04-07-1980 Regular MeetingApril 7, 1980
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on April 7, 1980 at the City Hall. The meeting was called to order at 7:30 o'clock
p.m. by presiding officer Mayor Frank B. Johnson. All Council members were present
except Jerry Mills, who was out of town. Also present was City Attorney Charles
Camp, Police Chief Everett Little, Finance Director Gunter Newsom, Fire Chief Don
Atkinson, Assistant Public Works Director Vic Broyles, Parks and Recreation Director
Bill Johnston, Civil Defense Deputy Director Dick O'Hara and representatives of the
press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
Citizens Reports: Melissa Hayes, President of Smyrna Girls Softball, requested a
parade permit for the opening day of girls softball in Smyrna, on May 3rd and also
invited the Mayor and Council members to attend their opening ceremonies at Jonquil
Park. Elbert Coalson made a motion the permit be approved. John Steely seconded
the motion which carried by a 6-0 vote.
Rezoning: Mayor Johnson stated he had received a letter from Laura L. Manor,
attorney representing C. M. Lee, requesting that their request for rezoning of 4.942
acres on Ridge Road be withdrawn from the agenda. Mayor Johnson explained that if
Mr. Lee decided at a later date to reapply for the zoning change it would be necessary
for the property to be readvertised and reposted, as if it were a new application.
Max Bacon thanked everyone who had called and written him, expressing their interest
in the rezoning.
Mayor Johnson called for a short recess.
Rezoning: Thomas B. Miller requested rezoning of property located at 1359 Spring
Street, from 0&I to N.S. This request was -tabled at the last meeting and Jim
Tolleson made a motion the request be brought off table. Jack Shinall seconded
the motion which carried by a 6-0 vote.: Mr. Miller was present and.,there was no
one in opposition to the rezoning. Mr. Miller stated the plans were to construct
a new 3200 square foot steel building consisting of a combination of office space
and drive -in -facilities for his two-way radiobusiness.•. The existing -building will
be torn down. Max Bacon made a motion the rezoning be approved. John Steely seconded
the motion which carried by a 6-0 vote.
Rezoning: Paul R. LaMons requested rezoning of property located at 1318 Concord
Road, from R-15 to L.C., to be used as a beauty shop. Mr. LaMors was present and
there was no opposition to the rezoning. Jack Shinall made a motion --the.rezoning
be approved. Max Bacon.seconded the -:motion which carried by•a 6-0 vote..
Annexation:. Smyrna Assembly:of God.,requested annexation of property located in
Land Lots 529 and 530 located on King Springs Road, the application having been read
and made,a part of the minutes -of March-3,-1980. John Steely made a motion the
property be annexed into the City to become a part of Ward 7. Elbert Coalson seconded
the motion which carried by a 6-0 vote.
Annexation: Smyrna Assembly of God requested annexation of property located in
Land Lots 526 and 555 at 3590 Marion Street, the application having been read and
made a part,of,the minutes of March 3, 1980. Max Bacon made a motion the property
be annexed into the City, to become a part'of Ward 2.). Elbert Coalson seconded the
motion which carried by,a 6-0 vote.
Ordinance: Elbert Coalson read a proposed new ordinance providing for the•sale of
unclaimed property by the Police Department. The -ordinance -was read.as follows:
UNCLAIMED PROPERTY ORDINANCE
"Unclaimed Property - Authority:to sell -at auction. The -department of, -Police shall
have the-authority.to sell at public outcry to the highest bidder for cash any and
all the articles of personal--property-that has come into .their hands and which,
after diligent effort has,been made to ascertain the true owner thereof_ without
success, remains unclaimed -for a period of:.at:least three months, except contraband
weapons or those -articles otherwise provided for by the laws of the State of Georgia.
Same - Records required. It. shall be ,the duty of .the department of Police to, main-
tain a separate.and.complete catalog record.of all-property.coming,into their hands,
such property to be identified in detail by;its usual name, make-and•model,,manu-
facturer's name and serial number, if any, and if no identifying name or numbers,
(Continuation of April 7, 1980 Meeting)
to be fully described on such catalog record as to its physical properties and
appearance, such record shall also show the date such property came into the hands
of the department and the disposal thereof.
Same - Responsibility to try to find owner. (a) It shall be the duty of the
department of Police"to make a diligent effort to find the true owner of any
article of personal property coming into their hands and if such owner can be found
to hand over such property to him. In the event that the true owner of any such
article cannot be found or refuses to claim said property and the property remains
unclaimed for a period of not less than three months next preceding the date of
sale as hereinafter provided, the department may proceed to sell such article or
articles as hereinafter provided.
