09-13-1976 Regular Meeting (2)425
September 13, 1976
The regularly scheduled meeting of Mayor and Council was held pursuant to the
Charter on September 13, 1976, 7:30 o'clock P.M. at City Hall, Smyrna, Georgia.
The meeting was called to order by presiding officer Mayor Arthur Bacon. All
Councilmen were present. Also present was Chuck Camp, City Attorney, Willouise
Spivey, City Clerk, Lee Silver, Director of Parks and Recreation, Jim David, Supt.
of Public Works, Don Atkinson, Fire Chief, Everett Little, Police Chief, Gene
Hoaster, Building Inspector, J. S. Ross of Ross & Associates and representatives
of the press.
Invocation was given by Councilman Homer Kuhl, followed by the,pledge to the flag.
Terry Clayton from Jonquil Sporting Goods asked to present three plaques to the
Parks and Recreation Department. Mayor Bacon asked the Parks Committee, C. 0.
Canada, Rem Bennett and Homer Kuhl, along with Parks and Recreation Director Lee
Silver to accept the plaques. The first plaque stated the Smyrna Parks and
Recreation Department had been nominated for the "Gold Medal Award." The second
was the "Finalist Award" which states Smyrna is one of five in their class to make
the finals. The third was given on behalf of the Sports Foundation and the
National Sporting Goods Association for being a "Finalist." Lee Silver, Director,
on behalf of Mayor and Council and the Parks and Recreation Commission, thanked
Jonquil Sporting Goods for nominating us.
Mayor Bacon presented the Distinguished Valor Award to Scotty Powers for saving
the life of four year old Eddie Priest on August 17, 1976, at Jonquil Pool. Mr.
Powers is a teacher of Physical Education at the Griffin Middle School and assisted
Lee Silver this summer at the pools. Mayor Bacon praised the quick thinking and
know-how of Mr. Powers and the staff at Jonquil Pool.
James Pruitt, owner of Colonial Self Storage, asked for a set back variance on
South Cobb Drive in order to construct a building the same distance from South
Cobb Drive as the existing Brookview Apartments. Rem Bennett made a motion that
a variance be granted to allow Mr. Pruitt to build no closer to the street than
the existing apartments. The motion was seconded by Homer Kuhl. After discussion
about the exact footage of the variance, the motion and second were withdrawn.
Rem Bennett made a motion that we grant Mr. Pruitt a variance of the same set -back
of the existing apartments. Homer Kuhl seconded the motion. Building Inspector
Gene Hoaster is to determine the exact footage of the variance to be entered into
the minutes. Vote on the motion was unanimous.
Arden Howd, representing the owners of Crestwood Apartments, presented a
Resolution that they be approved to participate in the City of Marietta Section 8,
Housing Assistance Payments Program. Mayor Bacon stated he, Rem Bennett and Jerry
Mills had talked with the resident manager and he found no reason why we should
not adopt the resolution. Ms. Howd explained this was a City of Marietta funded
program, under the guidelines of HUD, Section 8. Applicants are screened on an
individual basis, and they cater to the elderly since they do not move as often,
and make good tenants. If an applicant meets the requirements and are approved,
the City of Marietta, Section 8, will pay a percentage of the rent. This was
referred to committee to be brought up at the next council meeting.
Bob Silliman stated that on June 28, 1976 he appeared before Mayor and Council as
Attorney for Radio Station WYNX and asked permission to erect a radio tower of
155 feet. They now find the height required by FAA to be 199 feet. Elbert
Coalson made a motion to approve the request of 199 feet in height for the tower.
C. 0. Canada seconded the motion and the vote was unanimous.
Jesse E. Wood, Jr. requested rezoning of property located in LL 450, Church
Street, Lots 100, 101, 102 and 79 feet of Lot 103, from R-15 to RM-12, for the
purpose of building one (1) seven -unit apartment building. He stated that
according to the present zoning he could build six single family dwellings. Mr.
Kuhl advised this property was only two lots of record and only two houses could
be built. Mr. Woods stated he had been told he could build six (6) single
family dwellings and if only two could be built he has been misinformed. Al
Morgan, spokesman for the opposition, stated that the residents of Church Street
had watched the City of Smyrna grow and Church Street shrink, first with the
sidewalks to the school gone and the installation of a traffic signal had greatly
increased traffic. He said the residents had suffered drainage problems, due
to the construction of existing apartments, and the city had spent quite a sum of
money on these drainage problems. It was brought out the Planning and Zoning
Board recommended the zoning not be approved due to the additional traffic and
(Continuation of September 13, 1976 Meeting)
narrow street. After more discussion Homer Kuhl motioned that due to traffic,
speeding and drainage problems the rezoning be denied. Jerry Mills seconded
the motion and the vote was unanimous.
