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03-14-1977 Regular MeetingMarch 14, 1977 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 14, 1977, at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present except Homer Kuhl, who was out of town on business. Also present was Attorney Charles Camp, City Clerk Willouise Spivey, Controller Ron Egger, Parks and -t Recreation Director Lee Silver, Building Inspector David Granade, Police Chief Everett Little, Fire Chief Don Atkinson, Director of Public Works James David and representatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the Flag. Citizens Report - (1) Jack Shinall, Secretary of Smyrna Lions Club, requested per- mission for the club to hold street corner collections at three intersections on April 9, 1977 from 10:00 A.M. until 4:00 P.M. to solicit funds for their "White Cane Day." These intersections would be Hargrove at Spring Road, Atlanta Road at Concord and Atlanta Road at South Cobb Drive. C. 0. Canada made a motion the request be granted. Elbert Coalson seconded the motion and.the vote was unanimous. (2) Roger Myers, father of Terri "Tippie Toes" Myers, publicly thanked Mayor and Council for making Terri's dream trip possible. He had a special thanks also for Police Chief Little and Fire Chief Don Atkinson, for the work done by those depart- ments, also his Councilman Jerry Mills and all of the people of Smyrna. (3) Terry Powell of 2569 Cotton Street, Apt. 307, read a letter to Mayor and Council requesting an investigation of the handling of a case by Judge C. V. Reeves concerning a com- plaint she filed with the police department. Jim Tolleson made a motion the letter be referred to the Police Committee for investigation, then back to full council. Mayor Bacon advised Ms. Powell she would have a reply this week. (4) William Brown of 2550 Glendale Circle complained of rusty water since November. James David will run a test and get back with Mr. Brown. Appeal of the decision of Recorder's Court - Roger J. Peaster Roger J. Peaster and Police Officer L. W. Maloney were sworn in by Attorney Camp. Mr. Peaster was contesting a speeding ticket (60 in a 45 mile zone) given to him by Officer Maloney on January 12, 1977 on South Cobb Drive. He contended that he was not speeding, was not in the city limits when stopped, and was wrongly charged. Officer Maloney stated he tried to clock him in the city limits and that he was speeding. Elbert Coalson made a motion the decision of Recorder's Court stand. Bill Darby seconded the motion and the vote was unanimous. Appeal of the decision of Recorder's Court - Doug Styles Doug Styles, his father, and Cobb County Sgt. J. C. Puryear were sworn in by Attorney Charles Camp. Doug Styles stated that he was given a ticket for laying drags and driving with his license in revocation. He pleaded guilty to driving with his license in revocation but pleaded not guilty to laying drags. He stated he was in the process of trying to get his license back as he needed them.to go to work. Sgt. Puryear stated his case and after discussion, Jerry Mills made a motion the laying drags charge be dropped, but the driving with license in revocation charge, and the fine, stand as is. Bill Darby seconded the motion and the vote was unanimous. The Clerk of Recorder's Court will advise the State Patrol of the change. Bids for one (1) 1977 Chevrolet one -ton Cab and Chassis for the Water Department were opened, read and are recorded as follows: John Smith Co., 2155 Cobb Parkway, Smyrna $6298.18 Anderson Chevrolet, 900 Roswell St., Marietta 6490.00 - 60 days Day's Chevrolet, 4461 So. Main St., Acworth 6765.00 Peach State Ford, Norcross No bid Jim Tolleson made a motion the bids be turned over to the Water Committee, with authority to act on the low bid. Elbert Coalson seconded the motion and the vote was unanimous. No commercial building permits. Mayor Bacon reported that Bob Farrar should have the appraisals on Atlanta Road within the next month. Councilmen reporting on the National League of Cities Conference stated that President Carter had allotted an additional $83 million to that already allotted by President Ford"for LEAA funds; they got evaluations on the City Manager type government; CETA funds were a popular topic, and as for grants, the larger cities were against the smaller cities. The Conference was very informative. (Continuation of March 14, 1977 Meeting) Jerry Mills made a motion the minutes of February 7, 1977 be approved as sub- mitted. C. 0. Canada seconded the motion and the vote was unanimous. Jim. Tolleson made a motion the minutes of February 21, 1977 be approved as amended. Rem Bennett seconded the motion and the vote was unanimous. Rem Bennett made a motion a Malt Beverage (Pouring).license be approved for John Fredrick Wetzel, Pennsylvania Poor Boy, Inc., located at 2514 Atlanta Road, subject.to the FBI fingerprint report. C. 0. Canada seconded the motion and the vote was unanimous. Committee Reports (1) Elbert Coalson asked David Granade the status of the wrecker service on Benson Poole Road. David replied they had been given a two -weeks extension to put up a fence and the permit for the fence had been issued. (2) C. 0. Canada recommended that property located at East Twin Oaks Drive, owned by Fred G. Fetts, Jr., LL 554, parcel 84, be either sold for back taxes or con- demnation proceedings be initiated, in order that we may clean it up and use as a mini -park. The lot is unbuildable, small, with a creek running through the middle. Mr. Fetts will not answer our letters and no taxes are being collected. Elbert Coalson made a motion we initiate condemnation proceedings against the property. Jim Tolleson seconded the motion and the vote was unanimous. (3) Jim Tolleson said a letter had been written to the Fire Chief suggesting the Assistant Fire Chief act as the training officer, and he hoped action would be taken soon. Also, that he had met with Ron Egger and Lee Silver about a CETA grant, securing five or six people to work on the Certified City Program for one year. (4) C. 0. Canada made a motion that we waive bids on $3800.00 for equipment for the park, since only one company makes the equipment needed, subject to advice of the City Attorney. Bill Darby seconded the motion and the vote was unanimous. Jack Shinall asked if a mini -park was planned for the west side of the city. C. 0. Canada advised that we were trying to get one on Powder Springs Street. Halpern Enterprises requested a variance for a building set back line on Cherokee Road. They asked for a variance from 50 to 25 feet, in order to build a Granny's Fried Chicken at 1004 Cherokee Road. David Granade had seen the plans and he recommended the.variance be approved. Elbert Coalson made a motion the variance be granted. Jerry Mills seconded the motion and the vote was unanimous. Meeting adjourned at 9:08 P.M. March 21, 1977 The regular scheduled meeting of Mayor and Council was held on March 21, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present. Also .present was Attorney Charles Camp, City Clerk Willouise Spivey, Controller Ron Egger, Parks and Recreation Director Lee Silver, Building Inspector David Granade, Police Chief Everett Little, Fire Chief Don Atkinson, Director of Public Works James David, Civil Defense Director Jim Farley, and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. Citizens Reports - Joe Shoemaker of Old Spring Road stated that in December his home was flooded, due to a sewer blockage, and his furnace was ruined. The insurance company covering the City of Smyrna, the Insurance Company of North America, has paid the contractor, Don -Lon Contractors, but they state they have not been able to get the new furnace. Mr. Shoemaker requested the help of Mayor and Council. Mayor Bacon said he had called our agent, Bob Fowler, and he was C