08-20-1973 Regular MeetingPAGE 179
(Continuation of August 6, 1973 meeting)
City Attorney Berl T. Tate stated he had received a copy of the U. S. Supreme Court
decision regarding the anti -smut ordinance; however, there were several unanswered
questions, such as what is a communtiy, can the city enact the ordinance, and make
cases, should the state law be followed, is it enforcable, etc., Mayor Porterfield
requested the -City Attorney to proceed on the basis as to what would best fit the
needs for the City. -
On motion by Forster Puffe, seconded by Jack -Miles,, September.19, 9:00,A. M.. through
September 28, at 5:00 P. M., were the dates set for qualification of canidates for
the City'of Smyrna;'November 3, 1973 elections. Vote,on the -motion was unanimous..
Closing date for voter registration was called out at October 4, 1973, at 5:00 P. M.,
on motion by Marston Tuck', seconded by Forster"Puffe.-'Vote on the motion was unanimous.
All Councilman were asked to submit at the next meeting the names of four people plus
one alternate, to work at the polls on election day.
The brick work for'the-addition'to the library was repor.ted,to.be almost completed. i
On motion by Forster Puffe, seconded by C. 0. Canada, the minutes of July 2 were approved
as submitted'.' The vote was_five'for the'.motion, Marston Tuck abstained.
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On motion by Forster Puffe, seconded by E. R. Coalson,•the ,minutes. of July 16, 1973 _ j`
were approved as submitted. -The vote was four for the motion, Marston Tuck and Jack
Miles abstained.
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Financial reports for the fiscal -year ending June 30, 1973 were deferred to the next
meeting.
Mayor John C. Porterfield read a letter from the State :Crime Commission .in regard to
minimum height requirements for City Police Department personnel. Councilman Marston
Tuck motioned that if there is height requirement it be discontinued immediately, Jack
Miles seconded the motion -and the vote was unanimous.
Mayor John C. Porterfield broughti:to the attention of Council that the City of Smyrna
this year had two state athletic champions -- the Pony League and the Connie Mack team,
and recommended that a resolution be prepared for both teams. Forster Puffe motioned
the Resolution be prepared for each•team. Arthur T. Bacon seconded the motion which
carried by unanimous vote.
Also called to the attention of Council by Mayor Porterfield was the Cobb County Law
Enforcement Association dinner on August 15,. at 8:00 P.M., Rich's Cobb Center, at
which time Senator Herman Talmadge will be guest speaker. All were urged to attend,
the tickets.for the dinner being'$4:OO.per person, and anyone desiring a,ticket should
�-• contact Capt. John Young.
Councilman Forster Puffe asked the status of the King Williams business license fee
on apartments. City Attorney Berl T'. Tate reported he understood a suit was pending
against the City by Kind Williams. Mr. Tate furhter stated he was awaiting a court
date on the case filed against the Burson Properties.(Norseman Apartment sewer tap
fees.)
There being no further business, the meeting adjourned at 10:21 P. M.
AUGUST 20, 1973
The regularly scheduled mid -month meeting of Mayor and Council was held at City Hall,
Smyrna, Georgia, August 20, 1973 and called to order at 7:30 o'clock P. M. by Mayor
John C. Porterfield. Councilmen present were: Jack Miles, Homer Kuhl, Marston Tuck,
and E. R. Coalson. Councilmen absent on vacation were Arthur T. Bacon and Forster
Puffe. Councilman C. 0. Canada was in Farmington, New Mexico with the Smyrna Sanders
Connie Mack.baseball team, the first team from Georgia to compete in the World Series.
Also present were: L. W. Charles, City Clerk, N. Proctor, Clerk, J. E. David, Supt.
of Public Works, Vic Broyles, Asst. Supt. of Public Works, Berl T. Tate, City Attorney;
Leon Hood, Building Inspector, C. C. Porterfield, Chief of Smyrna Fire Department,
George Hardy, Consultant Engineer, and a representative of the Marietta press.
