11-15-1976 Regular Meeting441
(Continuation of November 1, 1976 Meeting)
Jerry Mills stated the Rules and Regulation Handbook, Section 4, listed vacation
leave as follows:
"Regular city employees earn vacation at the rate of two weeks per year.
After completing ten years of service, employees earn three weeks per year.
After completion of twenty years of service, employees earn five weeks
per year. No employee shall receive pay in lieu of vacation leave unless
such payment is recommended by the department head and approved by the
Mayor and Council."
Jerry made a motion that Section 4, Vacation Leave (2) be changed to:
"Regular city employees earn vacation at the rate of two weeks per year.
After completing ten years of service, employees earn three weeks per year.
After completion of twenty years of service, employees earn four weeks
per year. After completion of twenty-five years of service, employees
earn five weeks per year. No employee shall receive pay in lieu of
vacation leave unless such payment is recommended by the department head
and approved by the Mayor and Council."
Homer Kuhl seconded the motion and the vote was unanimous.
Bill Darby read an article from "Response in Georgia" commending the Smyrna Civil
Defense Department for giving the defensive driving training course to city
employees.
Bill Darby stated the Sign Ordinance was being enforced, and signs were being
taken down for the candidates who did not post bond. The newspapers were notified
but to date we have had no press coverage.
C. 0. Canada reported the City was today, verbally awarded approximately eighty-
five (85) acres of the Dobbins Air Force Base property. One requirement was that
the property must be surveyed, and we are in the process of getting this done
within the next two weeks..
Mayor Bacon discussed the letter received from Tom Moreland of the State Highway
Department. He had contacted Emory Parrish and called a meeting for Monday night
at 7:30 P.M. to discuss Atlanta Road widening.
Mayor Bacon urged everyone to get out and vote on Tuesday.
Lewis Reagin commended the Parks and Recreation Department and the Civic Clubs
for a very successful Halloween Carnival at Cobb Center last Saturday night.
Meeting adjourned at 8:27 P.M.
November 15, 1976
The regularly scheduled meeting of Mayor and Council of the City of Smyrna was
held at City Hall, November 15, 1976 at 7:30 o'clock P.M. The meeting was called
to order by presiding officer Mayor Arthur T. Bacon. All Councilmen were present
except C. 0. Canada, who was absent due to illness. Also present was Chuck Camp,
City Attorney, Willouise Spivey, City Clerk, Lee Silver, Parks and Recreation
Director, Ron Egger, Controller, David Granade, Building Inspector, R. E. Little,
Police Chief, Don Atkinson, Fire Chief, Jim David, Superintendent of Public Works
and representatives of the press.
Invocation was given by Jim Tolleson, followed by the pledge to the Flag.
No action under Citizens Reports.
Zoning (1) I. D. and Ellen Moore requested property located at 1446 and 1450
Roswell Road be rezoned from Future Commercial to General Commercial. The grocery
store located on this property was granted.a land use permit years ago, and the
rezoning is being requested in order that they may also operate a lawn maintenance
business, and be able to store the equipment in the back yard. There was no
(Continuation of November 15, 1976 Meeting)'
opposition to the zoning. Mayor Bacon read the recommendation of the Planning and
Zoning Board which recommended to deny the rezoning to General Commercial, but
recommended instead it be rezoned 0. I. Homer Kuhl opposed the zoning, stating
it would be spot zoning, and made a motion,the zoning be denied. Motion died for
lack of a second. Jerry Mills made a motion the property be zoned General
Commercial,'with the stipulation.it be used only for a grocery store and lawn
maintenance business, excluding all other items listed under General Commercial
in the zoning book. Bill Darby seconded the motion. More discussion followed
and Homer Kuhl stated that to change the classification of the present zoning, off
street parking would be required. Mr. Moore stated they had sufficient off
street parking. A vote was called for and the motion carried five to one. Homer
Kuhl voted against.
(2) Glen Robinson, III and Thomas L: Fricks requested property located at 2365
Spring Road be rezoned from Residential to Office -Institutional. 'They were
represented at the hearing by Wes Baxter. Mr. Baxter stated that in his opinion,
0. I. was the best and highest use of this property. The owners had, as suggested
by the Highway Department, relocated the driveway. Also, a commercial type parking
lot had been graveled and a redwood fence installed around the property, all of
which improved the looks of the property. Mr. Baxter stated the owner wanted to
use the property for professional offices; either a real estate, doctor, or
lawyers office. In answer to a question to Glen Robinson as to why he changed the
driveway and completed the parking lot before it was rezoned, he stated he was
taking a chance, hoping it would be rezoned. It was brought out that a doctor
owned the adjoining property, which faces Carolyn Drive and it was feared he would
ask to have it rezoned. Jim Tolleson spoke against the zoning, stating the
traffic increase, closeness to the school, danger of children being hit as they
used the sidewalk and the fear of requests from other property owners to rezone.
Several people spoke in opposition to the zoning. A spokesman from Farmstead
Condominiums asked that if the zoning were approved, no parking would be allowed
on Farmstead Road. Mr. Baxter presented three lists of signatures, one containing
5 signatures of property owners who objected, another list of 5 who had no opinion
and the third list of 22 signatures who did not object to the zoning. Jim
Tolleson made a motion the zoning be denied for reasons stated above. Jerry Mills
seconded the motion. After discussion, Jerry Mills withdrew his second. Homer
Kuhl seconded Jim Tolleson's motion to deny: Vote on the motion was two for the
motion and four against. Jim Tolleson and Homer Kuhl voted to deny the zoning.
