05-17-1976 Regular Mid-Monthly MeetingMay 17, 1976
The regular mid -monthly meeting of Mayor and Council was held pursuant to the
Charter at City Hall, Smyrna, Georgia, May 17, 1976, and called to order at
7:30 P.M. by presiding officer Mayor Arthur Bacon. 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, James
E. David, Superintendent of Public Works and representatives of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the
Flag.
There was no action under citizens reports.
Frank Johnson, Chairman of the Civil Service Board read a letter to Mayor and
Council. Contents of the letter is as follows: "Honorable Mayor and Council,
City of Smyrna, Smyrna, Georgia: The Civil Service Board of the City of Smyrna
has convened as descrived in Section 77, Paragraph 9, Sub paragraph 8, of the
Civil Service Law for the purpose of submission to council the names of three
persons for consideration to fill the vacancy as chief of the police department.
Pursuant to that duty we submit the following names selected in alphabetical
order. (1) Thomas Lewis Buskirk, Jr. (2) Harry W. Kinsella (3) Roger E.
Little, Jr. Submitted by Bob Burchfield, the Clerk, Frank Johnson, Winston C.
Burger and Roy Free." Bill Darby made a motion these applications be turned
over to the police committee for further interviews and recommendations back to
the Mayor and full Council as soon as possible. Homer Kuhl seconded the motion
and the vote was unanimous. Complete files on the three men were turned over
to Bill Darby. Rem Bennett thanked Mr. Johnson, Mr. Burger and Mr. Free for
their time and hard work.
Rem Bennett made a motion to grant a residential business license to Mrs. Anne
McPherson, 2819 Ivanhoe Lane, for a catering service, with the stipulation only
one vehicle would be used. Jerry Mills seconded the motion and the vote was
unanimous. Homer Kuhl requested Mrs. McPherson to give us a copy of approval from
the Cobb County Health Department.
Bill Darby made a motion to grant a residential business license to Marjorie
Cummins, 3496 Creatwood Trail, for a Fashion Design & Interior Design business
in her home. Jerry Mills seconded the motion and the vote was unanimous.
Bids for air conditioning a part of the King Springs Park buildings were opened,
read and recorded as follows:
Rite -Way H/A Conditioning Co. $2711.50
Neese H/A Conditioning Co. 2797.00
Glider H/A Conditioning Co. 3297.00
Cobb H/A Conditioning Co. 2690.00
C. 0. Canada made a motion the bids be turned over to committee with authority
to act on the low bid after checking out the specifications. 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) Louise Hopper of Styles by Louise requested a permit to build an addition
and remodel the existing structure, located at 3485 South Cobb Drive. The
inspector stated that according to the plans they would not meet the set back
requirements, and that he had not checked them out. Rem Bennett made a motion
this request be tabled until a full checkout had been made. Elbert Coalson
seconded the motion and the vote was unanimous.
(2) A request was made to place a Fotomat building in the parking lot of
Cobb Center. The Fire Marshall had approved the plans and the inspector recommended
it be approved. A letter was presented from South Cobb Citgo allowing Fotomat
employees to use their restroom facilities. Elbert Coalson made a motion the
permit be granted. Jerry Mills seconded the motion and the vote was unanimous.
Bill Darby advised we had received approval from the Federal Government to buy
two radio consoles with matching funds, and requested we be allowed to purchase
these consoles under the G.S.A. Contract for $4760.05. Bill Darby made a motion
we purchase these consoles on the G.S.A. Contract. Jerry Mills seconded the
motion and the vote was unanimous.
401
(Continuation of May 17, 1976 Meeting)
Bill Darby requested we receive bids to be opened at the next council meeting
for Civil Defense (Matching Funds) Radio System for a six station console, cross
mute, intercom, line compensation kit, time mute, supervisory control, tone
alert, foot switch, headset adapted. Bill Darby made a motion bids be requested
for the above listed equipment. Jerry Mills seconded the motion and the vote
was unanimous.
Mayor Bacon stated he met with John Kidde Friday, and had met with the Planning
Board earlier, and that Mr. Kidde was going to work up a report of what it
would cost the citizens who are completely surrounded by the city, to come into
the city. He will prepare an outlay as to how we should approach these citizens
and we will have the exact cost. He should have this information to us within
the next two or three days.
Rem Bennett made a motion a stop sign be put up at Walker Street and Walker
Court. One sign was approved at this intersection earlier. This would be the
second sign at the intersection, one on Walker Street, the other on Walker Court.
Jerry Mills seconded the motion and the vote was unanimous.