Invocation was giveny by Reverend York Chambless.
PAGE 180
(Continuation of August 20, 1973 meeting)
Mayor John C..Porterfield reported the Connie Mack team lost the first game Friday
night but would play again Saturday night.
Under Citizens -Reports, Mr. Jere P. Williams appeared before Mayor and Council and
requested that Council set a hearing date to rezone property located at 630 Cherokee
Road from District "C" to C-1 commercial. On motion by Jack Miles, seconded by E. R.
Coalson, the hearing date was set for September 10, 1973. Vote on the motion was
unanimous.
Mr. Ralph Grady also appeared before Mayor and`Council under Item 2, Citizens Reports,
in regard to whether Council wished to disband or continue the Volunteer Fire Depart-
ment. Mayor John C. Porterfield stated he made a trip to the Georgia Firemen's Pension
Fund Office last week to obtain first hand information on requirements for Volunteer
Firemen to.participate in the pension fund since he certainly did not want to deprive
anyone who was eligible from participating in the pension fund. Mayor Porterfield
further stated he was convinced after talking to Mr. James H. Stewart that none of
the Smyrna group was eligible and gave each Councilmanaa copy of a letter signed by
Mr. Stewart clarifying what a volunteer fireman must have to get credit for prior service
in the fire department when applying for the Georgia Fireman's Pension Fundaag follows:
"CREDITABLE SERVICE"
(1) All service is with I. S. D. Class 8 or better Fire Departments with $5,000.00 or
more'equipment, located in Georgia.
(2) Attended 75% of all fires, meetings, drills, of past service; must be records
kept by the Fire Department as proof of Creditable Service.
(3) If the Fire Department failed to offer 8 hours of training and meetings per month
for Three Months in any calendar year, that year cannot be claimed as Creditable Service
by any member of the Department.
(4) Must have 13 years of Creditable Service at 50 years of age.
(5) Georgia Firemen's Pension Fund Board of Trustees and/or Secretary -Treasurer of
Fund has the right to examine the Department records at any time they deem necessary.
Councilman Marston Tuck motioned that the matter be retabled for an indefinite period
of time to allow all volunteer firemen an opportunity to apply for the pension fund,
if eligible. It was the consensus of Mayor and Council that the volunteer fire depart-
ment would be considered on an inactive basis until the item is placed on the agenda
at some time in the future for formal action.
A zoning hearing on property located at 1073 Concord Road from District "C" to C-2 for
a tire and alignment shop was withdrawn on request of Mr. Harvey Nix, agent for Mr.
James Chamblee, who was not present at the meeting.
On motion by Marston Tuck, seconded by E. R. Coalson, permission was granted for approx-
imately 2.7 acres of land, located at 2931 Atlanta Road,.tacross from the entrance of
Brawner's Hospital, to be used for church purposes, the property being located in an
'R-1 zoning classification. Mr. H. L. Scoggins, representative for the petitioner,
was informed that Smyrna's new future land use map listed this area as C-1 commercial.
Mr. Scoggins stated this would be agreeable with the petitioner. The name of the new
church will be the Trinity Baptist Church, Inc. Vote on the motion to permit the church
to be built in an R-1 area was unanimous.
Mr. and Mrs. J. L. Williams of 911 McLinden Avenue'and other citizens from the immediate
area, confronted Mayor and Council with the surface water drainage problem from Concord
Gardens and Old Smyrna Village Apartments property. Mrs. Williams stated she had learned
there was no easement and the drainage ditch was located about ten feet inside her
property. City Attorney Berl'T. Tate stated the only alternative, if the problems could
not be worked out between the property owners,twas for the citizens to enter a civil
law suit against the parties concerned. Mayor Porterfield asked Councilman Homer Kuhl
to set up a meeting with owners of the two apartment projects, city officials, and the
concerned citizens, within the next two weeks to try to work out a solution which would
be satisfactory to all, in order that a definite answer could be given the citizens at
the next meeting on September 10. ••
Ii There were no commercial building permits to be submitted to Mayor and Council.
