05-05-1975 Regular Meeting(Continuation of April 21, 1975 Minutes)
318
11
Mr. Kuhl motioned the request be granted.
and the vote was unanimous.
The meeting adjourned at 8:55 P. M.
HN C. PORTERFIEIff., MAYOR
Earle Cochran seconded the motion
, CI
MARSTON TUCK, COUNCILMAN WARD #1 �UFFE, COUNCILMAN WARY IM2
JERR ILL CO IT AN WARD #3 HOMER KUHL, COUNCI WARD #4
PAI
C. 0. CAIADA, COUN WARD #5 ELBERT &OALSON, COUNCILMAN WARD #6
EARDE COC , COUNCILMAN WARD #7
May 5, 1975
The regularly scheduled meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, May 5, 1975, and called to order at 7:30
P. M. by presiding officer Mayor John Porterfield. All Councilmen were present
for the meeting. (Earle Cochran had phoned he would be late and was seated at
the Council table at 8:18 P. M.) Also present were L. W.T. Charles, City Clerk,
Willouise Spivey, Asst. City Clerk, Nora Proctor, Clerk, Lee Silver, Director
of Parks and Recreation, Vic Broyles, Asst. Supt. of Public Works, Leon.Hood,
Building Inspector, Don Atkinson;, Asst. Fire Chief, Joe Briggs, Consultant
Engineer, and representatives of the press. J. E. David was absent on vacation.
Invocation was given by Councilman Homer Kuhl, followed by the Pledge of Alle-
giance.
Under Citizen Reports, the following action is recorded:
(1) Joe Bland stated the Jaycees had been granted a permit for the Jonquil
Parade for last Saturday, but due to rain, requested that the permit be extend-
ed to Saturday, May 10. The extension was granted on motion by Marston Tuck,
seconded by Jerry Mills. Vote on the motion was unanimous.
Mr. Bland further stated that the Jaycees are in the process of trying to develop
plans for next year, goals, projects, etc. Mr. Bland passed out a survey form to
Mayor and Council regarding needs of the community and requested that the forms
be completed and returned no later than May 19, 1975.
(2) Mr. George Scott represented citizens on the west side of Farmstead Condo-
miniums on Spring Road regarding the lifting of current restrictions on small
privacy redwood fences for Farmstead residents on the west side. It was the con-
sensus of the group that more people on Carolyn Drive should be contacted.
Mayor Porterfield referred this issue to Councilman Marston Tuck for report back
at the next meeting, or as soon as possible, in order to try to work out a so-
lution that would be agreeable to residents of Farmstead and those on Carolyn Drive.
(3) Mr. Frank May, President of the new Cobb Bank and Trust Company on Cherokee
Road, appeared before Mayor and Council stating they would appreciate some of the
City's banking accounts and to be competitive on bids on certificates, etc.
(4) Caaol Picklesimer of 2660 Birch Street, appeared before Mayor and Council
regarding a rat problem on Birch. Mrs. Picklesimer stated in her opinion the
main cause of the rats was the unsanitary conditions at the Chinese Restaurant
on South Cobb Drive. Mayor Porterfield asked Sanitation Supervisor, Jack Eudy,
to make a thorough inspection of businesses on South Cobb-Drive'and any violations
of the sanitation ordinance be put in writing and a copy be mailed or delivered
to the property owner on May 6. Mr. Eudy was also requested to inform residents
on Birch Street that a City Truck would go,down the street and deliver rat poison
to the residents. Councilman C. 0. Canada volunteered to contact William A. Becker
in regard to him deeding the vacant property between the residents on Birch Street
and South Cobb Drive to the City and the City in turn deeding the property to the
residents, Vic Broyles was requested to check on any residents on Brich who at the
(Continuation of May 5, 1975 Meeting)
present time have not tapped on the sanitary sewerage system.
219
A representative of the Golden Gallons, Atlanta Road, appeared before Mayor and
Council, regarding a self service gas station. Jerry Mills read a letter from the
Fire Department recommending the permit be denied until all requirements are met.
