02-04-1980 Regular MeetingFebruary 4, 1980
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
at City Hall, Smyrna, Georgia on February 4, 1980. The meeting was called to order
by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members
were present. Also present was City Attorney Charles Camp, City Clerk Willouise
Spivey, Finance Director Gunter Newsom, Building Inspector Len Williams, Police
Chief R. E. Little, Fire Chief Don Atkinson, Director of Public Works J. E. David,
Director of Civil Defense Jim Farley, Superintendent Bill Johnston of the Parks and
Recreation Department and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Mayor Johnson recognized five members of the Kennesaw Shrine Club appearing on behalf
of the Yaarab Temple. They advised the Shrine Circus would be held at the Civic
Center in Marietta from April 4th through April 12th. The circus will be inside
the center and there will be an amusement park outside. There will be concessions
selling tickets, ads, etc. The purpose of the circus is to raise money for crippled
children and they invited all Cobb Countians to attend. The Kennesaw Club donated
$28,000 to Scottish Rite last year.
Mayor Johnson stated that in 1977, the then Mayor of Smyrna, Arthur T. Bacon, declared
February 4th as Terri Myers Day. Terri was the thirteen -year -old daughter of Roger
and Brenda Myers and was suffering from cancer. She died on February 25, 1977, but
the love, joy and pleasure she gave everyone whose lives she touched will always be
remembered. Mayor Johnson recognized Roger and Brenda Myers and also the grandparents,
Frank and Tina Myers. Roger again thanked the citizens of Smyrna for their help and
support. Mr. Frank Myers said he would always love Smyrna for what they did for
Terri. Mayor Johnson read the Proclamation proclaiming February 4th as Terri Myers
Day, and said this day would always be observed in Smyrna.
Public Hearing - Revenue Sharing Funds: Jerry Mills read the Revenue Sharing
allotments approved for each department, for a total of $145,780.00. He stated the
remainder would be transferred to general operating budget. Mayor Johnson stated
this was a public hearing and asked if anyone present had any comment or would like
to ask a question. There was no comment from the audience. Jerry Mills made a
motion the budget be adopted as read. Jack Shinall seconded the motion which carried
by a 7-0 vote.
Mr. Marvin C. Waldrip, General Manager of Victory Cab Company, requested permission
to raise taxi fares in the City from $1.00 for the first 1/7 mile and .10 for each
1/7 mile or fraction thereof, and $6.00 per hour waiting time to $1.00 for the
first 1/8 mile and .10 for each 1/8 mile or fraction thereof and $8.00 per hour
waiting time with live clock. Live clock means that the meter would work when the
cab is in slow traffic under 7 m.p.h. Elbert Coalson made a motion the new rates
be approved. Jerry Mills seconded the motion. After discussion, the motion carried
by a 7-0 vote.
Bids received for (1) Pressure Demand Air Mask and (2) Steel Air Cylinders for the
Civil Defense Department were opened, read and are recorded as follows:
Rockford Safety Equipment
#5641821 Survivair Pressure Demand Mask
w/case (Survivair #9838-20) $720.00
#5641837 Survivair 45 cu. ft. spare
cylinder (Survivair #9151-45) $170.10 ea.
Harold's Sales & Service
MSA #461704 MSA Pressure Demand Mask
Model 401 w/case 736.25
MSA #94007 Steel cylinder for Model
401 182.95 ea.
Alternate on equal:
Survivair #9838-20 661.00
Survivair #9151-45 171.00 ea.
Major Sales & Service
MSA #461704 MSA, Model 401 w/case 700.00
MSA #94007, MSA Cylinder for 401 170.00 ea.
Charles L. McLarty Co.
MSA #461704, Model 401 w/case 700.00
MSA #94007 Cylinder for 401 173.00 ea.
(Continuation of February 4, 1980 Meeting)
Fire Fighters Equipment
MSA #461704, Model 401 w/case 775.00
MSA #94007, MSA Cylinder for 401 192.60 ea.
Dyna Med No bid
Mine Safety Appliances Company
MSA #461704, Model 401 775.00
MSA #94007 Cylinder 192.60 ea.
Counts Rescue Equipment
MSA #461704, Model 401 645.00
MSA #94007 Cylinder 160.00 ea.
Elbert Coalson made a motion the bids be turned over to committee with authority
to accept the low bid. Jerry Mills seconded the motion which carried by a 7-0
vote.
