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09-08-1975 Regular Meeting341 SEPTEMBER 8, 1975 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, on September 8, 1975 and called to order at 7:30 P. M. by presiding officer Mayor John Porterfield. All Councilmen were present. Also pre- sent were L. W. Charles, City Clerk, Berl T. Tate, City Attorney, J. E. David, Supt. of Public Works, Nora Proctor, Clerk, Lee Silver, Director of Parks and Recreation, Don Atkinson,-Asst. Fire Chief, Leon Hood, Building Inspector, George Hardy, Consul- tant Engineer, and member of the press. Williouse Spivey was absent. Invocation was given by Councilman Homer'Kuhl, followed by Pledge to the Flag. Jack Lighthouser and Mrs. Lighthouser, and Charlie Hayes, Coaches and members of the first division girls softball team.were present. They were congratulated by Mayor and Council on winning second place in the state tournament. The girls were presented charm bracelets by Mayor and Council and the coaches were presented key chains. The coaches thanked Mayor and Council for their support in providing fields, etc. Mr. McGahee of Birch Street complained they still had a rat problem. The City Attorney stated there were three owners of the vacant property back of the resi- dents on Birch Street and a quit claim deed would be needed from each. C. 0. Canada stated ha would like to see a copy of the letter which was mailed to the owners of the vacant property and if it does not suffice, recommended Berl Tate write another letter giving them ten days to clean up the property; if this is not done the City would clean up the property and bill the owners. An application for a residential permit for the "Sale of Burglar Alarm Systems" was approved for Mr. H. E. Smith, 202 Doeskin Trail. A petition was submitted signed by residerits"within 300 feet stating they had no objection. Earle Cochran made the motion to approve the permit which was seconded by Forster Puffe, and the vote was unanimous. Mr. William D. Lester appeared before Mayor and Council to appeal a decision of Recorder's Court, Docket #23136, heard August 7, 1975. Mr. Lester and Officer Jerry Stevens and Steven D. Nettles were sworn in by Attorney Berl Tate. Mr..Lester stated when he was stopped he was told it was a "Routine License Check", then he was given the balloon test, then taken to the police station and was given a breathalizer test, at which time he was charged with D.U.I. Mr. Lester stated he was given the opportun ty.:w.o€bg.,,bxeAthalpzer?ht.est o,rblobdi�te#t.�,4ud-.�-tagreedz;to.. take the breathalizer test; however; he did" not` -'feel' Officer Stevens° was -"qualified" to give the test as he did not think it should show 1.18 because he did not think he had had that much to drink. Officer Stevens stated he had given many tests and was sure he was qualified' b.," and the test was correct. Earle Cochran motioned to uphold the decision of the Re- corder's Court. Forster Puffe seconded the motion and the vote was unanimous. After having been checked out by Lt. David Farmer and everything found in order, three alcohol beverage applications were approved as follows: John S. Bozik, 2410 South Cobb Drive, Tenneco Service Company, Beer and Wine (package). Approved on motion by Forster Puffe, seconded by Jerry Mills. The vote was five to two, Homer Kuhl and Earle Cochran opposed. Richard Y. M. Chen, 2326 South Cobb Drive, Peking Gardens, Inc., Beer and Wine (pouring). Application granted on motion by Jerry Mills, seconded by'Forster Puffe. The vote was five to two, Homer Kuhl and Earle Cochran opposed. Anelia L. C. King, 3350 South Cobb Drive, Smyrna Market, Beer (package). Approved on motion by Forster Puffe, seconded by Jerry Mills. The vote was five to two, Homer Kuhl and Earle Cochran opposed. ' Sealed bids were opened, read,,and are recorded below on a truck for the Street Depart- ment: Trade City Alternate Bid, Peach State Fbrd Capital Ford One Bid - No Name (1975) $8,695.48 (1975) $7,598.76 (1975) $7,688.55 (1975) $7,875.28 (1976) $7,478.99 (1976) $8,102.00 (1976) $7,877.96 Sealed bids were opened, read, and -are recorded as follows for the Sanitation Department: Harry White Ford (1975) $8,263.00 (1976) $8,041.96 Capital Ford Trucks Alternate Bid Trade City (1975) $8,360.00 (1975) $8,521.36 (1975) $9,443.48 (1976) $8,214.00 All.bids were referred to the street and sanitation committee for check out of specifi- cations and recommendations at the next meeting. 