The representative was requested to file formal application in order that the
building inspector could request permit be approved, if all requirements are met.
Bids on a Custom 500 Ford police package patrol car, to replace police car #11,
#12, and #13, were opened, read and are recorded as follows:
Handshaker Ford, Jonesboro, Georgia
Hub Motor Company,'Atlanta, Georgia
Carey Paul Pord, Decatur, Georgia
Neal Pope Ford,
Strother Ford, Marietta, Georgia
Jim Tidwell, Kennesaw, Georgia
�4 h4.08 �?Sa,112.24
$4,316.93
$4,350.22 $13,050.66
$4,396.02 $13,200.06
$4,439.70
$4,461.62 $13,372.86
All bids were referred to the police committee for recommendations at the next
meeting.
On motion by C. 0. Canada, and on recommendation of the committee, the bid for
seeding of the King Spring Park was awarded to Mike Westmoreland Landscaping
.Company, low bidder, (the lake area not to be seeded). The motion was seconded
by Homer Kuhl and vote on the motion was unanimous.
Sealed bids on a 1975 Ford Series 2000 Disel Tractor were opened, read and re-
corded as follows:
Cobb County Tractor Company, Marietta, Georgia $6,431.00
Less Trade In 1,631.00
TOTAL $4,800.00
Ponce de Leon Ford Tractor Company, Decatur, Georgia $6,335.00
Less Trade In 1,423.00
TOTAL $4,912.04
Jerry Mills motioned that the low bid of Cobb County Tractor Company in the amount
of $4,800.00 be accepted to be paid from State Grants:: E. R. Coalson seconded the
motion. The vote was six to one, Marston Tuck opposed.
aI
Opening of bids for the westside fire station was deferred. It was reported that truck
-equipment was included in the•1975-76 budget to be reviewed tomorrow night.
Consideration of approval of an application for retail malt beverage (pouring)ffor
R & I Enterprises, doing business as Steverino's, was the next item on the Agenda.
A letter from Det. David Farmer was read. He stated he found no reason why the
license could not be issued; however, due to previous actions in this area he request-.
ed.the license be issued on an eight months probationary period. Application for the
license was made by Arnold B. Oxman, Vice President, who stated he would supervise
the establishment and would be in the store at least once each day. Steve Rosenberg,
President, also stated he would help supervise. Forster Puffe motioned that the pouring
license be approved. Jerry Mills seconded the motion which cartied four to three.
Voting for the motion: Forster Puffe, 'Jerry Mills, Marston Tuck and C. 0. Canada,
voting against the motion: Homer Kuhl, E. R. Coalson, and Earle Cochran.
Mayor Porterfield stated he had talked with Commissioner Earnest Barrett in regard to
receiving some help in landscaping and seeding Concord Road and would report back as
soon as he received an answer. Vic Broyles stated the work should begin sometime this
week. ::
Parking facilities for the new danitation building were reported as having been
completed.
An amendment "to the Smyrna Fire Prevention Code was deferred to a later date.
City Attorney Berl T. Tate stated that thenew ordinance on billiard and pool rooms
had been prepared but not typed. Mayor Porterfield recommended that the City follow
the county procedure on the 1925 state law and asked Mr. Tate to prepare a letter to
local owners of billiard and pool rooms and have the police department distribute and
enforce the law.
Commercial building permits were submitted by building inspector Leon Hood and upon
his recommendations the following action is recorded:
(1) Halpern Enterprises requested building permit for One Hour Martinizing establishment
just north of the newly constructed Pizza Hut and behind Western Auto in Belmont Shipping,
Center. Mr. Hood stated the Fire prevention Bureau had approved the plans and he
(Continuation of May 5, 1975 Meeting(
320
recommended the permit be granted. Jerry Mills motioned the permit.be approved. C. 0.
Canada seconded the motion which carried by unanimous vote.
