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05-03-1976 Regular Meeting395 May 3, 1976 The regular meeting of Mayor and Council was held pursuant'to the Charter at City Hall, Smyrna, Georgia, May 3, 1976, and called to order at 7:30 o'clock P.M. by Mayor Protem Homer Kuhl. Mayor Arthur Bacon was absent due to illness. All Councilmen were present. Also present was Chuck Camp, City Attorney, Willouise Spivey, City Clerk, Lee Silver, Parks and Recreation Director, Gene Hoaster, Building Inspector, Don Atkinson, Fire Chief, James E. David, Superin- tendent of Public Works and representatives of the press. Invocation was given by Gerald Roberds, followed by the pledge to the Flag. Citizen Reports - Alton Curtis, Attorney representing the Lance Oil Company, informed council that Lance Oil Company was going to proceed with the purchase of some land on Lake Drive. They plan to use the property in the manner it is presently being used under article 11-1101 of the City Zoning Ordinance. The warehouse is already there and the only outside construction would be a 4 x 12' loading dock. In answer to a question from Homer Kuhl, Mr. Curtis said part of the warehouse would be used to store flammable liquids. In discussion it was brought out that the present use of the property is light industrial but according to the official zoning map it should be neighborhood shopping. There is a possibility an error was made in coloring the map. Homer Kuhl advised we would check the zoning and Mr. Curtis was given permission to proceed according to the ordinances. Bill Miles, representing the Bicentennial Commission, stated the commission desires to publish a book of the history of Smyrna for the Bicentennial cele- bration, to be sold the week of July 4th. His request was that the City consider the purchase of perhaps 1000 copies of the book at $1.00 each, to be placed in schools, library, etc. Homer Kuhl advised Mr. Miles this would be referred to the finance committee and he would be advised of the decision. Mr. Kuhl recognized Gerald Roberds of the Optimist Club, who introduced sixteen students from three high schools who were participating in the Youth in Government Program. They were attending the council meeting in an effort to better under- stand how city business is conducted. Mr. Roberds stated the students would meet with Mayor and Council Saturday morning. Mr. Thomas Williams appeared before council with a complaint of the noise from military type planes flying over residential areas. Mr. Williams asked if an agreement could be worked between the Navy, Air Force and the City of Smyrna, similar to the one Lockheed had about running engines after eleven o'clock, so as not to endanger the lives and health of citizens of this city. Mr. Kuhl stated this came under Federal regulations. He called on Dr. Grogan, who intro- duced Commander Blaker who is with Operations of the Navy, who explained why these flights were necessary. He stated these training flights were absolutely necessary at least once a year, and sometimes twice, and they did change their flight patterns often. He stated they were going to start using another type plane in this area-and-this..should help the noise problem. Mr. Kuhl thanked Commander Blaker and Dr. Grogan and stated that he hoped things could be worked out. Bill Darby recognized members of the Smyrna Civil Defense Department and expressed the appreciation of the entire city for their efforts. These members have extensive training and are as follows: DIRECTOR: Jim Farley - Red Cross First Aid Instructor and State Certified Rescue Instructor. Currently enrolled in EMT Course. RESCUE TRAINING INSTRUCTOR: Randy Lewis - Red Cross First Aid Instructor, Red Cross and Georgia Heart Assocation CPR Instructor, State Certified Rescue Instructor, National and Georgia Registered EMT. CHIEF OF RESCUE: David Hale - State Certified Rescue Instructor, Red Cross Advanced First Aid, Georgia registered EMT, Red Cross Advanced Life Saving, graduate of O.B. Streeper Vehicular Extrication Course. RESCUE PERSONNEL: Randy Ables - Georgia Registered EMT. Claude Addison - Red Cross Advanced First Aid. Wanda'Addison - Red Cross Advanced First Aid. (Continuation of May 3, 1976 Meeting) Bobby Atchison - Red Cross Advanced First Aid, currently enrolled in EMT course. Bobby Ayers - Red Cross Advanced First Aid. Don Carney - Red Cross Advanced First Aid. Ray Chapman - Red Cross Advanced First Aid. Jerry Cloninger - Georgia Registered EMT, ECG Course. Dale Gaddis - Georgia Registered EMT. Len