Rem Bennett stated the traffic on McCauley Drive was almost as heavy as on
King Springs and he requested a four-way stop sign be put at McCauley Drive and
Oakdale Drive. This increase in traffic is due to the opening of King Springs
Park. C. 0. Canada made a motion a four-way stop sign be put at McCauley Drive
and Oakdale Drive. Jerry Mills seconded the motion and the vote was unanimous.
C. 0. Canada reported the public hearing on the Fuel Dispensing ordinance was
attended by representatives of seven major oil companies. No full service
station representatives were present. He stated that since the moratorium was
up on May 21st, he would like a meeting with full council to study the ordinance
further.
Report on Bids opened May 3rd:
(1) Paving of Cobb Park: The bid was awarded to C. W. Matthews - $4,490.30.
Mr. Canada requested the street department coordinate this job with David Granade
of the parks department.
(2) Exterminators - Four Buildings: Initial treatment of the City Hall Annex,
monthly contract on the Annex, City Hall, King Springs Buildings and Canteen.
Homer Kuhl made a motion the bid be awarded to All Pro Exterminators, the low
bidder, for $290.00 for the initial treatment at City Hall Annex, $25.00 renewal
on all four buildings and $9.00 monthly charge for pest control. Jerry Mills
seconded the motion and the vote,was unanimous.
(3) Lettering Fire Station #2: (Cedar siding) Jerry Mills made a motion the
bid be awarded to the low bidder, Window Hardware & Service for a total of $326.45.
Jim Tolleson seconded the motion and the vote was unanimous.
(4) Lettering Fire Station #3: Jerry Mills made a motion the bid be awarded
to Sign Incorporated, the low bidder of $365.50. Homer Kuhl seconded the motion
and the vote was unanimous.
Rem Bennett asked all council to study a proposal for a sidewalk on the east
side of McCauley Drive from Concord Road. The estimated cost is a little over
$19,000. Mr. Bennett stated the sidewalk was needed immediately to take care
of the citizens walking to King Springs Park this summer.
Jerry Mills reported the proposal to amend the Constitution to provide a home-
stead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for
residents of the City of Smyrna who are disabled and those with income of less
than $6,000.00 had been passed by the General Assembly, and would be listed on
the ballot in the November General Election. He urged all councilmen to work
for the passage of this amendment.
Jerry Mills made a motion to hear Mr. Jerry Parks appeal of Recorder's Court
decision at the next regular council meeting, June 7, 1976. C. 0. Canada
seconded the motion. Attorney Camp stated this date could possibly put Mr. Parks
in jeopardy since he was instructed to remove the fence within 30 days or be
penalized. Mr. Mills withdrew his motion and C. 0. Canada withdrew his second.
(Continuation of May 17, 1976 Meeting)
Jerry Mills restated the motion to read the date of hearing the appeal would be
May 22, 1976 at 10:00 A.M. Rem Bennett seconded the motion and the vote was
unanimous.
Homer Kuhl made a motion, due to the G.M.A. Convention, the date of the second
meeting ip_June be changed from June 21st to June 28, 1976. C. 0. Canada
seconded the motion and the vote was unanimous.
Mr. Kuhl stated final approval of the 1976-77 budgets would be made at the last
meeting in June.
Homer Kuhl made a motion the first meeting in July be changed from July 5th to
July 12, 1976, due to the 4th of July weekend. C. 0. Canada seconded the motion
and the vote was unanimous.
Mayor Bacon stated that tomorrow we have a meeting with the Department of
Transportation and the Cobb County Board of Commissioners regarding priorities
on our paving of streets. Mayor Bacon asked all councilmen to attend.
Jerry Mills made a motion the City Hall would be closed May 31, 1976 for
Memorial Day Holiday. Elbert Coalson seconded the motion and the vote was
unanimous.
Committee Reports:
(1) Jim Tolleson made a motion to provide money for a class 22 water main on
South Cobb Drive from Lake Court north 486' on the west side of the highway,
for a cost of $4,499.03. Mr. Tolleson stated the fire underwriters were re-
questing we install this water main to eliminate low pressure. Jerry Mills
seconded the motion. After discussion Mr. Kuhl requested the work be done with
the agreement payment would be made after July 1st. Vote on the motion was
unanimous.
(2) C Jim Tolleson made a motion the following ordinance be adopted: "17-8008,
The Water, Sewerage and Sanitation Committee shall be authorized to establish
Rules and Regulations for the operation of each Department, the conduct of its
business, the collection of funds and the procedures and cost of furnishing
services and cessation of services to the citizens of the City of Smyrna."
