03-01-1976 Regular Meeting379
March 1, 1976
The regular meeting of Mayor and Council was held pursuant to the Charter at City
Hall, Smyrna, Georgia, March 1,.. 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 and Recreation Director,
Gene Hoaster, Building Inspector, Don Atkinson, Acting Fire Chief, Vic Broyles,
Ass't. Public Works Superintendent and representatives of the press.
Invocation was given by Rev. Cecil Dutton of the Second Baptist Church of Smyrna,
followed by the Pledge to the Flag.
Mayor Bacon asked the City Attorney, Charles E. Camp, to give a brief summary of
what has happened the last few days concerning the Civil Service hearings. Mr.
Camp stated the report of the Internal Affairs Investigating Committee was in one
instance requested to be made available for the Civil Service Board, and in
another instance a notice to produce was filed to the Civil Service Board to
present or to obtain that report, which is still in the hands of the Mayor and
Council. Part of the report, at least in my opinion, is heresay and is not
admissable as evidence in court. We reached a situation as to a point where I
was to advise the Civil Service Board as to the admissability or non-admissability
of any evidence which was in fact an impasse, and rather than have it riding alone
on my opinion we felt it was the fairest thing to all parties concerned, the Board
and the parties appealing, that the Judge of the Superior Court make a ruling
and direct us as to what exactly we can use and what exactly we cannot use in
that report as,evidence which would be admissable before the Civil Service Board
in the appeals.
Mrs. Betsy Hosea, representing the Smyrna Federated Woman's Club, gave a report
of an opinion survey for outdoor warning system, taken by their Club. The report
showed that 92% of the people surveyed were in favor of the outdoor warning
system. With the tornado season approaching, Mrs. Hosea urged Mayor and Council
to take advantage of the Federal Grant Matching Funds to purchase more sirens.
She also thanked the Civil Defense Department for their help, effort and time.
Mayor Bacon advised Mrs. Hosea that bids were.,being opened tonight for two sirens
for the Civil Defense Department, bought with matching funds. He thanked Mrs.
Hosea and the Club for their work and effort on this important project.
Mr. Robert J. Lewis, President of Jones Intercable, Inc., presented a plan and
progress report on the improvements being made, and those to be made within ninety
(90) days, in the Smyrna Cable Television System, which they purchased on January
28, 1976. The report is to become a part of these minutes.
Commercial building permits were submitted by,Building Inspector Gene Hoaster and
upon his recommendations the following action is,recorded:
(1) Charles Fouts, owner of Texaco Service Station at 2899 Atlanta Road,
requested a permit to rewire his station for self-service. Elbert Coalson made a
motion the permit be granted, with the approval of the Fire Marshall's office and
the electrical inspector. C. 0. Canada seconded the motion and the vote was
unanimous.
(2) Micasa Beauty Salon, 3224 South Cobb Drive, requested a permit to expand their
facilities. The plans had been approved by the Fire Marshall. Jerry Mills made
a motion the permit be issued. Bill Darby seconded the motion and the vote was
unanimous.
Ms. Katherine Logan, 4122 Fawn Lane, requested a side yard variance, in order to
build a two -car garage. She had secured a letter from her adjacent neighbor,
James A. Waid, stating he had no objections to her building a garage along a line
five feet from the common property line. The City Attorney questioned the fact
the variance had not been advertised. Action on this request was deferred to
the next council meeting.
Gene Hoaster, Building Inspector,'.+mr.de a recommendation we adopt the latest
Southern Building Code. He stated we were now operating under the 1969 Southern
Building Code. Homer Kuhl made a motion the City operate under the latest Southern
Building Code. Jerry Mills seconded the motion and the vote was unanimous.
Harvey L. Nix requested that 7.55 acres of vacant land, located in LL 379, off
South Cobb Drive, be rezoned from R-15 to O.D., to be used for mini warehouses.
Jerry Mills advised that part of this property was in the flood plain, and made
(Continuation of March 1, 1976 Meeting)
a motion the property be rezoned, with the stipulation the building permit not be
issued until the builder had a topo of the sight, along with an engineers
statement the buildings would not be located in a flood plain. Clarence Canada
seconded the motion and the vote was unanimous.