Bids received for one (1) Fleetside pickup truck for the Water Department were
opened, read and are recorded as follows:
Peach State Ford Sales No bid
Ed Sherwood Chevrolet $6,151.67
Strother Ford 6,152.00
John Smith Company 6,255.31
Day's Chevrolet 6,183.02
Wade Ford 6,250.00
Jack Shinall made a motion the bids be turned over to committee with authority to
accept or reject. Jerry Mills seconded the motion. Jim Tolleson said he thought
we should rebid as he did not think the tinted glass and air conditioning was
necessary. Jim Hawkins agreed with Jim Tolleson on the tinted glass and air con-
ditioning and asked that the committee come back to full council before awarding
the bid. After discussion, the motion failed by a 3-4 vote. Jerry Mills, Jack
Shinall and Elbert Coalson voted for. Jim Tolleson, Max Bacon, Jim Hawkins and
John Steely voted against. Jim Hawkins made a motion the bids be turned over to
committee for review and come back before council at the next meeting to accept or
reject. Jim Tolleson seconded the motion which carried by a 6-1 vote. Elbert
Coalson voted against.
Bids received for (1) Hydraulic Sewer Cleaner for the Water Department were opened,
read and are recorded as follows:
Enviroquip
Base Machine #MHV36-3SL $16,155
Optional equipment 1,108
Industrial Sewer & Water Service
MHV36-3SL complete 17,950
Myers Enterprises
MHV36-3SL complete 18,750
Jim Tolleson made a motion the bids be turned over to committee for review and
returned to full council for recommendations. Max Bacon seconded the motion which
carried by a 7-0 vote.
No bids were received for the relighting of Ward Park, Phase II.
Only one (1) bid was received for the Athletic Field Conditioner for the Parks
Department. It was opened, read and is recorded as follows:
Georgia Golf & Garden Supply
1-10-800 Smithco - Demo $3,000
1-19650 spray liner 580
Jack Shinall made a motion the above item be rebid. Jerry Mills seconded the
motion which carried by a 7-0 vote.
Only one (1) bid was received for the Heavy Duty Commercial Mower for the Parks
Department. It was opened, read and is recorded as follows:
Wislar & Company $7,477
Mow & Grow Equipment No bid
(Continuation of February 4, 1980 Meeting)
John Steely made a motion the above item be rebid. Jerry Mills seconded the motion
which carried by a 7-0 vote.
Elbert Coalson made a motion the February 18, 1980 council meeting be set as the date
to hear the appeal of Jimmy Cook Lowry, appealing the decision of Recorder's Court,
Docket #38717. Jim Tolleson seconded the motion which carried by a 7-Aote.
Appointment: Jack Shinall stated that Billy Stephens had filled the unexpired term
of Bill Nall on the Planning and Zoning Board, and made a motion Billy Stephens be
appointed to a full term, representing Ward 5. Elbert Coalson seconded the motion
which carried by a 7-0 vote.
Max Bacon advised there was an increase in the cost of garbage can liners on our last
order. We are currently charging $7.50 for these liners and this does not cover the
cost. It was necessary to make a trip to Mississippi to pick up the last order.
Max Bacon made a motion the cost.of liners to our customers be increased from $7.50
to $10.00 per liner, with a 20% discount to our Senior Citizens who qualify for
homestead exemption. John Steely seconded the motion which carried by a 7-0 vote.
Jim Tolleson made a motion the minutes of January 7, 1980 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Jim Hawkins made a motion the minutes of January 10, 1980 be approved as submitted.
Max Bacon seconded the motion which carried by a 7-0 vote.
Jerry Mills made a motion the minutes of January 21, 1980 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Building Inspector Len Williams and
upon his recommendation the following action is recorded:
(1) Chatham Properties, Inc. requested a building permit for a new roof system on
the existing building located at 2615 South Cobb Drive, and occupied by Northside
Realty. Plans had been approved by the Inspections Department and the Fire
Department. Jack Shinall made a motion the permit be approved. Elbert Coalson
seconded the motion which carried by a 7-0 vote.
(2) U-Haul Company of Western Georgia requested a building permit to construct a
warehouse for storage. Plans had been approved by the Inspection and Fire Depart-
ments.,. John Steely made a motion the permit be approved. Jim Hawkins seconded the
motion which carried by a 7-0 vote.
Jim Hawkins stated the Planning and Zoning Board had recommended Section 713, entitled
Office -Distribution, be.added to the Zoning Ordinance. This section was deleted
when the ordinance was rewritten in 1977. The only difference in this proposed
Section 713 and the one deleted is: "Section 713.4.1 - Mini warehouses for self -
storage only" has been added. Jim Hawkins made a motion this amendment to the zoning
ordinance be advertised and a public hearing held at the regular council meeting on
March 3, 1980, according to Section 1504 of the Code of Ordinances. Jack Shinall
seconded the motion which carried by a 7-0 vote.