(b) The Department of Police may, at least 90 days prior to sale of any unclaimed
property coming into its hands: 1) Deliver to the Cobb County Sheriff's Depart-
ment a list of all unclaimed articles in its possession, together with a brief
description of said articles, which list shall not become public records but which
shall be used to assist in locating the lawful owner thereof. 2) Where any person
so entity is believed to have an interest in said property, mail a notice to the
last known address of such person or entity containing a statement that, if
satisfactory proof of claim is not presented by the owner to the holder on or
before a date, which is 30 days prior to the date for sale of such abandoned prop-
erty, the same will be sold.
Method of Filing Claims. Any person claiming an interest in any abandoned property
in the hands of the Department of Police shall file a claim thereto in the form
prescribed by the Department of Police, at least 30 days prior to the sale date
for unclaimed property as herein provided:
(a) The Chief of Police shall consider any claim filed under this Section, and
may hold a hearing, subpoena witnesses, and receive evidence concerning it, and
make a determination as to whether or not to disallow said claim or allow the
same and deliver the property.
(b) If a hearing is held, he shall prepare a finding and decision in writing on
each claim filed, stating the substance of the evidence heard by him and the
reasons for his decision. The decision shall be a public record.
(c) If such claim is allowed, he may charge, in his descretion on all items of
a value of more than $25.00, storage for the same at such rate as may be reasonably
established by the Council Police Committee of the City of Smyrna, and refuse
delivery of the article until and unless such storage shall be paid.
(d) Any person aggrieved by the decision of the Chief of Police may appeal his
decision to the Mayor and Council of the City of Smyrna within 10 days, of such
decision by filing a notice of appeal setting forth all the particulars of the
claim with the City Clerk. Such appeal shall be handled as all other appeals to
Mayor and Council.
Same - When Sale conducted; terms of sale. On the first Monday in May or more
frequently as established by the Department in each year hereafter the department
police shall hold a public sale of all unclaimed articles of personal property held
by them for at least five months immediately preceding the date of sale at the
headquarters of the Police Department on Bank Street, Smyrna, Georgia. All articles
sold shall be sold for cash to the highest bidder on an "as is" basis and no
warranties of any nature, either expressed or implied, either as to merchantable
title; quality of performance are made by the Department of Police or the City of
Smyrna.
Same - Advertisement of sale. The sale referred to in section shall be
advertised in a newspaper of general circulation in the City once each week for
two weeks immediately preceding the next sale date. The advertisement shall be of
sufficient size and type to be easily read and understood by the general public
and shall state definitely the time and place of such sale; that it shall be open
to the public; and, that all sales are to be made to the highest bidder for cash.
Such advertisement may refer to the sale by any appropriate name and shall state
that only unclaimed property which has come into the possession of the department
of police is being sold; that the department of Police and City of Smyrna makes
no warranties whatsoever, either expressed or implied as to merchantable title,
quality or performance and all articles are sold "as is."
(Continuation of April 7, 1980 Meeting)
Same.- Conduct of Sale. The Department.of Police shall appoint a. licensed auction-
eer, a member of its own force or any other individual to conduct the sale under
the guidance of an employee of the department and more than one such person may
act, at any sale,..,either alternately or;at the same time as the circumstances may
dictate and in the, discretion:o.f the employee of the department who is in charge
of the sale. The auctioneer or other individual acting shall be the sold arbiter
in the case of a, disputed sale.and he shall not make a sale until all bidding on
the article offered has ceased; however,,. there shall be no required number of bids
before a sale is made. Any article advertised or offered for sale'may be withdrawn
from sale at any time prior to. delivery,
Same - Announcement to be made at sale. It shall be the duty of the auctioneer or
other person holding such sales to make public announcement before opening such
sale that the Department of,Police .does not warrant title to any article,. -nor is
there any other warranty, either expressed or implied, as to any article sold;
that all sales are final and all articles „are sold "as is." It shall be the duty
of such auctioneer or other person in charge to make this announcement at intervals
during the progress of the sales.
Same - Disposition of Proceeds. It shall be the duty of the Department of Police
to make a true accounting to the Finance Department of all the property sold and
money collected from the sales conducted as _provided herein which money shall be
used for city purposes."
Elbert Coalson made a motion the ordinance be adopted and designated as Chapter
24, Sections 1 through 8 of the Code of Ordinances, until codified by the Code
Publishers, who have the authority to publish and reassign chapter and section
designation upon publication. Jim Hawkins seconded the motion which carried by
a 6-0 vote.
Jim Tolleson made a motion the minutes of March 3, 1980 be approved as submitted.
John Steely seconded the motion which carried by a 6-0 vote.
Elbert Coalson made a motion the minutes of March 17, 1980 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 5-0 vote. Jack Shinall abstained.
There were no commercial building permits to bring before Council.
Jack Shinall stated the City had two bank notes due, one for $200,000 and another for
$200,000 and made a motion they be renewed for 90 days. Jim Hawkins seconded the
motion which carried by a 6-0 vote. (Corrected as amended 5/5/80)
Committee Reports: (Parks) John Steely announced movies would be shown at City
Hall on Tuesdays and Thursday afternoons beginning this week, for $1.00 admission.