The rezoning request by H. G. Howton to rezone 601 Cherokee Road from L.C. to
G.C. was deferred to the next meeting, due to Mr. Howton's absence.
A meeting was called for Wednesday evening at 6:30 o'clock, City Hall, for the
committee to meet with Mr. Glen C. Williams on a residential business license
for the purpose of using his apartment as a mailing address for his photography
business.
Bids on the two (2) warning system sirens for the Civil Defense were opened,
read and recorded as follows:
Sirens
Starters
Relay
Jack Cocke & Co.
$2,350.00
$283.80
$ 87.00
Major Sales & Service, Inc.
2,350.00
284.00
87.00
Harold's Sales & Service Co., Inc.
2,550.00
320.00
/� 93.50
l Federal Sign & Signal Corp.
2,849.50
344.00
105.50
Bids for the installation of the two sirens are recorded as follows:
Alex G. Newsome $2,550.00
Meehan Elec. Company 2,605.00 (Concrete poles in lieu of wood-$4,217.00)
C. 0. Canada made a motion the bids be turned over to the committee for check
against the specifications, with authority to act on the low bid.
A motion was made by Councilman Rem Bennett that a three-way stop sign be
erected at Old Spring Road and San Fernando Drive. The motion was seconded by
Elbert Coalson. During discussion Mr. Coalson stated that he had met, along
with a group of women from his Ward, with the Police Department about these
signs. Mr. Coalson stated that since traffic was so heavy on Cherokee Road
that a lot of the traffic was going Old Spring Road, and at a very high rate
of speed. The street is narrow and children are playing in the area. They
were afraid someone would be killed if the traffic was not slowed in some way,
and thought a three-way stop would help. The vote on the motion was unanimous.
Rem Bennett reported the improvements on Brenda Drive in Ward I have been
completed at a cost of $2,215.90.
McDougal -Warren had completed the repaving of all but five of the sixteen
streets approved, and these should be completed next week.
Mr. Bennett asked that action be taken tonight on replacing the traffic light
that was knocked down at Spring Road and Campbell Road. He also stated that the
person who hit the pole had had his insurance cancelled before the wreck`and it
looked doubtful that we could collect for damages. We had a bid from A & P
Signal Company in the amount of $4,000.00. If we get other bids we will have to
go out of state and this would cause more delay. The control box is obsolete
and they cannot get parts to repair,it. Vic Broyles said we could borrow a
stop and go light from the county until the traffic light was installed. Rem
Bennett made a motion to approve installation of the traffic light in the amount
of $4,000.006 Elbert Coalson seconded the motion and vote on the motion was
unanimous.
Jerry Mills stated Fire Station #3 was 99.9% complete and dedication had been
set for 10:00 A.M., April 3, 1976 (Saturday).
Bids on repairs of Fire Station #2 were opened, read and recorded as follows:
Traton Corp. $12,743.00
J. Franklin Lee 8,656.00
Duke, Causey and Kemp 12,500.00
All bidders were bidding on the same list of repairs. Jerry Mills made a
motion the bids be referred to committee for a report at the next meeting.
Homer Kuhl seconded the motion and the vote was unanimous.
880 Continental Wink Bi6lding
Englewood, Colorado 80110 .
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3031 i61-2184
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March °l, 1976
;Mayor Arthur Bacon, and
Members of the City Council
City of Smyrna V
Smyrna, Georgia 30080 1 a
Gentlemen:
This letter and my appearance here tonight is in response to
your request for a plan and progress report on the improvements
we intend to make in the Smyrna Cable Television System, which,
we purchased on January 28, 1976.•
One of the first things we did was -to place a man in charge of
our renovating activities here in Smyrna. D6yle Graves, with
20 years experience in all phases of CATV, has been here on
the job since Febuary 4'. 1976. He has the authority to get the
job done and he reports directly to me.
Listed below are the major items which have been completed, or
are,in the process of being completed. Also, we have listed
those items which we expect to complete within the next 30`to , -41
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90 days.
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PLANS AND PROGRESS kEPORT
1. In process of signing a lease on new office space. (Grant
City Shopping Center.)
2, Cleaned and painted 200 ft. tower, and `control building at
our: receiving site.
3. Ordered cable to replace existing cable from antennas at
: top of tower, to signal processers in control building.'