342 (Continuation of September 8, 1975 Meeting) One commercial building permit was submitted by Building Inspector Leon Hood. Don - Lon Contractors, Sunset Avenue, requested a permit to add a second floor for office purposes on their present structure. The permit was approved on motion by Earle Cochran, seconded by Marston Tuck subject to removal of a gasoline pump at the drive- way area and check out by the fire prevention bureau. Vote on the motion was unanimous. Mr. Lee Eubanks requested a permit to move a residential struture from South Cobb Drive to Stephens Street. The permit was approved on motion by Earle Cochran, seconded by Jerry Mills, with the stipulation that the structure would be completed within 90 days and all outside work completed within 120 days from date of'the move. The vote was unanimous. On motion by Jerry Mills, seconded by C. 0. Canada,-.the.:1970 Chevrolet (previously:used- by the fire prevention bureau) was surplused with a request to open bids (in present condition) at the next meeting. Vote on the motion was unanimous. Progress at King Spring Park was reported as follows: Building 50% complete, lighting 30% complete, base 90%, and grassing 50%. Jerry Mills reported grading had been completed for the new fire station, foundation was in work, and construction of the building should begin in about two weeks. Jerry Mills requested the administrative committee to prepare an Ordinance on pawn shops to be submitted at the next meeting. On motion by Jerry Mills, seconded by Homer Kuhl, a form was approved for each pawn broker to submit a list of items pawned each month to the police department with the driver's license number of the person pawning the item. Marston Tuck reported the estimated cost quoted on extension of Jonquil Drive was as follows: curb and gutter, $5,985.00; paving $13,337.00, and drainage $17,210.00. Mayor Porterfield asked J. E. David to recheck this estimate and he would then contact Commissioner Earnest Barrett. It was reported that the Parks and Recreation and Purchasing Departments have been re- located in the City Hall Annex. The minutes of Mayor and Council meeting of August 4, 1975 were approved as prepared and submitted on motion by Jerry Mills, seconded by C. 0. Canada. Vote on the motion was unanimous. rg The minutes of August 9, 1975 meeting were approved as prepared and submitted on motion by Jerry Mills, seconded by C. 0. Canada, and the vote was unanimous. The minutes of August 18, 1975 meeting were approved as prepared and submitted on motion by Jerry Mills, seconded by Forster Puffe. Vote on the motion was unanimous. Departmental Financial reports for July were deferred to the next meeting, pending corrections. It was reported the audit report should be ready for discussion and or approval on September 22, 1975. A parcel of land located in land lot 554, 17th district, 2nd Section „ Cobb County, was annexed into the City on motion by Homer Kuhl, seconded by Forster Puffe, and made a part of Ward #2. The request to annex the property was made by R. M. Barnett owner, and is known by present numbering system as 1604 Lee Street. The property was annexed under Cobb County zoning,R,20. Vote on the motion was unanimous. 4 A request was made by Helen.C. Crowson, owner of vacant property on Pat Mell Road, to annex approximately 500 feet of property west of Highway #3 into the corporate limits of the City of Smyrna. The property is located in land lot #421, 17th Section 2nd District, Cobb County. `On�\potion by Homer Kuhl, seconded by E. R. Coalson, the property was annex- ed into the City under R-20 zoning and made a part of Ward #6. Vote on the motion was unanimous. Mayor John Porterfield reported that a suit had been filed against the City - Greene v/s Segars, regarding accident on Spring Road. Mayor Porterfield also stated a suit had been filed against the City of Smyrna and Mayor And Council and against the Mayor and each Councilman individually also Leon Hood, building inspector, by J. P. White regarding addition to City Hall. Earle Cochran motioned that Berl T. Tate be authorized to prepared defense of Mayor and Council members in the