12-19-1975 Special Meeting362
Approval of minutes of November 3rd, 8th and 17th was deferred.
On motion by C. 0. Canada, seconded by Jerry Mills, a change order in the amount
of $1,462.50 for the grading contractor at King Springs Park was approved by unanimous
vote.
Marston Tuck moved that we ask our legislative delegation to change election day for
the City to the first Tuesday in November (this to be included in the House Bill).
The motion was seconded by Forster Puffe and carried six to One. Homer Kuhl opposed.
On motion by Earle Cochran, seconded by Marston Tuck, J. E. David was requested to
contact the county commissioners in regard to installation of an overhead blinking
caution light east of Havilon and west of Concord Lane, also west of the intersection
of Havilon and Concord Road. Vote on the motion was unanimous.
It was agreed by Council members and the City Attorney that the wall erected by
W. S. Brown was on his property and correction of water drainage on the property
of B. G. Redding would require civil action.
Earle Cochran stated that due to complaints he had received regarding Chief Robert
L. Drake and from the investigation conducted by Mayor and Council the past several
weeks, and since the Chief had been given an opportunity to retire and had not done
so, it was necessary that he motion that R. L. Drake be terminated as Chief of Police.
Jerry Mills seconded the motion. The motion carried four to three. Voting for the
motion, Earle Cochran, Jerry Mills, Forster Puffe and Marston Tuck. Voting against
the motion, C. 0. Canada, E. R. Coalson and Homer Kuhl. Mayor Porterfield stated
he would veto the motion on the morning of December 16th.
Forster Puffe motioned that Bob Birchfield be named zoning administrator. Homer Kuhl
seconded the motion which carried by unanimous vote.
Forster Puffe motioned that 14 to 16 pound turkeys be purchased from Food Giant as a
Christmas gift to all full time city employees. C. 0. Canada seconded the motion
which carried by unanimous vote.
Forster Puffe motioned that Thursday, Friday and Saturday be given as Christmas
Holidays for City personnel, with the exception of fire and police and skeleton crews
in public works, but to include clerical workers in the police department. The
motion was seconded by Marston Tuck and the vote was unanimous.
Marston Tuck motioned that any clerical help in the police department not given the
Friday after Thanksgiving be given a day off before Christmas. Earle Cochran seconded
the motion. The vote was four to three. For the motion, Marston Tuck, Earle Cochran,
Forster Puffe and Jerry Mills. Voting against the motion, Homer Kuhl, C..O. Canada
and E. R. Coalson. '
Marston Tuck requested Don Atkinson and electrical inspector Luke Boring to check on
Christmas lights strung down banisters in some of the apartment complexes.
Marston Tuck read a Resolution regarding the second annual Law Enforcement Blood
Drive and motioned that Mayor and Council adopt the Resolution and encourage law
enforcement personnel to participate on a regular basis. Forster Puffe seconded
the motion and the vote was unanimous.
The meeting adjourned at 10:22 P. M.
December 19. 1975
A special meeting of Mayor and Council was called for 5:30 P. M., Friday, December
19,1975 for the purpose of opening bids for resurfacing 3.670 miles of streets.
The meeting was called to order by presiding officer Mayor John C. Porterfield.
All councilmen were present except Homer Kuhl. Mr. Kuhl was thirty minutes late.
Also present were Willouise Spivey, Acting City Clerk, Bob Birchfield, Administrative
Assistant, J. E. David, Supt. of Public Works and representatives of the press.
Bids were received, read and are recorded as follows:
- ''%.
9/6 i6e a/ YM) xna
POST OFFICE BOX 1226
SMYRNA. GEORGIA 30060
December 16, 1975
4
MAYOR TO: Mrs. Willouise Spivey, Acting City Clerk
JOHN C. PORTERFIELD
FROM: John C. Porterfield, Mayor
THE J
TELEPHONE
4
SUBJECT: Veto of council action of December 15, 1975 pertaining
to the dismissal of Police Chief R. L. Drake.
In accordance with section 2-1003 of the city charter, this
f. will be my official notification of my veto of the council
CITY COUNCIL action of December 15, 1975 concerning the motion to fire
Police Chief R. L. Drake. As required by the above mentioned
section 2-1003, the reasons for the veto are as follows:
WARD 1
MARSTON TUCK 1. This was not a police committee decision since two of the
WARD three committee members voted in opposition to the motion.
