06-07-1976 Regular Meeting407
June 7,'1976
The regular meeting of Mayor and Council was held pursuant to the Charter at
City Hall, Smyrna, Georgia, June 7, 1976, and called to order at 7:30 o'clock
P.M. by Mayor Arthur Bacon. All Councilmen were present. Also present was
Gregg Griffin, attending for Attorney Chuck Camp who was out of town, Willouise
Spivey, City Clerk, Lee Silver, Parks and Recreation Director, Jim David, Supt.
of Public Works, Don Atkinson, Fire Chief, Gene Hoaster, Building Inspector,
J. S. Ross, of Ross & Associates and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the Flag.
Joe Bland, representing the Smyrna Jaycees, requested approval for their
Bicentennial Parade, July 3, at 1:00 P.M. The parade will start at Grant City
parking lot, go north on South Cobb Drive to Cherokee, east on Cherokee to
Ward Street and end at Ward Park. Elbert Coalson made a motion the parade permit
be granted. Homer Kuhl seconded the motion and the vote was unanimous.
Mrs. Esta Cearfoss of 3595 Lee Street, Smyrna, Georgia, submitted a booklet on
the needs of young people in Smyrna and Cobb County to Lee Silver, Director of
Parks and Recreation. A copy was given to Mayor and Council just before the
council meeting. Mrs. Cearfoss was attending the council meeting and Mayor
Bacon asked her to give council a chance to read and study the booklet before
discussion.
Bill Darby made a motion that Roger Everett Little be hired as the new Police
Chief. Homer Kuhl seconded the motion and the vote was unanimous.
Jerry Mills stated a Civil Service test had been given for Captain of the Fire
Department. The Board recommended Sherman 0. Vaughn be promoted -to the rank of
Captain. Jerry Mills made a motion that Sherman 0. Vaughn be promoted to the
rank of Captain, Elbert Coalson seconded the motion and the vote was unanimous.
Homer Kuhl made a motion to hear the appeal of Recorder's Court, requested by
Mrs. Peggy E. Kemp in behalf of herself and her husband, on June 28, 1976.
C. 0. Canada 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, 3485 South Cobb Drive, requested a permit
to build an addition onto the rear portion of the existing building. Mrs.
Hopper had previously submitted a request to build the addition to the front of
the building. This request was tabled until the set back requirements could be
checked. Gene Hoaster recommended the addition to the rear of the building be
approved. The plans had also been approved by the Fire Marshall. Jerry Mills
made a motion the building permit be granted to build -an addition onto the rear
of the existing building. C. 0. Canada seconded the motion and the vote was
unanimous.
(2) Willie W. Causey, 989 Oakview Drive, requested a 4' side yard variance in
order to build a double carport, 20 x 20. He had a letter from his neighbor,
J. A. Kembell at 979 Oakview Drive stating he had no objection to Mr. Causey
building a carport adjacent to his property line. C. 0. Canada made a motion
the variance be granted. Rem Bennett seconded the motion and the vote was
unanimous.
(3) H. C. Hilton of 1110 Dell Avenue requested a variance for a 4' chain -link
fence across his front and side yard. It was learned the fence was already up.
had been installed by Sears Roebuck Co., without a permit. The City Ordinance
states a chain -link fence cannot be erected in a front yard. Jerry Mills made
a motion this request be tabled until the July 19th'-meeting. Rem Bennett
seconded the motion and the vote was unanimous.
(4) Shell Oil Company located at the corner of Atlanta Street and Spring Road
requested a permit for converting the station to self-service. The plans had
been approved by the Fire Marshall. Homer Kuhl made a motion the permit be
granted. C. 0. Canada seconded the motion and the vote was five to two. Jerry
Mills and Jim Tolleson voted against the motion.
Bids for the Civil Defense Encoder and Decoder Systems were opened, read and
are recorded as follows:
(Continuation of June 7, 1976:1jeeting)_
Tone Radio, Inc., Orlando, Florida
A.
One (1) Encoder with 50 buttons active, automatic -manual alarm
combination, two (2) control heads (one (1) with 110' interconnecting
cable and one (1) with 30' interconnecting cable)..........
$959.00 ea.
B.
Any quantity, Siren Decoder, per specifications, including
antenna, with all siren alert, all siren attack, all siren
cancel, all siren test ..............
$639.00 ea.
C.
Any quantity, Pocket type Decoder ..............
$251.00 ea.
D.
Any quantity, Charger -Amplifier for above, including
telescoping antenna .. .............
$ 79.00 ea.
E.
Three (3) Plectron Receiver -Recorders, Model RR17B, Radio
Frequency 45.36, with Alert Flasher light, all call plus -
additional select call tone, 600 ohm audio output, remote
switching relay, and heavy duty relay............