Bids for a tractor loader backhoe were opened, read and are recorded as follows:
Ponce de Leon Ford Tractor Co. $17,177.00
Cobb County Tractor Co. 16,737.00 Alternate-$17,337.00
Cook Motor Co. 16,800.00 Alternate-$17,840.00
Homer Kuhl made a motion the bids be turned over to the committee with authority
to act on the low bid. Jerry Mills seconded the motion and the vote was
unanimous.
Bids for a 1977 Ford 4-Door Hardtop for the Fire Chief were opened, read and
are recorded as follows:
Carey Paul Ford $5,635.71
Harry White Ford 5,602.44
Strother Ford Co. 5,532.66
Jerry Mills made a motion the bids be turned over to committee with authority
to act on the low bid. Homer Kuhl seconded the motion and the vote was unanimous.
Commercial building permits were presented by Building Inspector Gene Hoaster
and upon his recommendations the following action is recorded:
(1) James Holman of 3001 Clifton Road, requested a back yard variance. The
building inspector stated a concrete and brick utility building was already built
and a neighbor had complained the building was too close, if not partly on her
property. Upon checking he found the building apparently was too close to the
property line. Mayor Bacon advised Mr. Holman that in order for us to give him
a variance, he would have to have the approval of the adjoining property owner.
Mr. Holman gave Mayor and Council a copy of a plat of his property. The
complainant, Ms. Evelyn Harris, also presented a survey plat of her property.
Ms. Harris' main complaint was that the building was too close to her property and
that several of her neighbors had built rooms, buildings, fences and walls without
getting permits from the City. She stated that two firms were called to survey
her property this week but neither finished the job. Attorney Camp stated he
could not determine from the plats if Mr. Holman was in violation. Homer Kuhl
advised Ms. Harris that Mr. Holman was in violation for not getting a permit and
that something would be done, and that she would be notified of the situation
as it progresses. Mr. Holman stated he did not know that he had to have a permit
and that he would get with City officials at their convenience and try to work
something out. Ms. Harris requested that everyone who had done any building be
made to get a permit. The request for a variance was tabled.
(2) W. M. Blankenship of 1195 Pinehurst Drive requested a variance to build a
15 x 25' concrete block utility building within three feet of the common property
line. Homer Kuhl stated he thought this house was located at the corner of
Pinehurst Drive and King Springs Road, and since there was no plat attached showing
where the building would be located on the lot, and Mr. Blankenship was not
present, the request was tabled until the next meeting.
(3) Jimmy Hiatt of 4160 Manson Avenue requested a permit to construct a ham
radio tower approximately 150 feet in height, FAA approval not required. Rem
Bennett made a motion the permit be granted. C. 0. Canada seconded the motion
and the vote was unanimous.
(4) Ed Ogar requested a permit to construct a dental office at the corner of
Elmwood Drive and Corn Road. Plans had been reviewed by the building inspector
and the fire marshall and they recommended the permit be approved. Jerry Mills
made a motion the permit be granted. Jim Tolleson seconded the motion and the
vote was unanimous.
9
(5) Henry Scott requested a permit to construct an all steel building at 2136
Frank Lane to be used as a body shop.- Plans had been viewed by the building
inspector and the fire marshall, and it was to be noted on the plans that he
would meet all the restrictions made when the property was rezoned. Elbert
Coalson made a motion the permit be granted. C. 0. Canada seconded the motion and
the vote was unanimous.
427
(Continuation of September 13, 1976 Meeting)
(6) Allen H. Halpern requested a permit to subdivide the old Top Value Store
building in the Belmont Shopping Center into two buildings. Plans had been
reviewed by the building inspector and the fire marshall and they recommended it
be approved. Rem Bennett made a motion the permit be granted. Homer Kuhl
seconded the motion. Jim Tolleson requested that separate water meters be
required. Vote on the motion was unanimous.