4. Issued purchase order to local engineering firm, "Vahtur
Electronics," to install the tower cables and replace any
or all antennas if needed.
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" 880 Continental Bank Building
Englev ood, Colorado 80110
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Page two March 1, 1976
5. Ordered four solid state signal processers to replace tube'
type equipment presently used at our control center. This
will give us transisterized equipment on all television
signals carried on the cable system.
6. Purchased an additional twenty five "Automatic Gain Control"
amplifiers. This will'give us automatic control'of the
signals throughout the system, and a more constant and re-
liable signal at our subscriber's television set. About
half of these have already been put into service.
7. Ordered several thousand feet of both main line and distri-
bution cable to replace any cable that is found not to be
working properly as we checkout and upgrade the system.
8. Also, we have ordered directional couplers, splitters,
directional taps and connectors to replace any equipment
that is not performing to our standards.
9. Installing new grounding system at each amplifier station to
y help reduce equipment damage and system outages due to light-
ning storms and power surges.
10. Purchased some new test equipment, also placing order this
week for new truck with becket lift, to speed up our program
of updating the system and give us additional maintenance
support.
11. Hired an additional experienced technician.
12. Ordered new TV camera and humidity guage for local weather
channel.
13. Have taken over the operation of the movie channel as of
March 1 and improvements will be made in this phase of our
operation.
14. We have instituted our company's standard operating procedures
especially in the area of customer service and relations.
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Page three March 1, 1976
;x
OBJECTIVES TO BE COMPLETED IN THE WiXT 30 TO 90 DAYS
1. Move into new office quarters.
2. Replace all cables on tower.
3. Check antennas, replace if needed.
4. Replace all tube type equipment, at control tower, with
solid state gear.
m 5. Complete installation of new Automatic Gain Control Amplifiers.
6. Completely rewire control center equipment with 10090 shielded cable.
7. Check all main line trunk cable. Replace where needed.
8. Replace all areas where RG-59 cable has been substituted for
feeder cable, with .412,cable.
9. Start plant clean-up operation.
a. Relash cable where lashing wire has broken.
b. Transfer TV cable to new poles where pole changeouts
have been made.
c. Install proper hardware in poles where J hooks are being
used.
d. Continue amplifier grounding program.
e. Install pedestals in underground plant where cable and
equipment are exposed.
10. Start a promotional and marketing program.
11. Start a complete audit of the system for determining illegal
subscribers.
I am sure that as we accomplish the above items we will discover
other things that should be done: These will be accomplished as
we go. Our objective is to serve our subscribers, and hopefully
many new subscribers, with excellent cable television and movie
+channel service.
We will be happy to keep you advised of our progress in the future
and please do not hesitate, to let us know if you need additional
information.
Yours very truly,
JONES INTERCABLE, INC.
Robert J.`Lewis,
President
RJL;la
i
POST OFFICE BOX 1226
SMYRNA, GEORGIA 30080
March 1, 1976
MAYOR Mayor
ARTHUR T. BACON City Councilmen
City of Smyrna
Smyrna, Georgia, 30080
Honorable Mayor and Council
THE JONC
rwwww�r�
TELEPHONE
The Civil Service Board of the City of Smyrna
CITY COUNCIL has convened as prescribed in Section 77, Paragraph
(9) (a), of Civil Service Law, for the purpose of
submission to Council, the names of three persons
WARDI for consideration to fill the vacancy of Chief of
JAMES E. TOLLESON
the Fire Department.
WARD 2
WM. F. (BILL) DARBY
Pursuant to that duty, we present the following
WARDS ERRY MILLS names in the order selected in this matter:
'h Don Atkinson
WARD A
`OMER KUHL Hubert Cochran
Dennie Stone
WARD 5
C. O. CANADA
WARD 6 Respectfully,
ELBERT COALSON /)
WARD 7 I�
REM B. BENNETT, JR,
Frank B. Johns
CITY CLERK
WILLOUISE C. SPIVEY
CITY CLERK EMERITUS Winston C. Burger
L. W. CHARLES
CITY ATTORNEY
CHARLES E. CAMP
WOV L. Free
FBJ:bp
ki4r,
August 31, 1982
T. Kenneth Minchew Jr.
Mayor Arthur T. Bacon
& City Council Members
City Hall of Smyrna
P.O. Box 1226
Smyrna, Ga. 30081
Gentlemen:
This letter is a respectful request for a variance on the front
building set -back line regarding Lot #6O in Afton Downs.