On motion by C. 0. Canada, seconded by Forster Puffe, the rules and regulations re-
garding use, drivers, insurance, etc. of the newly acquired bus for the Parks and
Recreation Department be adopted as submitted. Vote on the motiongtTas•unanimous.
Councilman Homer Kuhl requested Lee Silver to secure a copy of the I. C. C. Rules and
Regulations.
r
Councilman Earle Cochran stated an agreement between Northwest Exterminators and property
owners in the area had been reached and the problems had been solved. The agreement
is as follows: (1) No outside storage of material of any kind, (2) All Commercial
vehicles shall be parked in front of building, .(3) Rear area shall be maintained in
a clean and orderly condition. The agreement was signed by:: L. A. Phillips, Earl
Gaskins, Mrs. Earl Gaskins, Peggy Cochran, Bob Cochran, L. E. Brookshire and J. L. Davis.
Mr. Cochran also stated the trailer had been moved from the premises of Landmark Realty.
Leon Hood stated he would check on violations at the Hitching Post on Cobb Lane tomorrow.
City Attorney Berl T. Tate recommended that Council take no further action at this
time on the adjusted malt beverage taxes adopted on April 7, 1975, pending a rehearing
now in progress.
On motion by Homer Kuhl, seconded by Earle Cochran, the minutes of April 7, 1975 were
adopted as prepared and submitted. Vote on the motion was unanimous.
On motion by Homer Kuhl, seconded by Earle Cochran, the minutes of April 21, 1975 were
adopted as prepared and submitted. Vote on the motion was unanimous.
Mayor Porterfield requested Marston Tuck to attend the hearing to be held May 26, 1975
at the Griffin Middle School regarding letting of bids for widening South Cobb Drive
from the City of Smyrna to I-285.
Mayor Porterfield read a letter to Council which stated the Cobb County Grand Jury
had met and the Smyrna Police Station was rated very highly; also, the city had an
elaborate Civil Defense set up in the basement of the Police Station.
C. 0. Canada stated that on May 14, 1975 Smyrna would host all senior citizens of Cobb
County and motioned that May 14, 1975 be designated as Senior Citizens day. The
motion was seconded by Marston Tuck and the vote was unanimous.
On motion by C. 0. Canada, seconded
be hired under the CETA Program to
probably from five until one A. M.
a
The person hired would have mandate
and his uniform would be similar to
Vote on the motion was unanimous.
by Homer Kuhl, it was agreed that a person would
police the parks as a parks patrolman or ranger,
training as required by the police department
that worn by a park ranger or sheriff's uniform.
C. 0. Canada recommended that bids be let for the recreation building at King Spring
Park. Marston Tuck motioned that bids be let for opening at the next meeting or as
soon as possible in accordance with state law. Homer Kuhl seconded the motion and
the vote was unanimous. The bids to be on a cost plus basis, also a maximum figure
to be submitted.
C. 0. Canada motioned that bids be requested on lighting of King Spring Park to be
opened at the June 16, 1975 meeting (the city to purchase the lamps). The motion was
seconded by Homer Kuhl and the vote was unanimous.
Jerry Mills motioned that Wright Street be made a one way street north. The motion
was seconded by Forster Puffe and the vote was unanimous.
Jerry Mills called a meeting with C. 0. Canada and Homer Kuhl for May 6, 1975 at 6:30
P. M. to review specifications for the new fire station.
Earle Cochran requested the street committee to look into the possibility of a stop
sign at the intersection of Shirley Street and Crestview Drive.
Forster Puffe stated that the Cobb County - Marietta Water Authority would increase
the wholesale water rates by $0.10 per thousand gallons effective June 1, 1975, and
he would have a recommendation for a rate increase for Smyrna by the first meeting in
June.