Gene Hoaster stated he had received a letter from the Smyrna Fire Department
requesting that he look into some unoccupied and abandoned dwellings on Ventura
Road, some of which had been set afire. The Fire Department stated the building
inspector had the authority under Southern Building Code, Section 103.4, to
condemn the buildings and have them removed. Gene stated he would contact the
owners and see what they would agree to do. Jerry Mills stated he thought some
of these houses had been condemned by the previous administration.
Jerry Mills reported that Prudential Insurance Company was awarded the contract
for the Employees Group Insurance. Clyde Woolsey and Earl Styes are the agents.
They are getting out a letter to each employee, explaining the coverage, and
will meet with employees next week to answer any questions.
Jerry Mills made a motion the Rules and Regulations Handbook and the Ethics
and Conduct Rules be approved. Homer Kuhl seconded the motion and the vote was
unanimous.
Lee Silver, as requested by C. 0. Canada, asked that bids on playground equipment
for King Springs Park be waived, as no two companies make the same playground
equipment. He said he would like to purchase the same playground equipment for
King Springs Park as we have at Askea Park, for approximately $3,000.00. C. 0.
Canada made a motion this equipment be purchased. Homer Kuhl seconded the motion
and the vote was unanimous.
C. 0. Canada requested approval to secure bids on a dump truck for the Parks
Department, to be opened at the next meeting. Lee Silver explained the truck
would be purchased instead of other equipment approved under Revenue Sharing.
The unofficial bid from one company was $9,234.41, plus $200.00 for painting, and
$9,242.00, plus $200.00 for painting from another company. After discussion as
to whether funds were available it was brought out the truck would.not be delivered
until October.' C. 0. Canada made a motion that bids be received for a dump
truck for the Parks Department. Homer Kuhl seconded the motion and the vote was
unanimous.
Homer Kuhl read a proposal from Plumbing Inspector W. L. Westbrook that the
following changes be made in the Plumbing Code:
Sec. 176, page 71, to read as follows:
SOIL, WASTE AND VENT MATERIAL
Sec. 176. All main or branch soil, waste and vent pipes,within the building
shall be of service weight cast iron, extra heavy cast-iron, lead, brass, copper,
galvanized iron or plastic. No galvanized steel or copper is to be used on urinal
connections.
Homer Kuhl made a motion this amendment to bhe Plumbing Code be approved. Jerry
Mills seconded the motion and the vote was unanimous.
Sec. 267, page 106, to read as follows:
SEWERS LAID THROUGH FILLED EARTH
Sec. 267. Where sewers are to be run, laid or installed or constructed
through filled earth, they shall be installed with not less than service weight, -
cast -iron pipe. All sewers of vitrified clay, concrete, plastic, or asbestos
cement sewer pipe shall be laid or installed on solid ground, and in no case where
sewer ditch is dug or graded too deep and has been filled in and tamped shall this
be considered as solid earth.
(a) Plastic pipe must have dirt placed on each side of pipe and hand to
before inspection. After inspection, dirt must be placed in ditch (6) inches
above pipe with shovel before tractor or earth moving equipment fills ditch.
In no case will rocks or hard material be used over pipe.
ed
Homer Kuhl made a motion this amendment to the Plumbing Code be approved. Jerry
Mills seconded the motion and the vote was unanimous.
(Continuation of September 13, 1976 Meeting)
Jerry Mills made a motion the minutes of August 2, 1976 be approved as submitted.
Homer Kuhl seconded the motion and the vote was unanimous.
Jerry Mills made a motion the minutes of August 16, 1976 be approved as submitted.
Rem Bennett seconded the motion and the vote was unanimous.
Homer Kuhl made a motion the minutes of August 30, 1976 be approved as submitted.
Jim Tolleson seconded the motion and the vote was unanimous.
Jim Tolleson made a motion the City Attorney be granted approval to file an
appeal in the LaFelle Ruff property rezoning case. Bill Darby seconded the
motion. Rem Bennett read the following letter which was hand delivered to the
City Clerk at 3:15 P.M. on the loth day of September, 1976:
The Honorable Arthur Bacon
Mayor of City of Smyrna
Smyrna, Georgia 30080
RE: R..L. Ruff, Sr. versus the City of Smyrna, Georgia, et al
Dear Mayor Bacon:
It has been called to my attention that the Mayor and Council of the City of
Smyrna are presently making certain decisions concerning the subject matter of the
above case. One of the councilmen, Mr. Rem Bennett, is disqualified from sitting
on any official body whereby decisions concerning the subject matter of the above
case are made. This arises out of the fact that the Bennett Realty Corporation
intervened in the above case and therefore has a personal interest in the out-
come of the same. Councilman Bennett, having an interest in said corporation, is
therefore disqualified and let this letter serve as notice to the City of Smyrna
that if this matter is not acted upon by the City that Mr. Ruff will invoke all
legal remedies available to him to assure the protection of his rights.