case. The motion was seconded by C. 0. Canada and vote on the motion was unanimous, At the request of C. 0. Canada, Earle Cochran stated!.Ihe,,would:work with�the police depart- ment in having someone fill in fSr Parks Ranger Rick Willborn while he is aftend'ing school, (Continuation of September 8, 1975 Meeting) 343 Jerry Mills stated that during the month of August there were no fire losses, this being the second month with no fire loss reported. Earle Cochran reported that the City has been granted $13,131.00 for crime prevention, with the federal grant funding 90%, provided the City would fund 10%, or $1,313.00. Earle Cochran motioned Council accept the grant. Marston Tuck seconded the motion, and the vote was unanimous. Forster Puffe requested that the next agenda include suite pending against Norseman Apartments and King Williams Realty. Homer Kuhl motioned that expenditures in the amount of $46,386.00 for the first quarter of Revenue Sharing be approved as agreed upon at a former meeting. Forster Puffe seconded the motion and the vote was unanimous. Marston Tuck motioned that the last five items listed under Civil Defense for the first quarter be approved and bids received at the nest meeting. C. 0. Canada seconded the motion and the vote was unanimous. It was reported that a meeting was scheduled for Tuesday, September 9, at 1:30 P. M. with the Department of Transporation officials, Mayor and Council and J. E. David. On motion by Marston Tuck, seconded by E. R. Coalson, it was agreed that a request would be submitted to the state for approval of a traffic light at the intersection of Glenroy Place and Spring Road. Vote on the motion was unanimous. Marston Tuck moved that Mayor Porterfield set up a meeting of Mayor and Council and the Chief of Police. Forster Puffe seconded the motion. The vote was six for, Earle Cochran abstained. Due to traffic problems at the Mini Park at McCauley and Pinedale, Homer Kuhl moved that no parking signs be erected on either side of McCauley, from Concord Road to South Cobb Drive, also eliminate parking on the north side of Pinedale for a distance of 150 feet in the 1000 block beginning at the intersection of McCauley and extending westward. Earle Cochran seconded the motion which carried by unanimous vote. A proposed cost of living plan to be included in the Empolyees Retirement Policy was deferred to the next meeting. The meeting adjourned at 10:08 P. M. SEPTEMBER 22,.1975 The regularly scheduled mid -month meeting of Mayor and Council was held at Smyrna City Hall, September 22, 1975, and called to order at 7:30 P. M. by presiding officer Mayor Porterfield. Two Councilmen were absent: C. 0. Canada of Ward #5 and Earle Cochran of Ward V . Present were L. W. Charles, City Clerk, Nora Proctor, Clerk, Berl T. Tate, City Attorney, Leon Hood, Building Inspector, Lee Silver, Director of Parks and Recreation, J. E. David, Supt. of Public Works, George Hardy, Consultant Engineer and representatives of the press. Invocation was given,by Councilman Homer Kuhl, followed by the Pledge to the Flag in unision. Mayor Porterfield recognized, thanked, and presented Distinguished Citizens Certificates to members of the Parks and Recreation Commission for their valuable contribution to the Parks and Recreation Program. Members -are: Don Lillie, Marion Wilhelm, Bob Arnold, H. C. Cheshire, Claude Eason, Billy Stephens and Lynn Henderson. A Proclamation proclaiming November as "Poppy Month" and November 8, 1975 as "Poppy Day" was presented to Mrs. Tom Corso, American Legion Auxiliary. Mayor Porterfield stated a letter was mailed to owners of vacant property located at the rear of residents on Birch Street and between commercial establishments on South,Cobb Drive, giving them ten days to clean up the property. Councilman Elbert Coalson stated that as of Saturday the property had not been cleaned up; therefore, the City would clean the property and bill the property owners. Councilman Marston Tuck motioned, on the recommendation of the street committee, that Trade City Mortors be awarded the bid for the dump truck, per bid submitted September 8, 1975 in the amount of $7598.76, since the truck could be delivered immediately, and the low bidder would require 60 days. The motion was seconded by E. R. Coalson and the vote was unanimous.