seconded by Jerry Mills, the hearing date was set for February 17, 1975. The vote was unanimous. Mayor Porterfield requested Forster Puffe to approach all Smyrna Civic Clubs on planning for the upcoming Bicentennial celebration, working through the Civic Center committee, to get representatives from the various clubs, set up meetings, andget the program underway. Mayor John Porterfield recommended that Finance Committee members, Homer Kuhl, Forster Puffe and Earle Cochran be authorized to attend the National League of Cities meeting to be held in Washington March 2, 3, and 4, 1975, stating that he thought it most import ant these members attend since the main topics would be the Fair.Labor Standards Act and Revenue Sharing. Forster Puffe motioned that the March Council Meetings be changed from March 3rd to March 10th and from March 17th to March 24th. .Earle Cochran seconded the motion which carried by unanimous vote. C. 0. Canada motioned the finance committee members attend the meeting in Washington with Mayor Porterfield. Jerry Mills seconded the motion. It was also recommended that those attending the Washington meeting would not attend the GMA Convention in Savannah except at their own expense. Marston Tuck motioned that any Councilman be y authorized to attend the Washington meeting in lieu of the Savannah meeting. The ' motion died for a lack of a second. Forster Puffe and Earle Cochran stated they would not attend the Savannah meeting. Homer Kuhl stated he planned to attend but at his owi,, expense. The vote to authorize the finance committee to attend the Washington meeting was six to one, Marston Tuck opposed. City Clerk L. W. Charles was asked to make adjustments on reservations. (Continuation of February 3rd Minutes) 300 I Discussion on :homestead exemption was deferred to the next meeting. An amendment to the Traffic Code of the City of Smyrna was submitted and Earle Cochran motioned the amendment be adopted. Forster Puffe seconded the motion. Marston Tuck moved the motion be amended to strike "private" and substitute school or commercial, also strike the words "airport runways" C. 0. Canada seconded the motion. The motion lost on a three to four vote. Voting for the motion, C. 0. Canada, Jerry Mills and Marston Tuck. Voting against the motion Earle Cochran, Forster Puffe, Homer Kuhl and E. R. Coalson. Vote on the main motion was five to two. For the motion, Earle Cochran, C. 0. Canada, Forster Puffe, Homer Kuhl and E.R. Coalson. Voting against the motion, Marston Tuck and Jerry Mills. J Forster Puffe motioned that residents be required to sign an affidavit that they have, indeed, paid their water bills when the men go out to turn off for nonpayment and the residents state they have mailed in a check or have paid. C. 0. Canada motioned the discussion be tabled. Jerry Mills seconded the motion. The vote was five for the notion, Earle . Cochran abstained, and Forster Puffe voted against the motion to table. Approval was granted, on motion by Marston Tuck, seconded by Jerry Mills, to take bids to be opened at the next meeting on a walkie talkie for Civil Defense. The motion carried by unanimous vote. Marston Tuck motioned that the building inspector be authorized to condemn the house located at 2422 Ventura Place. This was referred to Leon Hood to make an inspection, along with fire department personnel, and make a report at the next meeting. Marston Tuck also requested the building inspector to have a report on the house located at 1566 Spring Street at the next meeting. Marston Tuck reported that with approval of Mayor and Council at the last meeting he had been able to have labels printed with City Hall, Police and Fire telephones numbers, and mailed to all residents in the City, at a cost of less than $40.00. Councilman Tuck also stated that a meeting would be held with all residents on Strathmoor Road on February 10, 1975, at 7:30 o'clock P. M. Marston Tuck motioned that the City of Smyrna go into the dog catching business and that the finance committee determine the cost and have a report at.the next meeting. Jerry Mills seconded the motion. The motion lost on a two to five vote. Marston Tuck -and Jerry 'Mills voting in favor, the other five councilmen voted against the motion. Mayor Porterfield stated he would check into cost of getting the job done. Marston Tuck asked for an interpertation as to whether a person keeping 20 dogs on -his premises was in violation of.the city ordinance. The city Attorney stated this would not be a violation unless