$321.00 ea.
Northside Electronics, Smyrna, Ga.
1. Bid: Receiver -Decoder -Tape Recorder
3 each receiver decoder recorder combinations........... $785.00
Regency E2LtE1-sp / Realistic 827 recorder
Exceptions: 2 piece unit
2. Bids for siren decoder: insufficient information to properly
prepare bids. Tone frequencies and supply voltages not listed.
3. Pocket receiver -decoders, quantity unknown, firm bidding
difficult at best. List price one unit......... $149.00
Exception: No audio amplifier mounted in battery charger
Motorola Communications, Decatur, Ga.
We do not meet the intent of your specifications referred to as
"the third type of decoder will be a portable, pocket -type decoder,
which, when properly decoded, will allow the user to receive a voice
message" (Minitor Alert Monitor).
1 - Minitor Alert Monitor.......... $357.00
with group call, speaker -Amplifier charger
General Electric, Atlanta, Ga.
General Electric regrets that at this time we do not have equipment
that will fulfill your needs.
Bill Darby made a motion that bids be referred to the Committee for study. Jerry
Mills seconded the motion and the vote was unanimous.
Bill Darby made a motion to request bids to install two sirens, bids to be opened
at the next council meeting. Homer Kuhl seconded the motion and the vote was
unanimous.
Bill Darby made a motion to request bids to be opened June 26th for two (2)
pagers and chargers (Civil Defense). Jerry Mills seconded the motion and the
vote was unanimous.
Bill Darby made a motion bids be requested for three (3) police cars, with the
bids restricted to Ford dealers. Homer Kuhl seconded the motion and the vote
was unanimous. These bids are to be opened at the next council meeting.
Rem Bennett read a letter from Ross & Associates with reference to the flood
plain on Lynwood Drive. The letter read as follows: "I hereby certify that from
field measurements made on site, my personal on -site investigation, topographic
maps and from FIA Flood Hazard Boundary Map No. H01 dated Jan. 30, 1966, the 100
year flood hazard line does not encroach beyond the line shown on a plat prepared
by me on May 25, 1976. The 100 year flood hazard line shown has been conservatively
established from the data available and could po"ss bly be at a lower elevation when
further detailed stream date is available. Signed James S. Ross, P.E."
k--Jim Tolleson gave the results of the opinion poll. He stated 700 blanks were
mailed out, 100 to each ward. These names were picked at random by the computer
from the voters list. Of the 700 mailed out, 216 were filled out and returned,
409
(Continuation of June 7, 1976 Meeting)
75 were returned to us as undeliverable and 47 blanks were cut from the paper,
filled out and delivered to us. According to the opinions received the number
one need was the widening of Atlanta Road, second was a beautification program,
and third a combination community center, gym and senior citizens facility.
Mr. Tolleson stated we would continue with the opinion poll and there would be
council action.
Mayor Bacon stated a meeting was held with Mr. Moreland and Emory Parrish of
the State Department of Transportation concerning the widening of Atlanta Road
and they are to get back with us within three weeks with their recommendations.
Rem Bennett made a motion a four-way stop sign be erected at the intersection
of Glendale Place and Birch Street. Elbert Coalson seconded the motion and the
vote was unanimous.
Committee Reports:
Jim Tolleson gave a report from the water department. For the month of May,
6248 customers were billed, $105,063 was collected, 95 cutoffs, 66 disconnects
and 75 new connects. Mr. Tolleson stated he would make this report monthly.
Bill Darby stated he was glad to have the Police Chief and we had new patches
for the police uniforms.
Jerry Mills made a motion we have a called meeting on Saturday morning, June
26, 1976, at 10:00 A.R. for the purpose of opening insurance bids. Homer Kuhl
seconded the motion and the vote was unanimous.
Jerry Mills reported the Employees Rules and Regulation Handbook had been checked
by the Communities Affairs Division of the State and was now in the hands of ARC
for printing. Should be ready within three or four weeks.
Mr. Mills asked all council to go by Fire Station No. 2. All repairs have been
made and it looks good.
C. 0. Canada commended David Granade for the excellent job he did in renovating
Jonquil Swimming Pool. He is still working on Church Street Pool. Mr. Canada
recommended Mayor Bacon write a letter of commendation to Mr. Granade and his
staff.
Lee Silver reported their Summer Program of '76 started today. Their 1975
summer program served 188,000 people. Progress for the July 4th activities is
being made.
C. 0. Canada made a motion that Lee Silver and Alvin Beaty coordinate their
efforts in securing watermelons for July 4th, the number not to exceed 500 melons.
Jerry Mills seconded the motion and the vote was unanimous.