Williams - Georgia Registered EMT, ECG Course, Red Cross Advanced Life Saving. Linda Williams - Red Cross Advanced First Aid, currently enrolled in EMT Course. Several other members have not met the qualifications for full membership and are considered Candidate Members. Mr. Darby stated the reason for bringing these members to the attention of the citizens tonight is that the Civil Defense Department of Smyrna is going to start handling all the emergency calls through,'the Police Department, serving on a twenty-four hour basis. Mr. Darby reminded everyone these people are volunteers, not on the payroll of the City of Smyrna. The city furnishes the vehicles and these members man them on their own time. They are well equipped to handle emergencies, and are to be commended. The request for a malt beverage retail package license for 1269 Concord Road, the Corner Grocery.(tabled at the last meeting) was resubmitted. Mr. Darby stated that according to a plat prepared by Delta Engineers & Surveyors, Inc. this location did meet the distance requirements and he motioned the license be granted. Jerry Mills seconded the motion and the vote was unanimous. There was no opposition. A request was made by Robert Dale of Quantum Electrical Contractors, Inc. to annex a lot 180 x 194 at the corner of Corn Road and Elmwood Drive. It was stated the property is presently zoned residential in the county, and Mr. Dale stated he would request a commercial zoning if it were annexed into the city, to be used as office and storage for electrical contractors. Elbert Coalson made a motion this property be annexed and become a part of Ward 2. C. 0. Canada seconded the motion and the vote was unanimous. Bids were opened for the paving of Cobb Park parking area. They were read and are recorded as follows: MacDougald-Warren, Inc. $6,460.00 (approximately) C. W. Matthews Contracting Co. $4,490.30 & to Z Asphalt Contractors $4000.00 Rem Bennett made•a motion these bids be referred to the street committee. Jerry Mills seconded the motion and the vote was unanimous. Bids for exterminating four (4) city buildings were opened, read and are recorded as follows: All -Pro Exterminating Co. Initial Termite Treatment Annual renewal Pest Control Service Marietta Termite Control Initial Termite Treatment Annual renewal (10 yrs or life) Pest Control Service Trio Pest & Termite Control Initial Termite Treatment Annual renewal Pest Control Service City Hall City Hall Annex K.S. Pk. Canteen 425.00 290.00 250.00 250.00 25.00 25.00 25.00 25.00 9.00 9.00 9.00 9.00 400.00 400.00 400.00 400.00 or $1200.00 for all four buildings 25.00 25.00 25.00 25.00 Included - recall by phone $15.00 per unit ` 400.00 40.00 42.00 40.00 6.00 6.00 5.00 7.00 397 (Continuation of May 3, 1976 Meeting) City Hall City Hall Annex K.S. Pk. Canteen Northwest Exterminating Co.. Initial Termite Treatment 150.00 375.00 100.00 Annual renewal 35.00 35.00 30.00 30.00 Pest Control Service 15.00 17.00 8.00 8.00 Jerry Mills made a motion bids be referred to the Administrative Committee for a report at the next meeting. Rem Bennett seconded the motion and the vote was unanimous. Bids for lettering Fire Station #2 were opened, read and recorded as follows: Signs Incorporated $365.50 BFG Sales Company No bid on 8" per Specs. $558.00 for 12" Window Hardware & Service Co. $326.45 Jerry Mills made a motion the bids be referred to the Fire Committee. Rem Bennett seconded the motion and the vote was unanimous. Bids for lettering Fire Station #3 were opened, read and recorded as follows: Signs Incorporated $365.50 Window Hardware & Service Co. $410.00 BFG Sales Company No bid on 8" per Specs. $558.00 for 12" Jerry.Mills made a motion the bids be referred to the Fire Committee. Rem Bennett seconded the motion and the vote was unanimous. Commercial building permits were submitted by building inspector Gene Hoaster and upon his recommendations the following action is recorded: (1) J. D. Johnson of 2710 Ivanhoe Lane requested a side and back yard variance in order to build a tool shed within two feet of the side and back yard property lines. He had letters from his adjoining property owners, P. L. Pock, 480 Powder Springs Street, and C. L. Poplin, 2720 Ivanhoe Lane, stating they had no objections to Mr. Johnson building a tool shed within two feet of the common property lines. Rem Bennett made a motion the variance be granted. Jerry Mills seconded the motion and the vote was unanimous. (2) Wayne Human requested a permit to build a house at 4156 Manson Avenue. This lot, as per the