proof could be submitted the dogs were being raised for sale. Homer Kuhl reported that a meeting would be held at 7:00 o;clock P. M., February 4, 1975 with ARC personnel to review the work done up to the present time, and he would like to .nave the finance committee, as well as, all Councilmen attend the meeting. Homer Kuhl called a meeting of the finance committee for Thursday, February 6, 1975 at 6:00 P. M.. A sketch was submitted of a proposed building for King.Spring Park. C. 0. Canada stated the Parks and Recreation Committee had reviewed the plans and were favorable. Mr. Canada motioned we build the structure based on the initial design submitted. Jerry Mills seconded the motion which carried by unanimous vote. The building would house a..room for storing athletic equipment, bathroom, a -press box., and a recreational area for a variety of activities. Lee Silver reported the resignation of Maureen Schultz and requested Council approval on a recreation supervisor at $700 to $750 per month as he could no longer depend on part time help.- C. 0. Canada motioned the recreation supervisor be approved to take the place of,Maureen Schultz, effective the last of February or first of March. E. R. Coalson seconded the motion and the vote was unanimous. (Continuation of _February 3rd Minutes) 301 Jerry Mills stated he had contacted Joe McHarg in regard to repairs at the Spring Street Fire Department building and Mr. McHarg agreed to discuss the matter with Don Wells and give Council a written guarantee that all necessary repairs would be made on the outside and the guarantee would be for a full year. A meeting was called for Saturday morning at 9:30 A. M. for Fire Committee members. - Jerry Mills commenting on the architectural costs of Mayes, Sudderth and Etheredge on King Spring Park, recommended Council secure bids from other consultant firms. This was referred to the finance committee to make contacts with other firms. (Earle Cochran motioned that a technical rank be created in the police department to be titled Sgt. of Communications - the salary to go with the rank, but to be kept within the communications department. Homer Kuhl seconded the motion and the vote was unanimous. Ui Mr. Cochran stated that $8,100 was set up in the budget for the remodeling of the downstairs of the police station for the detectives office and recommended that the remodeling be done on the same basis as was done by Leon Hood on the City Hall addition, cost plus 15%. C. 0. Canada made a motion that bids be let on a cost plus basis. Jerry Mills seconded the motion which carried by unanimous vote. Lt. C. J. Sanford of the Fire Prevention Bureau reminded Mayor and Council that the plans for the remodeling would have to be submitted to the State Fire Marshall'! office for approval. Earle Cochran read a letter from the Deerwood Garden Club requesting permission to improve and maintain the entrance of Deerwood subdivision, and motioned the request be granted. Jerry Mills seconded the motion which carried by unanimous vote. The meeting adjourned at 10:39 P. M.. February 17, 1975 The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, February 17, 1975, and called to order at 7:30 o'clock P. M. by presiding officer Mayor John C. Porterfield. All Councilmen were present. Also present were L. W. Charles, City Clerk; Willouise C. Spivey, Asst. City Clerk; Nora Proctor, Clerk; James E. David, Supt. Public Works; Leroy Silver, Director of Parks and Recreation' Leon Hood, Building Inspector; Joe Briggs, Consultant Engineer; and representatives of the press. Invocation was given by Councilman Homer Kuhl. Sealed bids on a portable two-way radio for the Civil D.efense Department were opened read and are recorded as follows: General Electric, Atlanta Ga. Miller Communications, Inc., Smyrna, Ga Less trade in Plus Transportation Motorola Communications Forest Park, Georgia Radio only Accessories Options $1,384.44 1,723.00 292.91 5.00 & Electronics, Inc. All bids were referred to the Civil Defense Committee to make recommendations at the next meeting. 566.10 33.30 198.80 for review and A scheduled hearing on a appeal from Recorder's Court decision requested by George W. Reece, was the next item brought before Mayor and Council. Mr. Reece objected to the charge of "laying drags" and also to the amount of his fine. Attorney Berl T. Tate ruled that since Mr. Reece pleaded guilty to the charge, Council could take no action. Officer William LeCroy explained the difference in "laying drags" and "spinning tires"