Elbert Coalson made a motion the property be rezoned from Residential to Office -
Institutional. Jerry Mills seconded the motion and the vote was four for and two
against. Rem Bennett, Elbert Coalson, Jerry Mills and Bill Darby voted to rezone.
Homer Kuhl and Jim Tolleson voted to deny the zoning.
December 6, 1976 was the date set to hear the appeal of the decision of 'Recorder's
Court for General E. L. Sparks, on motion by Jerry Mills, seconded by Bill Darby.
Vote on the motion was unanimous.
No commercial building permits requested.
Mayor Bacon reported he would report on the meeting with Department of Transpor-
tation officials at the next meeting.
Under Committee Reports, Rem Bennett read a letter from Pierce Gilliam requesting
a 4-way stop sign at Marston Street and Gilbert Street. This request was referred
to the Street Committee for study.
Jim David estimated the cost to run a sewer line to Winkenhofer Funeral Home on
Benson Poole Road would be $4,707.50. Mayor Bacon read a bid submitted by W. P.
Lord, dated March 5, 1973, to run this line for a cost of $2,765.00. John C.
Porterfield was present and Mayor Bacon asked if he remembered what action was taken
on this bid. Mr. Porterfield reported the City made a proposal to Wink that he
share the cost but received no affirmative action from him. Mayor Bacon said he
would meet with Wink before the next meeting.
Homer Kuhl made a motion to change the Rules and Regulations Handbook for the Fire
Department as follows: Under Duties of the Fire Chief, Section 8, delete "Until
a hearing is held by the Civil Service Board." Jerry Mills seconded the motion
and the vote was unanimous.
It was announced that Mr. Puckett of the State Fire Underwriters would meet with.
the Fire Committee on Wednesday.
443
(Continuation of November 15, 1976 Meeting)
Jerry Mills called out September 12, 1976 as the effective date for Maternity
Benefits.
Jim Tolleson stated he had written Charlie Jones requesting a Cobb County Police
Officer be stationed at the Argyle School crossing on Spring Road from 7:30 until
8:00 in the mornings.
Bill Darby made a motion bids be requested, to be opened at the next council meeting
for two police cars. He asked that bids be requested for a Ford LTD #2, police
package 4-door, and a_Ford Granada 4-door sedan. Also Chevrolet, Chevelle police
package, 4-door and Chevelle 4-door sedan. Jerry Mills seconded the motion and
the vote was unanimous.
Homer Kuhl reported tax bills would go out next week. He also asked that a meeting
of Mayor and Council be set up for Saturday morning at 9:00 to review the audit
first and adopt an Affirmative Action Plan.
In the absence of C. 0. Canada, Rem Bennett made a motion the City enter into a
contract for soil test borings at King Springs Park. Estimated maximum cost to be
$900, per Leroy Brownlee. Homer Kuhl seconded the motion and the vote was unanimous.
Rem Bennett made a motion the City enter into a lease agreement with the Smyrna
Athletic Association on the building at Ward Park. Homer Kuhl seconded the motion
and the vote was unanimous.
Mayor and Council commended Marion Wilhelm and Don Lillie for being named Lay Award
Winners by the Georgia Recreation and Parks Society for their contributions to
recreation in Georgia and Smyrna.
Rem Bennett made a motion the City install a catch basin to correct a bad drainage
problem on Manson Avenue at a point dividing property owned by W. S. Brown and
G. B. Redding, provided easements were secured. Jerry Mills seconded the motion
and the vote was unanimous.
Rem Bennett thanked the Civil Service Board for a good job at the Fireman's
suspension hearing last week.
Homer Kuhl recommended Winston C. Burger be awarded the "Distinguished Service
Award" for services rendered the City for so many years.
Citizens Input -- Sue Brissey asked what had happened about the street cleaning
project. Rem Bennett advised we were still working on the project, but could not
purchase a sweeper at this time.
Ken Nix said that before another House Bill is introduced in an effort to assess
our own taxes, he would suggest a meeting with Ernest Barrett, Chairman of the Cobb
County Board of Commissioners, the Cobb County Tax Assessor, and the Tax Commissioner,
to be sure they would support the bill.
There being no other business to come before this body, the meeting was adjourned
at 9:16 P.M.
November 20. 1976
A special meeting of Mayor and Council was held November 20, 1976 at 9:00 o'clock
A.M. for the purpose of reviewing the FY 1976 Audit and adopting an Affirmative
Action Plan. All Councilmen were present except C. 0. Canada who was absent due
to illness.
At 12:00 o'clock noon Homer Kuhl made a motion the meeting be an official council
meeting. Jim Tolleson seconded the motion and the vote was unanimous.
Homer Kuhl made a motion the "Affirmative Action Plan" be approved as submitted.
Rem Bennett seconded the motion and the vote was five for and one abstained. Jim
Tolleson abstained.
Homer Kuhl made a motion the meeting be adjourned at 12:04 P.M. Rem Bennett
seconded the motion and the vote was unanimous.