07-12-1976 Regular Meeting415
July 12, 1976
The regular meeting of Mayor and Council was held pursuant to the Charter at
City Hall, Smyrna, Georgia, July 12, 1976, and called to order by Mayor Arthur
Bacon at 7:30 P.M. All Councilmen were present. Also present was Attorney
Chuck Camp, Willouise Spivey, City Clerk, Lee Silver, Parks and Recreation Director,
Jim David, Superintendent of Public Works, Don Atkinson, Fire Chief, Everett
Little, Police Chief, Gene Hoaster, Building Inspector, a representative of J. S.
Ross & Associates and representatives of the press.
Invocation was given by Homer Kuhl, followed by the pledge to the Flag.
No action under Citizen Reports.
A business license to sell Malt Beverages (Package) only was requested by George
Doyal, Dutch Farm Store, 1741 Roswell Road. Mr. Doyal was present and stated the
only thing he owed the City was a delinquent sanitation charge, approximately
$400.00, for which he had arranged to pay $100 per month until paid. Bill Darby
made a motion the Malt Beverage business license be granted. Jerry Mills seconded
the motion and the vote was six to one. Homer Kuhl voted against the motion.
Mayor Bacon stated the .employees group insurance bids were still being checked.
Jerry Mills said they had been narrowed to four (4) companies and a called meeting
to go over them would be held next week.
Mayor Bacon stated that a rumor was circulating the city had wrecked a case loader
for which we paid $35,000, and we were trying to cover it up by surplusing the
piece of equipment. According to the minutes the case loader being surplused was
purchased in 1965, from McGill Equipment Company for $8,000.00 The equipment
will crank but will not operate. The cost to put it in operating condition would
be $3,000.00, which would not include the cost of transmission work which needed
to be done.
Bids were opened, read and are recorded as follows:
Surplused Case Loader: J. E. Lovern Construction Co. $2,000.00
3980 Corn Road, Smyrna
Billy P. Gibson $ 678.50
137 Smyrna Powder Springs Rd.
Marietta, Georgia 30060
C. 0. Canada made a motion the bids be turned over to committee, with authority
to act on the high bid. Rem Bennett seconded the motion and the vote was unanimous.
Deep Fryer Counter Top Grill (KSP)
Whitlock -Dobbs, Inc. $248.50 $408.25
Wright Hotel Supply Co. 255.00 (15 lb) 565.00
397.00 (30 lb)
Atlanta Fixture & Sales 261.78
410.94
Homer Kuhl made a motion the bids be referred to the Parks and Recreation
Committee, with authority to act on the total low bid. Vote on the motion was
unanimous.
Bleachers - King Springs Park: No bids received.
Kitchen Equipment - King Springs Park:
Range Refrigerator Freezer
Electric Sales and Service $169.46 $649.95 $339.50
Homer Kuhl made a motion the bids be referred to the Parks and Recreation Committee
with authority to act. Jerry Mills 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) R. W. Murray requested a permit to remodel the building at 581 Cherokee
Road for use as an insurance company office. Plans had not been approved by the
Fire Marshall, but after reviewing the plans, Gene Hoaster recommended they be
(Continuation of July 12, 1976 Meeting)
approved. Jerry Mills made a motion the permit be approved, subject to the
Fire Marshall's approval. Rem Bennett seconded the motion and the vote was unanimous.
Mayor Bacon read a letter from Gene Hoaster reporting his findings of the
violation of buffer zone restrictions at the Farmstead Condominiums. His con-
clusion was that the developer has fulfilled the requirement of a 60 foot natural
buffer between the condominiums and the adjacent property. The problem the
owners have, in his opinion, is caused by poor drainage of rainwater away from
the rear of their condominiums. The problem has probably gotten progressively
worse over a period of time due to natural erosion of the bank and the filling
of sedimentation in the drainage swale. Mrs. Sandra Speer, owner of one of the
condominiums, stated that the swale had been created by the builder and she thought
the natural turn of water was a state violation. Homer Kuhl stated he thought
this a private matter, and Attorney Chuck Camp advised Mrs. Speer to have her
attorney call him, and he would be glad to discuss it with him.
Jerry Mills made a motion that the appeal of the decision of recorders court
for Lawrence Keith DuBuisson be heard at the next council meeting, July 19, 1976.
Homer Kuhl seconded the motion and the vote was unanimous.
C. 0. Canada made a motion to close the City Hall on Saturdays, effective next
Saturday. Jerry Mills seconded the motion. Homer Kuhl stated he objected this
action, as $800 per Saturday was collected, for an average of nine weeks, which
showed the citizens did come to the City Hall on Saturdays. Elbert Coalson
stated he thought the employees should have Saturdays off. After discussion,
vote on the motion was six to one. Homer Kuhl voted against the motion,
Jerry Mills stated if the City Hall closed on Saturdays, the hours should be
extended from 8:30 until 5:30. After discussion it was decided the Finance
Committee should set the hours.
C. 0. Canada asked all council to read the copy of the Rules and Regulations for
the Parks and Recreation Department, and they would be discussed at the next
meeting. The Parks and Recreation Commission had read and approved them; the
City Attorney had also checked and approved.
Mr. Canada stated that he and Lee Silver were going to Macon with reference to
the grant of $100,000. One additional application must be filled out.
Homer Kuhl made a motion to approve the budgets as presented, the only change
being the $1200 in the Parks and Recreation budget. Jerry Mills seconded the
motion. He suggested that we take a look at the anticipated income at a later
date, and if feasible some raises could be given. Mr. Kuhl stated he had no
objection to that, and that two firemen would be added later. Elbert Coalson
asked why the Sanitation supervisor did not make as much as the supervisor of
Streets. Elbert Coalson made a motion to amend the motion to raise the Sanitation
supervisor to the same as the Streets supervisor. Jerry Mills seconded the motion.
Vote on the amended motion was unanimous. A vote on the original motion to approve
the budget was unanimous.
Approval of the June minutes was deferred to the next meeting.
Under citizens input, Mrs. Sue Brissey asked if the citizens could still come to
the City Hall on Saturday mornings to talk with councilmen. She was assured
council would still have meetings on Saturday mornings and the public was welcome
to come.
Ms. Sandra Speer stated that if City Hall closed at 5:30 P.M., people who worked
in Atlanta could not get here by that time.
Jack Schnall thanked Lee Silver and his staff for the wonderful job they did
during the Bicentennial celebration.
Lee Silver gave the Bicentennial Committee a lot of credit for the successful
Bicentennial Celebration.
A meeting was called for 9:00 A.M. Saturday morning to review the insurance bids.
Mayor and Council agreed that Mrs. Ester Cearfoss could use the council chamber
for a public meeting on the problems of teenagers. The date to be set by
Mrs. Cearfoss. The mayor said he would attend.
Meeting adjourned at 8:35 P.M.