Amendment to Sign Ordinance: Jim Hawkins stated that in order to clarify the meaning
of Section 6-98 of the Smyrna Sign Ordinance, the last word;in the first paragraph,
"provided" should be changed to "except.", according to the.City Attorney. Jim made
a motion Section 6-98 of the Smyrna Sign Ordinance be amended to read as follows:
"All signs shall be located on private property, within the buildable area of the
lot and subject to.the height limitation of the district in which it is located,
except:"
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Jim Hawkins made a motion Section 6-103 of the Smyrna Sign Ordinance be amended by
adding a section (3) under Section 6-103 (c) - Wall or projecting signs, to read
as follows: "Wall signs may exceed the width and height requirements otherwise
provided for in this ordinance except that no wall sign shall_exceed.the dimensions
of the building to which it is attached and shall meet all other requirements speci-
fied herein."
Jim Tolleson seconded the motion. Jim Hawkins said the Planning and Zoning Board,
along with the City Attorney, recommended this addition to the ordinance. After
further discussion, the motion carried by a 7-0 vote.
(Continuation of February 4, 1980 Meeting)
Appointment of Parks & Recreation Director: John Steely stated the committee has
received several applications for the position of Parks and Recreation Director.
In reviewing the applications they found the best qualified person was already on
the Parks staff. William A. Johnston, presently employed as Superintendent of
Parks, has a BA General Recreation Degree from Central Missouri State University
with a �.3 average, is a former Director of Parks and Recreation with the City of
Marshall, Missouri, and has been with us as Recreation Supervisor and Superintendent
of Parks since November of 1977. John Steely made a motion that William A. (Bill)
Johnston be appointed as Director of our Parks and Recreation Department, as recommen-
ded by the Smyrna Parks and Recreation Commission and the Council Committee. Max
Bacon seconded the motion which carried by a 7-0 vote.
Committee Reports: (Parks) John Steely requested we send out new bids for the
Athletic Field Conditioner and the Commercial Lawn Mower. John also requested we
send out bids for two (2) used pickup trucks for the Parks Department, bids to be
opened at the next council meeting. Specifications will accompany these requests
for bids. Jerry Mills seconded the motion which carried by a 7-0 vote.
Bill Johnston said "The Longest Sprint" will be held on Saturday, March 15th, with
all proceeds to go to Cystic Fibrosis, the Special Olympics will start next week
and the winter program will be completed within the next two weeks.
(Police) In answer to a question by Elbert Coalson, Attorney Camp advised he had
checked on the disposition of surplus bicycles, etc., stored at the police station
and all he has found so far is that this sale would have to be held by the Cobb
County Sheriff's department, with proceeds going to the county treasury. He is
to check with the Attorney General on this.
(Water) Jack Shinall stated the water billing was back on schedule and there would
be no more double bills. The next billing will include the new rates and an explan-
ation will go out with the bills.
Jack Shinall requested that bids be sent out for one (1) used pickup truck for the
Water department. He said that if the Parks department was going to request bids
on used trucks, and they were in good condition, they would go with one in the
Water department. Jerry Mills seconded the motion. The question was asked if
these bids would replace the ones just received for a new truck for the Water Depart-
ment. Attorney Camp said we were asking for bids for two trucks, either of which
could be rejected. Jerry Mills seconded the motion which carried by a 7-0 vote.
Jack Shinall said he was glad to see something being done on the sign ordinance,
as he had been asked about it. Jim Hawkins said he had been waiting on the out-
come of the Marietta and Cobb County suits, before making any changes. Attorney
Camp said he just today received a copy of the ruling from the courts on the suit
involving Marietta, and the City had been upheld in this ruling.
(Sanitation) Max Bacon said we were charging $67.50 for the unit and installation
of an underground garbage can. The actual cost is now $85.78, including the liner.
Max made a motion to increase the cost of the unit, including installation and
liner, from $67.50 to $85.00. New cans are installed in new developments only and
are paid for by the contractor. John Steely seconded the motion which carried by
a 7-0 vote.
Max Bacon also reported we had an engine blown in a garbage truck and had to rent
one this week, all of which delayed garbage pickup in some commercial areas. Max
also reported a meeting was being set up in his ward next week to form a Neighbor-
hood Watch program. He also challenged each and every one around the table to take
part in the Longest Sprint, Saturday the 15th of March.