C. 0. Canada stated that traffic on Rosalyn Lane was heavy due to a ball field
being built in the pasture to the side of the street. He asked that Rosalyn
Lane be blocked off at the dead end. This was referred to the street committee.
Elbert Coalson said several citizens had contacted him with reference to our
ordinance requiring weeds, grass, etc. being bagged. He stated the bags were
expensive and suggested the city might buy these bags and sell them to the
citizens at cost. This was referred to the street committee.
Homer Kuhl made a motion the minutes of May 3, 1976 be approved as submitted.
C. 0. Canada seconded the motion and the vote was unanimous.
Homer Kuhl made a motion the minutes of May 17, 1976 be approved as submitted.
Jim Tolleson seconded the motion and the vote was unanimous.
C. 0. Canada made a motion the minutes of May 22, 1976 be approved as submitted.
Jerry Mills seconded the motion and the vote was unanimous.
Homer Kuhl asked all council to buy only what is absolutely necessary as our
finances are short. He called a meeting for 9:00 A.M. Saturday morning to
finalize the budgets for final approval June 28, 1976.
(Continuation of June 7, 1976 Meeting)
Citizen Input:
One citizen asked what the deciding factors were in selecting the police chief.
Qualification, prior training and experience was the general answer.
A citizen asked why city employees did not install the sirens. She was told we
did not have the needed equipment and much of the work was technical electrical
work.
Meeting admourned at 8:54 P.M.
June 28, 1976
The regular meeting of Mayor and Council was held at City Hall, Smyrna, Georgia,
June 28, 1976. The meeting was called to order by presiding officer Mayor Arthur
T. Bacon at 7:30 o'clock P.M. All councilmen were present except Elbert Coalson
who was out of town. Also present was Charles Camp, City Attorney, Willouise
Spivey, City Clerk, Lee Silver, Director of Parks and Recreation, Jim David, Supt.
of Public Works, Bob Burchfield, Administrative Assistant, Don Atkinson, Fire Chief,
Everett Little, Police Chief, Gene Hoaster Building Inspector and representatives
of the press.
Invocation was given by Councilman Homer Kuhl, followed by the pledge to the Flag.
No action under Citizens Reports.
The first item of business was the hearing of the appeal of the decision of
recorders court for Mrs. Peggy Kemp and Mr. Donald Kemp. Mr. Kemp testified that
he pleaded guilty to the charge of crossing the yellow line but pleaded not
guilty to the speeding charge; also the other charge against him and the charge
against Mrs. Peggy Kemp, was the result of antagonism by Officer Sanford Stakley.
Mr. and Mrs. Kemp both testified they did not get a chance to explain to the Judge
their opinion of what happened, due to a statement from Officer Stakley that they
had filed a complaint against him with the Mayor, and the investigation had not
been completed. Mayor Bacon confirmed the fact that Mr. and Mrs. Kemp had filed
a complaint against Officer Stakley. Officer Stakley testified the original
charges against Mr. Kemp were speeding and crossing a yellow line. The added
charge against Mr. Kemp was disorderly conduct. The charge against Mrs. Peggy
Kemp was obstructing an officer. Officers C. T. Collins and S. J. Bailey also
testified. Earl Cobb testified that Mr. and Mrs. Kemp had just left his house,
after having dinner, and were on their way home. Also testifying for the City
was Park Ranger Johnny Wellborn, Police Clerk Barbara Dean, Police Officer J. L.
LeCroy and Auxillary Policeman West. Evidence was heard for approximately one
hour and forty-five minutes, at which time Mayor Bacon called for a motion.
Jerry Mills made a motion, that due to the evidence heard, the fine against Mrs.
Kemp be reduced from $185..00 to $125.00, and the decision of recorders court on
Mr. Donald Kemp be upheld. Bill Darby seconded the motion and the vote was
unanimous. $60.00 is to be refunded to Mrs. Peggy Kemp.
Robert S. Silliman, Attorney representing Jonquil Broadcasting Company, d/b/a
Radio Station WYNX, requested a waiver of height restrictions for a radio tower in
the City. He stated the station desired to increase their broadcasting to 24 hours
a day, and in order to do this, additional towers and land would be required.
The new tower would need to be 158' high and our ordinance has .a 35' height
restriction. He stated the Federal Aeronautics Agency had approved the tower up
to 199 feet. They wish to locate the tower behind Belmont Shopping Center, and he
stated the ground level would not be raised. After discussion, Jerry Mills made
a motion the height variance request be granted, subject to FCC and FAA approval.
Homer Kuhl seconded the motion and the vote was unanimous.
Ms. Sandra Speer, owner of a Farmstead Condominium appeared before council with
a complaint the builders of the condominiums had violated the buffer zone
restrictions set by council. Mayor Bacon requested Gene Hoaster, Building Inspector,