I feel certain that our position in this matter can be verified by your attorney
and he will agree with the announcement of Justice Head as early as 1950 whereby
he stated "the common-law rule, that no public agent may make a profit out of
public business intrusted to his care, is the rule in this State".
With kind regards, I remain
Very truly yours,
MCDONALD & DUPREE
SIGNED/ HYLTON B. DUPREE, JR.
HBD/as
Councilman Rem Bennett stated that he would, to protect himse-lf as well as the
City from another suit, abstain from voting on this motion.
Homer Kuhl said that he was in favor of the appeal, in that the ruling deprives
the elected officials of the right to represent the people who elected them to
office. Attorney Camp said that our appeal would be based solely on the errors
made in the Judge's ruling by not allowing us to introduce evidence. Elbert
Coalson said that in his opinion Ward 7 is being deprived of their representation,
since Rem Bennett cannot vote. Attorney Camp stated that although at the time
of the original vote to rezone the Ruff property, Bennett Realty Company did not
have interest in adjoining property, his advice to Councilman Bennett would be
to abstain from any vote tonight. Jerry Mills said -that if we do not appeal
this case, he felt that anytime a zoning was denied by the City, we would be
taken to court and all the zoning decisions would be made by the Judge. Attorney
Camp said he had been advised the cost of the transcript of the hearing would be
between $1200 and $1500, and he could not give the City a definite cost of the
appeal, but estimated the cost to be between $3500 and $5000, depending upon
the time involved. Discussion followed from the floor and it was the agreement
of all citizens speaking that the City should appeal the case. Mayor Bacon
called for a vote. Six voted for the motion and.one, Rem Bennett, abstained.
429
(Continuation of September 13, 1976 Meeting)
Rem.Bennett said he had met with Ernest Barrett, Chairman of the Cobb County
Board of Commissioners, about our dog problem, and at this point it seems Mr.
Barrett has agreed to let us have a truck, with a cage, and the right to dispose
of the dogs at the County Dog Pound. Attorney Camp is going to rewrite the county
regulations into an ordinance for adoption by the City. Rem Bennett said we might
be able to use a street employee to man the truck as it might not be a full-time
job. He also suggested we advertise the ordinance in the paper in order to notify
the citizens before we actually start picking up the dogs.
Committee Reports:
Jim Tolleson reported water billings last month was $103,714.02, with 81 new
connects and 62 disconnects.
Bill Darby made a motion that we place an order for Civil Defense equipment,
two mobile radios and one walkie-talkie, immediately in order to get it before a
price increase going into effect on the 27th of September. The equipment to be
delivered in January, 1977. Our cost of the mobile radios will be $2708 and
the walkie-talkie will be $1511. Homer Kuhl seconded the motion and the vote was
unanimous.
Bill Darby asked the police committee to meet with him and the Police Chief
immediately following the meeting.
Bill Darby stated he was concerned that so many people would turn out for a
zoning hearing and only about ten people showed up when we approved the City
budget of two and a half million dollars. He said he would like to see more of
the citizens at all the meetings and thanked those that do show up.
Jerry Mills made a motion that an examination be given to fill the Captain
vacancy now open in the Bureau of Fire Prevention, also that the pay grade of
said position be in line with that of a Captain in the Fire Department. Homer
Kuhl seconded the motion and the vote was unanimous.
Homer Kuhl stated there were still some discrepancies in the financial statements
but that they were being corrected. Collections are slow and the tax bills will
hopefully go out in October. It may be necessary to make a loan to tide us over
until taxes start coming in.
C. 0. Canada said that Lee Silvers and other Parks personnel would be leaving for
Boston to pick up the "Gold Medal Award" the 16th of next month.
Rem Bennett said that Mr. Fred Cox, with Commercial Sweepers, was in the audience
and had met with the committee about cleaning up our streets. Mr. Cox has
demonstrated the sweeper and Rem said that after the street department does the
initial cleaning, Mr. Cox would contract on any basis, whether hourly, weekly or
monthly. The first priority would be the commercial streets, then the residential.
