02-05-1979 Regular MeetingFebruary 5, 1979
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
at City Hall, Smyrna, Georgia on February 5, 1979. Presiding officer Mayor Frank
Johnson called the meeting to order 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, Police Chief R. E. Little, Fire Chief Don Atkinson,
Parks and Recreation Director Asa Howard, Public Works Director J. E. David, Civil
Defense Director Jim Farley, Inspector Luke Boring and representatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
Mayor Johnson read the results of the Special Election held February 3, 1979, which
showed that -no one candidate received a majority of the votes, thus necessitating
a runoff election to be held on February 17, 1979 between John Steely and Linda Wells.
Mayor Johnson asked for Council approval of the election results, as certified by
Election Superintendent Ms. Dusty Bennett. Jack Shinall made a motion certification
of the election results be approved. Jim Hawkins seconded the motion which carried
by a 6-0 vote. (Copy of Certification to be made a part of these minutes.)
Mayor Johnson advised the Runoff Election to be held February 17, 1979 would cost
approximately $800.00 and asked Council to approve this expense. Bill Darby made a
motion $800.00 be appropriated to cover the cost of the runoff election. Jim
Tolleson seconded the motion which carried by a 6-0 vote.
Citizens Reports: (1) Harold Thompson, representing Smyrna Pony League Baseball
invited all city officials to attend their opening day ceremonies on April 7, 1979,
Cobb Park at 12:00 o'clock noon.
(2) "Wink" Winkenhofer, representing Smyrna Colt Palomino Thorobred Baseball stated
they had met with city officials on park rules and everything had been ironed out.
He thanked Mayor and Council for their time and support.
Zoning request - J. W. Jones requested that property located at 754 and 760 Cherokee
Road be rezoned.from Limited Commercial to Light Industrial, to be used for an
office building and 79 mini -warehouse units. There was no opposition to the rezon-
ing, and the Planning and Zoning Board recommendation was the zoning be approved.
Elbert Coalson made a motion that property located at 754 and 760 Cherokee Road be
rezoned from Limited Commercial to Light Industrial. Jim Hawkins seconded the
motion. After discussion it was requested the minutes of the Planning and Zoning
Board be spread over these minutes as follows: "The first order of business was
a request from-J. W. Jones, to rezone 754 & 760 Cherokee Road from Limited Commercial
to Light Industrial. Property being described as follows: All of that Parcel or
Property located in Land Lot 418, 17th District, 2nd Section, Cobb County Georgia
and being in the City of Smyrna and being more particularly described as follows:
Beginning at an iron pin on the South R/W of Cherokee Street North 89 degrees 54'
20" E, East 340.0 feet from East R/W of Burbank Circle; thence North 89 degrees 54'
20' E, 139.93' to an iron pin, thence S 02 degrees 31 12 W, 382.02" to an iron pin,
thence N 46 degrees23' 51 W 168.96' to an iron pin, thence N 00 degrees 10' 07' W,
264.90 to an iron pin and the point of. beginning. Mr. Paul Lee and Mr. J. W. Jones
were both present. Mr. Lee spoke in Mr. Jones behalf. He stated that they planned
only one story buildings which would contain a total of 79 units. They also plan to
put a decorative type fence to help separate it from the adjoining property. After
some discussion it was the general consensus of the board that this project would
improve Cherokee Road. Jack Strickland made a motion the rezoning be approved as
requested, George Griffin seconded the motion and the vote was unanimous. (There
was no opposition to the request.)"
Don Hutchins, Vice President of Paul Lee Engineers, represented the builder. Mayor
Johnson called for a vote on the motion which carried by a 6-0 vote.
Management change: Jim Hawkins read.a letter from Police Chief R. E. Little stating
that an investigation by his department did not reflect any factors that would pre-
vent the applicant Joe S. Kwong, from being -approved as the new Malt Beverage and
Wine license manager for Peking Garden Restaurant, 2526 South Cobb Drive. Jim Hawkins
made a motion the management change be approved. Jack Shinall seconded the motion
which carried by a 6-0 vote.
Commercial building permits were presented by Luke Boring and upon his recommendations
the following action is recorded:
(1) Ridgeview Institute, 3995 South Cobb Drive, requested a permit to make repairs
to the existing building. Plans had been approved by .the Fire Marshal. Jim Hawkins
(Continuation of February 5, 1979 Meeting)
made a motion the permit be approved. Elbert Coalson seconded the motion which
carried by a 6-0 vote.
(2) John Dickson, 3316 South Cobb Drive, requested a permit to build one room
and bath onto the car wash building, to be used as sleeping quarters for a night
watchman. Plans had been approved'by the Fire Marshal and everything was in order.
Jim Hawkins made a motion the permit be approved. Jack Shinall seconded the motion
which carried by a 6-0 vote.
Mayor Johnson recommended that Marion Len Williams be appointed as full-time City
Inspector. Elbert Coalson made a motion Marion Len Williams be appointed as City
Inspector. Bill Darby seconded the'motion which carried by a 6-0 vote. The Oath
of Office was administered to Mr. Williams by Mayor Frank Johnson.
Mayor Johnson also recommended that Marion Len Williams be appointed as City Marshal.
Jerry Mills made a motion Marion Len Williams be appointed as City Marshal. Jim
Tolleson seconded the motion which carried by a 6-0 vote. The Oath of Office was
administered to Mr. Williams by Mayor Frank Johnson.
Jim Tolleson made a motion to accept bids to re -light Phase I of Ward Park. The
motion was seconded by Jack Shinall. During discussion it was brought out these
bids would be for the infield only. The cost of this phase of the relighting project
has been budgeted in the amount of $18,000 to be paid from Revenue Sharing funds.