By error, we exceeded the building line by approximately one foot.
We would like to request a variance to allow this encroachment.
We appreciate your assistance in this matter and would like to
thank you in advance.
c7&>
y you
T. dtear&th Mi
TKM/kdh
1475 Citadel Circle 0 Marietta, Georgia 30061 0 404/433-2042 0 404;'973-0796
381
(Continuation of March 1, 1976 Meeting)
Frank Johnson, Chairman of the Civil Service Board, read a letter addressed to
Mayor and Council stating: The Civil Service Board of the City of Smyrna has
convened as prescribed in Section 77, Paragraph (9) (a), of Civil Service Law
for the purpose of submission to Council, the names of three persons for con-
sideration to fill the vacancy of Chief of Fire Department. Pursuant to that
duty, we present the following names in the order selected in this matter:
Don Atkinson, Hubert Cochran, Dennie Stone. The letter was signed by Frank
B. Johnson, Winston C.-Burger and Roy L. Free. The original letter is to become
a part of these minutes. Jerry Mills made a motion these recommendations be
turned over to Council and a Fire Chief appointment be made at the next meeting.
Homer Kuhl recommended the fire committee meet on this matter first. Jerry
Mills called a meeting of the fire committee for 6:00 P.M..Wednesday, and stated
they would meet with full Council Saturday morning at 10:00 A.M. Bill Darby
seconded the motion and the vote was unanimous.
C. 0. Canada made a motion the minutes of February 2, 1976 be approved as pre-
pared and submitted. Homer Kuhl seconded the motion and the vote was unanimous.
C. 0. Canada made a motion the minutes of February 16, 1976 be approved as
prepared and submitted. Jim Tolleson seconded the motion and the vote was unanimous.
Jim Tolleson stated the papers had printed an article explaining the large water
bills for last month. He also called attention to the letter under Reader
Comments in the Marietta Journal from Mrs. H. M. Jordan concerning the conduct
of some citizens at the last Council meeting, expressing his appreciation to her.
Bill Darby reported"we now had twelve applications for the Police Chief position.
He stated he had met with the police committee and policemen Saturday and
selected a P.A.C. Committee, consisting of three patrolmen and two officers.
This action committee will attempt to resolve some of the problems that exist
and eliminate future problems.
Jerry Mills stated a F.A.C. Committee had been selected in the fire department
also, consisting of two firemen and one rated officer.
Jerry Mills introduced the new Chaplain for the Fire Department, Pastor Cecil
Dutton of the Second Baptist Church in Smyrna.
Homer Kuhl reported that we were still getting numerous complaints about carport,
garage, basement and yard sales. He made a motion that an ordinance be passed
that would make it unlawful for any person or persons to have a garage, carport,
basement, rummage or yard sale without first obtaining -'a permit from the City
Clerk. The permit fee will be $2.00. Permit will be good for one or two
consecutive days of sale. Resident will be permitted to have only one sale every
twelve months. Permit must show the name, resident address and dates of sale.
Anyone found in violation of this ordinance will be subject to a fine not to
exceed $100.00. Jerry Mills seconded the motion. A lengthy discussion followed
and Bill Darby motioned to table this ordinance. C. 0. Canada seconded the
motion and the vote was four to three. Jim Tolleson, Bill Darby, Elbert Coalson
and Rem Bennett voted to table. Jerry Mills, C. 0. Canada, and Homer Kuhl
voted not to table. The motion to table carried.
Homer Kuhl reported the Franchise Tax check from the Georgia Power Company was
in the amount of $207,000.00. He made a motion, if financial conditions permitted,
to invest $150,000.00 in a Certificate of Deposit for 60 days. Jerry Mills
seconded the motion and the vote was unanimous.
C. 0. Canada read an excerpt of the December 1, 1975 minutes with reference to
storage of building materials on property of Mr. Richard Terrell, 454 Smyrna
Powder Springs Road, in violation of the zoning ordinance of the City. Mr.
Canada stated as of today nothing had been done and he made a motion that Mr.