FORSTER PUFFE
WARDS 2. During the entire investigation conducted by city council,
JERRY MILLS the evidence presented was inconclusive, sometimes obviously
WARD 4 biased as well as politically motivated.
HOMER KUHL
3. By their own admission, two members of city council were
WACAN biased in their deliberation and in m opinion not able to
C. O. CANRD 5ADA y p
reach a fair and just verdict.
WARD 8
ELBERT COALSON
4. In conclusion, no evidence was presented to me to justify
WARD such a drastic action as dismissing a man three years prior
C. EARLE COCHRAN to retirement with an outstanding record of 13 years service
to the City of Smyrna.
In accordance with the charter requirements, please have this
letter entered of record on the minutes of the council.
CITY CLERK
L. W. CHARLES Respectfully submitted,
CITY ATTORNEY C.
BERL T. TATIE C. Porterfie Mayor
John
ity of Smyrna
363
C. W. Mathews
MacDougald-Warren
Crabbe Paving
McIntosh Paving
C. A. Thackston
Leveling Leveling Asph.
Tons/ Total Tons/
185/17.85 3,302.25 3126/17.85
185/16.50 3,052.50 3100/16.00
185/13.88 2.567.80 3275/13/88
185/20.00 3,700.00 3100/18.00
Hauling only $5.50 (+12.00)=17.50
Stewart Bros. 185/17.10 3,163.50 3100/17.10
Southern Pavers 185/17.25 3,191.25 3100/17.25
Bids were referred to committee with authority to act on
Asph. Patching
Total
Grand
55,799.10
59,101.35
49,600.00 /25.00
52,652.50
45,457.00
48,024.80
55,800.00
59,500.00
ton 3,237.50
54,250.00
57,487.50
53,010.00
56,173.50
53,475.00
56,666.25
the low bid.
Marston Tuck called a meeting of the street committee following this meeting.
Marston Tuck asked that other matters be discussed at this meeting. Mayor Porter-
field stated that according to the charter other matters could not be discussed
at a special called meeting, without the unanimous consent of all Mayor and
Council. Marston Tuck made a motion to discuss other matters. Earle Cochran
seconded the motion and the vote was six to one. Clarence Canada voted against
the motion.
Meeting adjourned at 6:10 P. M.
December 29, 1975
' A special meeting of Mayor and Council was held Monday, December 29, 1975, at
7:30 P. M. at the City Hall, Smyrna, Georgia, for the purpose of a public hearing
on the revised Sub -division regulations, Official Street Map and the Major
Thoroughfare Plan. The meeting was called to order by presiding officer Mayor
John Porterfield. All councilmen were present. Also present were Willouise
Spivey, Acting City Clerk, Bob Birchfield, Administrative Assistant, Lee Silver,
Parks and Recreation Director, Jim Liesendahl of Kidd & Associates and members of
the press.
Mayor Porterfield stated the reason for the special meeting, but said he did not
object to hearing other business if it was the unanimous wish of council. Council
agreed and Marston Tuck made a motion other business be discussed first. The
motion died for lack of a second.
The Sub -division regulations and the recommendations of the Planning and Zoning
Board were discussed at length, and several amendments made. Forster Puffe made
a motion to approve, as of this date, the Sub -division Regulations, as amended,
to become effective February 1, 1976. Elbert Coalson seconded the motion and the
vote was unanimous.
C. 0. Canada made a motion to adopt both the Major Thoroughfare Ordinance and the
Official Street Map, effective today. Jerry Mills seconded the motion and the
vote was unanimous.
Under other business, Earle Cochran made a motion to override the Mayor's veto of
December 16, 1975. Mayor Porterfield read a statement from the Attorney advising
that unless a special meeting was called within two (2) days after the veto, no
action could be taken until the next regular council meeting. The motion was
withdrawn.
Earle Cochran made a motion that the subject of the veto be placed on the January
5, 1976 agenda. Marston Tuck seconded the motion and the vote was unanimous.
Several citizens in the audience asked questions of Mayor and Council concerning
the police department. The discussion lasted about one hour.
Marston Tuck stated he had received a letter from the Department of Transportation
requesting that we do not start any resurfacing of streets until we receive the
contract from them. He also advised that Crabbe Paving company was the low bidder
on the paving.
Marston Tuck made a motion the contract with Ledbetter Electric Company, let in
1974, be voided after December 30, 1975, for lack of action, and that we apply to
the State for matching funds to install the siren at Jonquil Park. Forster
Puffe seconded the motion and the vote was unanimous.