Vote on the motion carried by a 6-0 vote.
Jim Hawkins made a motion the minutes of January 8, 1979 be approved as submitted.
Jerry Mills seconded the motion which carried by a 6-0 vote.
Jerry Mills made a motion the minutes of January 15, 1979 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 6-0 vote.
Committee Reports: (Civil Defense) Elbert Coalson reported that on Tuesday, February
20th, the Smyrna Civil Defense Department would participate in a state-wide tornado
drill. In case of bad weather, the alternate date is Thursday, February 22, 1979.
Jim Farley stated they would be conducting a seminar for the Jesse Coleman Council,
a week from this Wednesday. They will be briefed on two items of civil defense and
how to get and keep volunteers.
(Water) Jack Shinall reported a small survey had been made on the number of stopped'
meters in other cities, compared to our own, and found we were running about 3% less
than most of the average cities.
Jack Shinall also advised that late notices were going to be sent to residents ad-
vising them their water would be cut off if the bill was not paid. He hopes to
put this into effect next month, and feels the cost of the postage will be less than
the cost of cutting off and on.
(Streets) Jerry Mills advised the cost of the pipe to correct the drainage problem
caused by the construction of the Smyrna Swim and Tennis Club is $519.00. The
recommendation of the engineering department is the Smyrna Swim and Tennis Club
purchase the pipe and the City install it. Mr. Mills said it has been the policy of
the City to install pipe to correct a problem if the owners purchased the pipe.
Annexation: Bill Darby called on Finance Director Gunter Newsom. Mr. Newsom stated
we had received an application for annexation on properties located on South Cobb
Drive, between Ridge Road and North Cooperlake Road. The request was under Section
69.904 through 69-912 of the Annotation Code of Georgia. The petition is from over
sixty percent of the resident electors and sixty percent of the land owners by
acreage in the area affected. Mr. Newsom said he investigated and the petition covers
and is signed by over sixty percent of the land owners and resident voters. Bill
Darby moved to validate the petition and set the public hearing for February 21,
1979 at 7:30 o'clock p.m. Jerry Mills seconded the motion. Gunter Newsom read the
property owners and voters signing the petition as follows: (Electors: Donald
Hall, Betty C. Hall, Mrs. R. L. Potts, R. L. Potts and Donna A. Hall.) (Land Owners:
George W. Olin, Sherman D. Olin, A. F. Bridges, R. L. Potts, Donald Hall and Betty
C. Hall.) Vote on the motion to validate the petition and set date for the hearing
carried by a 6-0 vote.
Bill Darby advised there would be a Finance Committee meeting tomorrow at 5:00 p.m.
Jim Tolleson -advised that in order to meet requirements of the Federal Government to
go forward with the Parks project we need to make a minor change in our Smyrna Rules
w
(Continuation of February 5, 1979 Meeting)
and Regulation Handbook. He made a motion to amend the Personnel Rules and Regula-
tions Handbook, Chapter 1, Section 3 by adding the following:
Section 3 - Positions Covered ..."For the purpose of these rules and regulations, a
regular full-time employee shall be any employee who is given an offer of employ-
ment for a period of six (6) months or more and whose position requires an average
of thirty (30) hours or more per week. Further, all regular full-time employees shall
receive all fringe benefits offered by the City." Jim Hawkins seconded the motion.
After discussion the motion carried by a 6-0 vote.
Jim Tolleson also stated that although•.Willouise Spivey had been administering Ceta
funds since the beginning, the Federal Government requires this assignment be by
ordinance. Jim Tolleson made a motion that Willouise Spivey be designated as
Administrator of all Ceta funds. Jim Hawkins seconded the motion which carried by
a 6-0 vote.
Jim Hawkins thanked Luke Boring for the many years service he has given the City,
first as Electrical Inspector for the City for many years, and second as filling in
through the years. Mayor and full Council thanked Luke, who stated he would be glad
to help if needed, and had enjoyed working with the City.
Jerry Mills reported that Ken Wages, an electrician who had done a lot of work for
the City had lost a foot last week. He suggested Mayor and Council send a get well
card.
Mayor Johnson reminded everyone of the CMA meeting in Powder Springs on Tuesday
night, February 13th.
Next Council meeting to be February 19, 1979.
There being no further business the meeting was adjourned at 8:13 p.m.
February 19, 1979
The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, on February 19, 1979. 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, Police Chief R. E. Little, Fire Chief Don Atkinson, City Inspector
Len Williams, Parks and Recreation Director Asa Howard, Assistant Public Works Director
Vic Broyles, Civil Defense Director Jim Farley and representatives of the press.
Mayor Johnson said tonight it was our pleasure to swear in a new Council member,
John Steely, and called on Mr. Steely for the invocation, which was followed by the
pledge to the flag.
Mayor Johnson advised that of the 2,052 registered voters in Ward 7, 818 voted in
the runoff election held February 17, 1979 with the following results:
John Steely 452
Linda Wells 363
Voids 3
These results had been attested to by Sue M. Shope, Chief Manager; Mary C. Brooks,
Assistant Manager; Dusty J. Bennett, Superintendent of Election. These signatures
were attested to by Willouise Spivey as City Clerk. Jack Shinall made a motion the
election results be certified as read. Elbert Coalson seconded the motion which
carried by a 6-0 vote.
Mayor Johnson introduced the Honorable State Court Judge Tom Cauthorn who administered
the Oath of Office to John Steely, new Councilman for Ward 7.
'(, John Steely was welcomed, and Mayor Johnson introduced his wife Linda Steely.
Mayor Johnson recognized "Terri Myers Day" in Smyrna and read the proclamation dated
February 4, 1977. He also asked for a motion declaring February 4, 1979 as "Terri