Terrell be cited into Recorders Court in violation of the zoning and sanitation
ordinances of the City. Bill Darby seconded the motion. The floor was open for
discussion and Mr. Canada asked Vic Broyles, who had inspected the property today,
to inform Council of the condition of the property,. Mr. Broyles stated he
still thought this was a zoning matter but the lumber and yard looked the same
as the last time he was there, that some of the lumber was good and some bad.
Mr. Terrell stated that he was given, by the last administration, through the
first quarter of this year to obtain a building permit and start construction.
He stated he had built a fence and the lumber could not be seen from Smyrna
(Continuation of March 1, 1976 Meeting)
Powder Springs Road, also he had not brought any additional lumber into the yard.
Bill Darby withdrew his second to the motion to cite Mr. Terrell into court and
it died for lack of a second. Homer Kuhl made a motion that Mayor and Council
take action against Mr. Terrell if he has not purchased a building permit and
started construction by the next council meeting, March 22, 1976. Jerry Mills
seconded the motion and the vote was unanimous.
Elbert Coalson informed Council that since A & P store and Kroger store at
Belmont Hills was staying open 24 hours per day the dumpsters were getting too
full and trash was blowing over the parking lot and nearby yards. He stated
that A & P store paid $165.00 per month and Kroger paid $125.00 per month for
garbage pickup, but at that rate we were losing money. Mr. Coalson said he had
met with the committee and the recommendation was that A & P store and Kroger
Co. get an independent garbage company with packers. Mr. Coalson made a motion
that Jack Eudy approach these stores and ask them to get packers or a contract with
a garbage company to handle their garbage, under the supervision of our
sanitation department. Bill Darby seconded the motion and the.vote was unanimous.
Mr. Coalson asked Mayor Bacon if Larry McDonald had contacted him again about
the traffic problem at the post office. Mayor Bacon said he was to meet with
McDonald's aide one day this week.
Rem Bennett reported that the Smyrna Community Theatre presentations would be
March 4, 5 and 6 at Cobb Civic Center.
C. 0. Canada stated the Smyrna Lions Club should be commended for erecting the
flag poles in Centennial Park and asked Mayor Bacon to issue a commendation to
the Smyrna Lions Club for their participation in civic affairs and for the flag
poles. Lewis Reagin is to be commended for this Bicentennial program.
Jim Tolleson reported Cobb County was changing the water pipes on South Cobb
Drive and water pressure was reported very low. He stated they should be
finished this week.
Mayor Bacon said he and several of the councilmen met with Sam Hensley with
reference to analyzing the sewerage system in the City. He stated he thought
it would be wise to set up an appointment with Hensley Smith to study our sewer
system. Sam Hensley stated this was a Federal funded program to study the
infiltration and enflow into the treatment plant. The City would not be obligated
in any way until after the application had been approved by the Federal -Govern-
ment. At that time the City could accept or reject the project, our cost would be
25% of the total cost. Mayor Bacon asked Sam Hensley to meet with Council
Saturday morning to go over this study.
Meeting adjourned at 9:45 P.M.
March 22, 1976
The regular meeting of Mayor and Council was held pursuant to the Charter at
City Hall, Smyrna, Georgia, March 22, 1976, and called to order at 7:30 o'clock
P.M. by presiding officer Mayor Protem Homer Kuhl. Mayor Bacon was absent due
to illness. All Councilmen were present. Also present were Willouise Spivey,
City Clerk, Bob Birchfield, Administrative Assistant, Lee Silver, Director of
Parks and Recreation, Chuck Camp, City Attorney, Don Atkinson, Acting Fire
Chief, Gene Hoaster, Building Inspector and members of the press.
Invocation was given by Bob McDuff, followed by the Pledge to the Flag.
Mr. Stephens of the Hickory Acres subdivision appeared before Council to protest
the condition of a yard on -Smyrna Powder Springs Road. Mr. Stephens stated that
the people in the neighborhood were proud of their homes and they wanted Mr.
Richard Terrell, owner of the property at 454 Smyrna Powder Springs Road, to
clean up the lot. Mr. Kuhl advised Mr. Stephens that Mr. Terrell had been before
council concerning the cleanup of this lot and the lumber stored there, and as