Consultant Engineer George Hardy reported all water lines on Love -Concord had been in-
stalled with only closing connections and final tie-ins to be completed. Mr. Hardy
also reported that C. W. Matthews Contracting Company had begun grading the week before.
Mr. Hardy further reported that Nichols Contracting Company should complete work on
Love -Concord this week and he had been informed they would have two crews on South
Cobb next week.
PAGE 181
(Continuation of August -20, '1973 meeting)
I -w7as .reported. that all three county 'resurfacing projects had been coinpl'eted
paper=work for the centerlining was in the"state office.'
There.. was} no, report on -the. Atlanta Street right of -way widening project."
In the absence of.Councilman Forster Puffe, a report on the Civic -Center progress
was: de f erred...
.A report on the Parks and Recreation committee program was also deferred in the
absence of Councilman C. 0. Canada. -
...... Cost of the addition to the City 1 rary as of .this" date was' reported -as"$15,485':17.
The project is expected to be "completed within the next week. "'''
City- Clerk L. W. Charles reported that" a representative df the -" L t''s-'Clean 'Up Our
City" project wouldbe present at the °Sep'tember' '10;, 1973-_meetiiig.-.'
Appointments for. a Superintendent for the- City election 't-o'-be- held- November 3',!' 1973,
.........as. well as, ,ap.pointees..from each ward .to work ,as. managers, poll -workers, alternates,
etc. was deferred to the next meeting.
Public Works Superintendent/J. E. David reported that work should begin resurfacing
Hickory, Acres .Drive' this week: and .Jonquil Drive- Extension wbuld� 'follbw.-
Councilman Marston Tuck stated he would have a report on the high band b'ase'stdeion
at the September 10, 197.3 meeting.
Financial reports for June 1973 and twelve -months period ending.June 30, 19-73 were
deferred to the next meeting.
The Agenda being completed the following action is recorded:
Mayor John C. Porterfield stated he had received a letter from Mr. Musgrove of the
Department of Transportation inzregard.to a previous agreement with the City to four
lane Atlanta Street from Love Street to Powder -Springs Street., Mayor Porterfield stated
he -would like. -to meet with State officials again and ask for a third land from Powder
Springs.to Hawthorne Street. The,Street Committee was requested to continue efforts to
obtain rights of way on Atlanta Street. ,
Mayor John.C. Porterfield reported -estimates had been received from C. W. Matthews
Contracting Company for paving the areas at the intersection of Church and Atlanta
Street and Concord Road and Hollis Street.. The Street Committee was•.requested to
checkout the proposals for widening the two areas and report back at the next meeting.
A letter wasIread by Mayor Porterfield from the Manager of Cobb Cinema commending
Public Works Supt. J. E: David on the efficient manner in -which he.handled stopped up y
sewer lines at the theatre. "1
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On the recommendation of Mayor J.. C. Porterfield, and.on motion by:Marston Tuck, seconded'
by Jack Miles, Council authorized approval of a one-half page ad in the football programs
for the Campbell High and Wills High Booster Clubs. Vote on the motion was unanimous.
On motion'by E.-R. Coalson, seconded by Marston.Tuck, authorization was granted to purchase
the 1972 pick-up truck for the Water Department from John Smith Chevrolet,in the amount
of $3179.87.;, The John Smith bid was only $76.00 above the low bid of $3103.72 and the
low bidder could not promise delivery for at least ninety days,: Vote on the motion was
unanimous:
Consultant' Engineer George Hardy presented Mayor and Council with a gift of an aerial .
photo mapiof the Smyrna area made in January 1973. The Mayor and all Councilmen ex-
pressed their gratitude to Mr. Hardy and Mayes, Sudderth, and Etheredge for the excellent
photo map.
The meeting adjourned at 8:32 P. M.
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