Forster Puffe recommended in the form of a motion that court cost be added to the
following fine or.. bond, forfeiture scale as follows:
1. For any fine or any bond forfeiture of more than $4.00 but not more than $25.00,
$3.00
J
2. For any fine or any bond forfeiture of more than $25.00 but not more than $50.00,
$4.00
(Continuation of May 5, 1975 Meeting) 321
3. For any fine or any bond forfeiture�of more than $50.00 but not mort than $100.00,
$5.00
4. For any fine or any bond forfeiture of more than $100.00 and up 5%.
The above court cost to be paid'to the Georgia Peace Officers Annuity and Benefit
fund, effective May 8,"1975. The motion was seconded by Homer Kuhl, and the vote
was six to one, Jerry Rills, opposed.
Marston Tuck motioned that anyone who requests permission to see detailed records of
any action taken by Council or performed by City personnel make an appointment to see
such records. The motion was seconded by Jerry Mills and the vote was unanimous.
Marston Tuck motioned that the bids procedure be waived and have the generator (one -
half the size of the one now in the police department) be repaired by the Dixie
Engine Company, at a cost of $1300.00. Homer Kuhl seconded the motion which carried
by unanimous vote.
Marston Tuck motioned that a meeting be held Saturday morning at 9:30 A. M. with Mayor
and Council and developers of Post Spring Apartments regarding the fence at the
apartments which has not been completed. Mayor Porterfield stated he would contact
the developers on the lights at the Tennis Courts.
Annexation,of a piece of property behind the King Williams building was disucssed.
No action was taken.
The sign ordinance is to be on the Agenda for the next meeting.
The meeting adjourned at 10:10 P. M.
May 19, 1975
The regularly scheduled mid -month meeting of Mayor and Council was held in City Hall,
Smyrna, Georgia, May 19, 1975, and called to order at 7:30 o'clock P. M. by presiding
officer Mayor John Porterfield. All Councilmen were present. Also present were L. W.
Charles, City Clerk, Willouise Spivey, Asst. City Clerk, Nora Pr6 tor, Clerk, J..E.
David, Public Works Supt., Lee Silver, Director of Parks and Recreation, George Harden,
Consultant Engineer, and representatives of the press.
Invocation was given by Councilman Homer Kuhl, followed by Pledge of Allegiance to
the Flag.
The following action is recorded under Citizens Reports:
(1) Mrs. Opal Anderson, representing members of'the Smyrna Federated Women's Club,
Inc., commended Parks dnd Recreation Director LeroySilver for the wonderful job he
has done in the Parks Department. Mrs. Anderson also introduced members of the Smyrna
Women's Club, giving a brief history of the Club stating it was the oldest civic club
in Smyrna having been organized in 1925. Mrs. Anderson requested that the City paint
the club building and have the grass cut.Mrs. Anderson, on behalf of the Club,pre-
sented a check to Mayor and Council in the amount of $5,000 to be used in construction
of the new Smyrna Civic Center with the following stipulations (1) The City agrees
to contribute the sum of $5,000 to be used in construction of the Civic Center. (2)
When completed, the Smyrna Women's Club be entitled to use same for meeting purposes,
(3) That if construction of the Civic Center has not been completed with three years
from date of this agreement, that said $5,000 shall be refunded to the Smyrna Women's
Club, (4) That no modification or change be made in the agreement except in writing
and agreed to by both parties. Councilman Forster Puffe moved that the check for the
Civic Center be accepted by Council per agreement above signed by both parties. The
motion was seconded by Homer Kuhl and the vote was unanimous.
(2) A representative of American Legion Post #160 stated the Legion facilities would
be availablekto the Smyrna Women's Club.
X3) Councilman Earle Cochran presented a citation of appreciation to T. C. Ledbetter
for completion of fifteen years service in the Auxiliary Police Department. The
award was signed by the National President of the American Federation of Police.
(4) Mrs. Sam M. Coffey requested a permit to operate a business in her home located
at 1726 Mohawk Place for the purpose of making leather goods. A petition was sub-
mitted signed by all residents within 300' stating they had no objection. The permit
was approved on motion by Forster Puffe, seconded by Marston Tuck. Vote on the motion
was unanimous.
(5) Jerry Mills motioned that the old fire engine parked behind the fire station be