Corps of Engineers map, is in the flood plain. Mr. Hoaster stated that Mr. Human had already purchased the lot before Mayor and Council passed an ordinance that no building permits would be approved if the property was listed in the flood plain. Mr. Human has already filled the lot with three or four feet of dirt, has shot the elevation of the creek, and his basement would be approximately nine feet above the level of the creek. Rem Bennett stated this lot was not listed as being in the flood plain when the section was developed. Attorney Camp stated the city could not be held liable for any flood damage as long as the builder had full knowledge it was in the flood plain before building. The surveyor for the final survey for the loan closing for resale, must certify that the house is built within a flood plain. Rem Bennett made a motion the permit be issued. Elbert Coalson seconded the motion and the vote was unanimous. (3) Cecil Brown Co., Inc. requested a building permit for an addition to Campbell High School for an Industrial Arts Building. Plans have been approved by the Fire Marshall's office and Mr. Hoaster recommended it be approved. Jerry Mills made a motion the permit be approved. Elbert Coalson seconded the motion and the vote was unanimous. (4) Foto-Mat Corporation requested a permit to build a 4 x 9' Foto-Mat building at the Hawthorne Plaza, corner of Hargrove Road and Cobb Parkway. Also requested was a variance request, since the building would be only 35 feet from the right-of- way of Cobb Parkway. Sims DuFee of Foto-Mat stated they were 110' from the centerline of Cobb Parkway. Jerry Mills made a motion the variance and building permit be approved subject to receipt of a letter from Tenneco Oil, stating they have no objections. Jim Tolleson seconded the motion and the vote was unanimous. (Continuation of May 3, 1976 Meeting) Mr. DuFee had a letter from T & E Clothing Outlet giving their permission for use of their restrooms. (5) A building permit was requested by Chambers Associates, Inc. to add a 40 x 132' addition to Food Giant at 2370 South Cobb Drive. The plans have been reviewed and approved by the building inspector and the Fire Marshall's office and he recommended it be approved. Jerry Mills made a motion the permit be approved. Bill Darby seconded the motion and the vote was unanimous. Committee Reports: (1) Jim Tolleson stated council was contemplating discontinuing the practice of collecting water deposits - that a service charge would be paid instead. Complete details have not been worked out as yet. All deposits on hand will be returned. —Jim Tolleson stated the Opinion Poll should be mailed this Friday. He asked they please be filled out and returned. (3) Bill Darby stated that council had been in office about four months and it seemed that a few people in the city seem to think they know more about how to run the city than the elected officials do, and that if these people, including some past elected officials, -Have -the best-ainterest,of_the city in mind'hey would be holding their meetings with the present elected offials and try to aid us, instead of causing turmoil. He stated we could not straighten things out over- night that has taken several administrations to take place. The majority of the people in Smyrna have the patience to let the present council handle problems in a business -like and professional manner that would be advantageous to the city. If anyone has any ideas about how to make this city a better place I would appreciate them contacting one of the council members and airing their views directly. Something was published in the paper last week with regards to a statement I made at the last council meeting. This concerns a letter I read about acting Chief John Young, that he possibly coerced some of the police department members into signing this letter. I challenge the newspaper and the man who wrote this article to bring me some of the people and show that coercing took place. (4) Jerry Mills stated Fire Station #1 had been painted on the outside and looked good. Fire Station #2 repairs are 75 percent complete and should be finished in another two or three weeks. (5) Jerry Mills stated he saw the contract with Don Wells Contracting Company on Fire Station #2 and that he built the station according to the original specifications. He stated the materials were not suitable for the building but was what Mayor and Council accepted. (6) Jerry Mills stated he and Rem Bennett had been working on the Insurance program for employees and