Homer Kuhl seconded the motion and the vote was unanimous.
r
(3) (Jim Tolleson made a motion to adopt the following policy to be adhered to
by the Water, Sewerage and Sanitation Committee: ('After June 1, 1976 the
following policies regarding operation of the Water, Sewerage and Sanitation
Departments shall be in force and effect:
WATER. SEWER AND SANITATION SERVICES SERVICE CONNECTION CHARGE
New Residential Customers - A $15.00 non-refundable service connection charge
shall apply for new residenta applying for water, sewer and sanitation services.
New Business Customers - A $25.00 non-refundable service connection charge shall
apply for new business customers applying for water, sewer and sanitation services.
New Apartment Complex Customers - A $3.00 per unit non-refundable service
connection charge shall apply for any new apartment complex applying for water,
sewer and sanitation services.
Delinquent Accounts - If an account is not paid in full 45 days from the billing
date it shall become delinquent. Water shall be cut off and the meter locked.
Sewer and sanitation service shall also terminate until the account is paid
current.
TO RE-ESTABLISH WATER, SEWER AND SANITATION SERVICES
Residential - 8:00 a.m. to 6:00 p.m., Monday through Saturday. A $10.00 service
reconnect charge shall apply between the hours of 8:00 a.m. to 6:00 p.m.,
Monday through Saturday for the purpose of re-establishing water, sewer and
sanitation service. The account must be made current before service will be
re-established.
403
(Continuation of May 17, 1976 Meeting)
Residential - 6:00 p.m. to 8:00 a.m. Sunday and any legal City holiday. A
$15.00 service reconnect charge shall apply between the hours of 6:00 p.m. to
w 8:00 a.m. Sunday and any legal City holiday for the purpose of re-establishing
water, sewer and sanitation service. The account must be made current before
service will be re-established.
Business - 8:00 a.m. to 6:00 p.m. Monday through Saturday. A $20.00-srervice
connect charge shall apply between the hours of 8:00 a.m. to 6:00 p.m. Monday
through Saturday for the purpose of re-establishing water, sewer and sanitation
service. The account must be made current before service can be re-established.
Business - 6:00 p.m. to 8:00 a.m., Sunday and legal City holidays. A $25.00
service connect charge shall apply between the hours of 6:00 p.m. to 8:00.a.m.
on Sunday and legal Holidays for the purpose of re-establishing water, sewer and
sanitation service. The account shall be made current before service can be
re-established.
Apartments - 8:00 a.m. to 6:00 p.m. Monday through Saturday. A $2.00 service
connect charge (per unit) shall apply between the hours of 8:00 a.m. to 6:00
p.m. Monday through Saturday for the purpose of re-establishing water, sewer
and sanitation service. The account must be made current before service can
be re-established.
Apartments - 6:00 p.m. to 8:00 a.m. Sunday and Legal City holiday. A $3.00
service connect charge (per -unit) shall apply between the hours of 6:00 p.m.
and 8:00 a.m. on Sunday and legal City holidays for the purpose of re-establishing
water, sewer and sanitation service. The account shall be made current before
service can be re-established."
The motion was seconded by Jerry Mills and the vote was unanimous.
(4) Jim Tolleson made a motion to adopt the following ordinance: "17-8002-A,
A water metering device shall be required for each residential, business and
apartment complex customer." Bill Darby seconded the motion and the vote was
unanimous.
(5) Jim Tolleson made a motion to adopt the following ordinance: "17-8002-B,
Any individual who shall turn on, or cause to be turned on, water service after
same has been terminated by the City of Smyrna, or prior to establishment, shall
upon conviction be fined not to exceed $300.00." Jerry Mills seconded the motion
and the vote was unanimous.
(6) Bill Darby asked to correct action taken earlier tonight with reference to
bids being sent out for Civil Defense Equipment. Mr. Darby moved to rescend the
motion made on Item 8, approval to accept bids on a radio system for a six station .
console, cross mute, intercom, line compensation kit, timed mute, supervisory
_ control, tone alert, foot switch and headset adapted. Homer Kuhl seconded the
motion and the vote was unanimous. Bill Darby made a motion. to receive bids on
radio system encoder and warning receiver recorders, to be opened at the next
council meeting. Homer Kuhl seconded the motion and the vote was unanimous.
(7) Jerry Mills reported the Rules and Regulation book for, employees, other than
the police and fire department, had been completed and reviewed by council. ARC
will print the book free of charge if we will furnish the paper. They should be
ready for printing this week or next.
(8) The insurance committee has the specifications ready and are waiting on
additional information from the two previous carriers. This information should
be received and the specifications ready to be picked up by representatives of
the different insurance companies next week.