The all -city track meet starts Saturday at Campbell at 9:00; the Smyrna Open tennis
tournament will be April 23rd through 26th at King Springs Court; town meeting on
developmental plans for North Smyrna Park on April 28th at 7:30. p.m. in the Council
chambers.
John Steely requested that bids be let for one (1) aerator for the ballfields to
be paid from FY80 Revenue Sharing money remaining from the lawn tractor recently
purchased. Jim Tolleson'seconded the motion which carried by a 6-0 vote.
John also announced that Smyrna Brinkley Park and Jonquil Park would have opening
day on April 12th, Smyrna Pony League at Cobb Park will open April 19th, Smyrna
Girls Softball will open May 3rd and adult softball opens April 14th.
(Civil Defense) Elbert Coalson reported Jim Farley was recovering from his eye
operation.
(Water) Jack Shinall reported the water bills had gone out on time this month and
he hoped all the problems in that department had been straightened out. The Water
Committee has been meeting with several engineers in preliminary interviews on
the 201 Study and should have some recommendations for Mayor and Council before too
much longer.
Jim Hawkins made a motion that "no parking" signs be installed .at the end of Love
Street Extension, which was requested by the residents of that street. Max Bacon
seconded the motion which carried by a 6-0 vote.
(Employee Benefits) Gunter Newsom reported that he had received six proposals for
the deferred compensation plan and he needed to get with the committee to review
each of them. Max Bacon asked if we had made any progress in replacing our
(Continuation of April 7, 1980 Meeting)
planning and zoning maps. Jim Hawkins stated we had talked to several draftsmen
but had been unable to get a price.
(Fite) Jim Tolleson announced a Fire Committee meeting tomorrow night with the
Civil Service Board. Jim -reported he had a'very serious problem with sewage
getting into Poplar Creek on Highland Drive, and the problem seems to be with
the pumping station which is damaged. The Public Works Department has been
manually pumping sewage out until parts can be located for repair. Jim requested
the Public Works Department to survey the entire area because this problem has
been occurring frequently. Jack Shinall stated this was one reason we needed
to move ahead with the 201 Study, to examine the entire sewer system and show
us where the problems are. Also, we need to -begin the study now, while the 75/25
matching funds are still available. John Steely said he had received an estimate
of-$130,000 to correct sewage problems in his'area alone.
Announcements: Next Council meeting on April 21st.
Meeting adjourned at 8:15 p.m.
April 21, 1980
The regular scheduled meeting of Mayor and Council was held at the City Hall,
Smyrna, Georgia on April 21, 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, Fire Chief Don Atkinson, Police Chief R. E. Little,
Director of Public Works Jim David, Director of Civil Defense Jim Farley, Assistant
Parks and Recreation Director Sherry Reavis and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Appointment: Jim Tolleson made a motion that Captain Jimmie T. Tidwell be appointed
as Fire Marshal for the City of Smyrna. Jack Shinall seconded the motion which
carried by a 7-0 vote. Captain Tidwell was given the Oath by Attorney.Charles Camp.
Citizens Reports: (1) Bruce LaBudde of 4316 Fawn Lane stated the Jonquil 10,000
meter road.race, sponsored by the Atlanta Track Club, Jonquil Sporting Goods and
the Smyrna Parks.and Recreation Department, will be held May 24, 1980 and he
requested a parade permit.. Elbert Coalson made a motion the permit be granted.
John Steely seconded the motion which carried by a 7-0 vote.
(2) Reagan Merrill, 3314 Ann Road, read a letter signed by 51 residents request-
ing the removal of a vicious dog from the City, belonging to a resident on Isoline
Way. He stated the dog had.attacked a twelve-year old boy, Sam Barkley, who is
now in Smyrna Hospital with a mangled arm and severe back injuries. The dog was
on a leash and was in the garage at the time the boy entered the yard. When he
started up the driveway the dog dashed out and attacked him. This is the second
time this dog has attacked humans and the citizens are afraid he will get out and
roam the neighborhood, as has happened, and they fear for the safety of their
children. Attorney Camp advised the dog was in his yard, on a leash, which is what
our ordinance requires, although he was not sure just how you would define a
vicious dog. Mayor Johnson assured the citizens he would do everything possible
to get something done about this dog.
(3) Bill Pressley, President of the Wills High School Band Club, stated the band
had been named by Governor Busbee as Official Goodwill Ambassadors to Alabama.
They need $650..00 for the trip on.May 3, 1980. Sixty or seventy students will
participate and Mr. 'Pressley asked the Mayor and Council to help with the finances.
After discussion, Elbert Coalson made a motion the City donate $100 to the Wills
High School Band for this trip. John Steely seconded the motion which carried
by a 7-0 vote.
(4) Richard Thomas of 3195 Highland Drive complained of raw sewerage in the
creek behind his home. He feared a health problem would result during the hot
weather. Mayor Johnson explained the pump at that station was broken and the