Jim Tolleson reported a meeting was being held tomorrow night at 2470 Rollingview
Drive to form the Neighborhood Watch in Ward 1. He praised this program and urged
everyone to participate in order to make our city more safe.
Jim Tolleson also reported that nineteen or twenty people attended the Beautification -
Cleanup meeting at City Hall on the 14th. They asked him to be the liaison between
the committee and Mayor and Council. One group is to work with the property owners
in getting the store fronts remodeled, the other group will work on greenery, trees
and shrubs, along the railroad tracks from the old terminal to Cherokee Road. He
said they hoped to get help from the telephone company, Georgia Power Company,
Mayor and Council and all the citizens of Smyrna.
(Continuation of February 4, 1980 Meeting)
Announcements: Earlybird Coffee Club at 7:45 a.m. at the Farmer's Market Smorgasbord
on February 7th, CMA Monthly Meeting at 7:00 p.m., February 12th at the City Hall
in Smyrna, and the next council meeting will be February 18, 1980.
Meeting adjourned at 8:50 p.m.
February 18, 1980
The regular scheduled meeting of Mayor and Council was held at the City Hall, Smyrna,
Georgia on February 18, 1980. The meeting was called to order by presiding officer
Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also
present was Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E.
Little, Fire Chief Don Atkinson, Parks and Recreation Director Bill Johnston,
Building Inspector Len Williams, Civil Defense Director Jim Farley, Larry Dunn repre-
senting the Public Works Department and representatives of the press.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
Citizens Reports: Lester Weathers of Green Acres Road requested permission to put
in a septic tank to take care of basement drainage. His home is on the sewer system
but the basement is too low to tap on. Cobb County has tested and approved the
septic tank. After discussion Elbert Coalson made a motion the request be approved.
John Steely seconded the motion which carried by a 7-0 vote.
Hearing: Jimmy Cook Lowry appealed the decision of Recorder's Court held January
17, 1980, Docket #38717. Mr. Lowry, police officers Bailey and Collins were given
the oath by Attorney Charles Camp. Mayor Johnson read the charges of Mr. Lowry
living in Georgia and not having a Georgia Drivers License or Georgia tag on his car.
He was found guilty in Recorder's Court and fined $25.00 for that violation. Mr.
Lowry stated he had proof that the car did not belong to him, that he had borrowed
it some months back. His home is in Madisonville, Tennessee, and he works for his
father there, buying for his store. He goes to Atlanta to pick up orders to take
to Tennessee and leaves there on Monday afternoon around 12:00 to be back here in
time to go to work at Lockheed. He had title, tag receipt, insurance and proof of
ownership of his father's store in Tennessee. Mr. Lowry stated he gave his address
to the arresting officer as 970 Cherokee Road, Apt. 23C because he had co -signed
the lease with another party who would not be accepted because she did not have a
job at the time. Following a question from Mr. Coalson, Mr. Lowry stated he did
have a residence at Andover Garden Apartments and also his home in Tennessee. Mr.
Coalson said it did not matter where he went on weekends, he earned his livelihood
in Georgia and he was living in Georgia and should buy a Georgia license plate.
Jack Shinall read from Georgia law 68-221, Section B, that says notwithstanding
the provision of sub -section A, in every case where a non-resident accepts employ-
ment or engages in. any trade, profession or occupation in the State or enters his
children to be educated in the public schools of the State, such non-resident shall
within 30 days after the commencement of such employment or education, be required
to register his motor vehicle in this State, if such motor vehicles are proposed
to be operated on,the highways of this State.
In response to a question from John Steely, Mr. Lowry answered that he had been
employed with Lockheed full-time for about a year except for a three-month layoff
period just before Christmas last year, and he just came back in January. During
the layoff period, he left here to go home to Tennessee. ,
Mr. Lowry stated he did not have a car in his name - he had lost his and had not
recovered it. The car he was driving belongs to his brother and has been in Georgia
seven or eight months, and a Georgia tag has not been purchased for it. After
further discussion, Mayor Johnson recommended this hearing be set aside until later
in the meeting, and Jerry Mills made a motion this hearing be brought back onto
the agenda as item #11. John Steely seconded the motion which carried by a 7-0 vote.
Only one bid was received for the two (2) used pickup trucks for the Parks Department.
The bid was opened, read and is recorded as follows:
Wade Ford Company Serial #F10GNAH0339 $2,577.57
Serial #F10BNBF0394 2,349.26