Rem stated he would like for Randy Jones to start with the initial cleaning of
streets in the commercial areas as it probably will take him a month, and then
contract with Mr. Cox on either a weekly or monthly basis. By the time the
commercial streets have been cleaned we should know if we want him to clean the
residential streets, or contract him on a regular basis. Homer Kuhl stated that
since this. was not covered in the budget that he would like a schedule of the
anticipated monies involved. This was referred back to committee for more
detailed statistics next council meeting.
Rem Bennett stated that we needed to look at the $3.9 billion Public Works
appropriation and decide what we were going to do. Lee Silver explained the
grants. Lee also stated that BOR had approved.the parks project but that we must
actually own the land before the grant can be approved. Mayor Bacon will contact
the Senators about this. A meeting was called for Saturday morning to discuss
> these grants.
{
Citizens Input:
Su B issey asked that the ordinances on the books be enforced. Business should
be forced to clean up the property. Jerry Mills and Homer Kuhl explained the
long process of enforcing some of these ordinances, but that they were being
enforced.
Jack Schnall asked if we had received anything on the Federal Appropriation for
the study of sewer systems. Mayor Bacon advised him that we were in the process
of applying for this. The paper work is being filled out at this time.
(Continuation of September 13, 1976 Meeting)
Mayor Bacon reminded council that Jerry Elkins of the University of Georgia
would meet with us on the 16th of September at 11:30 A.M.
Next council meeting will be September 20, 1976.
Meeting adjourned at 10:10 P.M.
September 20, 1976
The regular scheduled mid -monthly meeting of Mayor and Council was held pursuant
to the Charter on September 20, 1976, at 7:30 o'clock P.M. at City Hall, Smyrna,
Georgia. The meeting was called to order by presiding officer Mayor Arthur Bacon.
All Councilmen were present with the exception of C. 0. Canada. Also present
was Chuck Camp, City Attorney, Willouise Spivey, City Clerk, Lee Silver, Director
of Parks and Recreation, Jim David, Superintendent of Public Works, Don
Atkinson, Fire Chief, Everett Little, Police Chief, David Granade, Acting Building
Inspector and representatives of the press.
Invocation was given by Councilman Homer Kuhl, followed by the pledge to the
flag.
C. M. Smelcer of 2760 Sanford Road requested a Residential Business License to
operate a small saw filing business in his home. After some discussion
Councilman Elbert Coalson made a motion the license be granted. Rem Bennett
seconded the motion and the vote was unanimous.
Mayor Bacon read a letter from Gene Hoaster in which he resigned the position
of City Building Inspector, effective September 30, 1976, due to a change of
full-time employment.
Mayor Bacon had asked Mr. Hoaster to make any recommendations he thought should
be made with reference to the position of building inspector. His recommendations
are as follows:
(1) There are some city ordinances that probably need to be changed and/or
dropped completely. I recommend a firm outside the city, review all the City
ordinances and make recommendations for changes.
(2) The sign ordinance needs revision and/or deletion so that it can be enforced
equally and adequately.
(3) The building inspector be a full time salaried employee of the City (not
on commission), responsible for enforcement of all the ordinances not otherwise
enforced by the Police or other appropriate bodies, as wll as enforcing the
business licensing.
(4) My recommendation for building inspector would probably be a tough, semi or
fully retired person with the construction background and knowledge to handle the
type of problems associated with the job.
(5) Also it may be possible to find a more fully qualified person who could do
the electrical, plumbing and heating and air conditioning inspections, along with
building inspection.
Homer Kuhl made a motion the building inspector, electrical inspector, plumbing
inspector, heating and air conditioning inspector be combined into one position,
to be entitled "Building Inspector", to be paid a salary, rather than on a
percentage basis. Jerry Mills seconded the motion and the vote was unanimous.
Mayor Bacon stated that ;'city employee, David Granade, was qualified to fill
this position of Building Inspector, and recommended he be given the job. Mr.
Granade will receive his Engineers Degree in December. Qualifications and require-
ments were discussed. W. L. Westbrook, plumbing inspector and Luke Boring,
electrical inspector, stated they had enjoyed working for the City. Rem Bennett
thanked all the inspectors for their cooperation and support of the City.
I