that specifications were being drawn up. The specifi- cations for the group insurance should be ready next week to send out to the bidders. All bids will be the same. The committee will meet and select one plan and everyone will bid on the same plan. The specifications will beiin the City Clerk's office to be picked up by the bidders. (7) The rules and regulations have been drawn up by the committee and Mr. Mills stated he needed to set a date when Mayor and Council, along with the City Attorney, could go over them for additions or deletions. A copy of these will be given each councilman and a date will be set Saturday morning. (8) Rem Bennett reported all projects were progressing real good in the street department. He thanked Jim David, Vic Broyles and Randy Jones for their cooperation. (9) Rem Bennett made a motion a stop sign be erected at the intersection of Walker Street and Walker Court. Jerry Mills seconded the motion and the vote was unanimous. (10) Rem Bennett reported the problem on Englewood had been resolved, and the trees on Highland Drive that were cut down earlier would be burned at an early date. 41 399 (Continuation of May 3, 1976 Meeting) (11) Elbert Coalson asked that residents please be patient with trash pickups as everyone was spring cleaning and the pickups were heavy. Mr. Kuhl advised that some Boy Scout Troops and other groups had expressed a desire to participate in the cleanup drive. (12) C. 0. Canada reported that he, Mayor Bacon, Lee Silver, Bill Darby and several Cobb County Legislators met with Commissioner Joe Tanner of the Georgia Department of Natural Resources about a grant for King Springs Park. (13) Mr. Canada stated he had talked with Charlie Jones about the paving at Cobb Park from Bank Street to Powder Springs Road. (14) Mr. Canada stated there were overflow crowds at King Springs Park for the opening games, but there was not enough parking places. He also asked Mayor and Council to support the two city teams by attending their games. (15) Jim Tolleson said the park ranger was giving warning tickets at Argyle and some signs needed to be put up. (16) Homer Kuhl reported four departments were in the red but the budgets were looking better and he thanked all council for their cooperation. (17) Homer Kuhl asked all councilmen to get approval from Mayor and Council before turning things over to the City Attorney. C. 0. Canada made a motion to approve the minutes of April 7, 1976 as amended. Elbert Coalson seconded the motion and the vote was unanimous. C. 0. Canada made a motion the minutes of April 19, 1976 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Willouise Spivey stated that Burl Tate promised to give us a list of the suits against the City that he has before the next council meeting. Attorney Camp advised we had received a Writ of Certiorari with reference to the Bill Hayes case and asked approval of Council to get a copy of the trans- cript of the Civil Service hearings. C. 0. Canada made a motion we get a copy of this transcript. Jim Tolleson seconded the motion. Vote on the motion was five to one. Jerry Mills voted against. Jerry Mills made a motion to give the City all bankruptcy and garnishment.forms. C. vote was unanimous. Citizen Reports: Attorney approval to take action on 0. Canada seconded the motion and the Sue Brissey stated she was disappointed that no councilman had made a public state- ment regarding the problems at the police department and she stated they had gotten no praise or thanks for what they are doing. She also was concerned the policemen did not get enough training and she thought this should be a priority item. Homer Kuhl stated the police department of Smyrna receives more consideration than any other department in the City. Bill Darby advised we have a police committee who has been working and making recommendations. He thought it unwise to make rules and regulations that a new Chief might want to change. A citizen asked about the financial report and was advised by Mr. Kuhl they were hard to read but he was welcome to see them any time. Thomas Williams stated his home insurance went up 30 percent because of the noise from the military planes. One citizen stated a police car was parked at the home of Glen McCulleis much of the time. A traffic problem was reported at Jones Shaw Road and Old Concord Road. This was referred to the street committee. \ Someone asked if Larry McDonald had done anything about the traffic around the post office. His aide is working on this. Meeting adjourned at 9:30 P.M.