(9) Jerry Mills reported Fire Station #2 is complete.
(10) Jerry Mills reported he had received a call about the drive behind the
concession stand at Ward Park, next to the apartments. The complaint was the
mud, and they wanted to know who maintained the street, and could it be paved.
During discussion it was decided the apartment owner had been approached about
this condition but would do nothing about the paving,•and the city had no control
over it.
(Continuation of May 17, 1976 Meeting)
(11) Jerry Mills advised that the City can issue a building permit to build
in a flood plain if the individual applying for the variance will get a document
from a registered engineering firm stating they can build in that area without
having a flood problem. This is covered in an ordinance dated February 18, 1976.
(12) Mr. Kuhl cautioned council to spend only what is necessary. That budget
meetings were being held this week and full council would meet before final
approval was made on June 28, 1976.
(13) Homer Kuhl stated he had a letter from the Fulton National Bank requesting
annexation of 4+ acres at the corner of King Springs Road and South Cobb Drive,
LL 528. A motion was made by Homer Kuhl to annex this property. Rem Bennett
seconded the motion. After discussion the motion and second were withdrawn. Mr.
Kuhl stated the Georgia Power Company had requested their King Springs 115/12
KV Substation lot, LL 529, be annexed into the City. This property is located
on South Cobb Drive. Mr. Kuhl made a motion this property be annexed. Bill
Darby seconded the motion and the vote was unanimous. This will be a part of
Ward 2.
(14) Homer Kuhl stated the Fulton National Bank had requested annexation of 4+
acres at the corner of King Springs Road and South Cobb Drive, LL 528. A motion
was made by Homer Kuhl to annex this property. Jerry Mills seconded the motion
and the vote was unanimous. This will be a part of Ward 2.
(15) Lee Silver reported Smyrna Community Theatre presents "Kiss Me Kate"
this Thursday, Friday and Saturday.
(16) Softball Tournament this week -end at King Springs Park.
(17) Jonquil Swimming Pool opens May 24th, with same fees as last year.
(18) Lee Silver thanked the Civil Defense personnel .for their help at Field Day.
(19) C. 0. Canada made a motion we adopt the resolution to request any Federal
surplus land that may become available. Jerry Mills seconded the motion and
the vote was unanimous.
(20) Elbert Coalson read a letter from Mr. Teague, manager of Post Spring and
Post Village Apartments with reference to the charge for garbage service. Mr.
Bacon advised Mr. Coalson that he, Jim David and Jack Eudy had an appointment
with Mr. Teague next Wednesday, and he hoped something could be worked out. Jim
Tolleson asied the Mayor to check with Mr. Teague about the timer and shades
on the tennis court.
(21) Elbert Coalson stated his budget was ready.
(22) Rem Bennett stated that Joe Brown was present, and intended to ask for a
variance on a piece of property located in the flood plain. He wants to buy a
piece of property and the sale is contingent to the city giving approval of the
flood plain variance. He was advised the city could not give approval and he
should contact a Registered Surveyor or the Corp of Engineers.
(23) Rem Bennett reported on the creek dredging in the Pinehill Drive area and
advised that a bank was washing and it would be necessary to rif-raf it, at a
cost of approximately $2000.00. He put this in the form of a motion, Jerry
Mills seconded the motion and the vote was unanimous.
(24) Rem Bennett reported the State had conducted a study of the traffic at the
intersection of Jones Shaw and Old Concord Road and would be in touch with us
shortly.
(25) Mayor Bacon reported the Smyrna Clean-up Day will be Saturday, May 22nd.
(26) Homer Kuhl made a motion that council authorize Mayor Bacon to write a
letter to the entire Georgia Delegation objecting to the provisions of the laws
that restrict the local governments. Jim Tolleson seconded the motion and the
vote was unanimous.
405
(Continuation of May 17, 1976 Meeting)
Citizens Report:
Lewis Reagan invited everyone to Wills High School Tuesday night in behalf of
the Bicentennial Committee, to hear the 3rd Army Band present "Two Hundred Years
of Readiness." Mr. Reagan also thanked Lee Silver for his help and support at
the Griffin Middle School Field Day.
Meeting adjourned at 9:12 P.M.
ARTHUR T. BACON, MAYOR
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J MILL9, WARD 3
WILLOUISE C. SPIVEY, CI CLE
WILLIAM F. DARBY, WARD 2
C. 0. CANADA, WARD 5 l ELBERT R. COALSON, WARD 6
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ftk B. BENNETT, JR., WARD 7