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06-06-1977 Regular MeetingJune 6, 1977 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on June 6, 1977. The meeting was called to order by Mayor Arthur T. Bacon at 7:30 P.M. All Councilmen were present. Also present was City Attorney Chuck Camp, City Clerk Willouise Spivey, Controller Ron Egger, Police Chief Everett Little, Fire Chief Don Atkinson, City Inspector David Granade, Parks & Recreation Director Lee Silver, Public Works Director Jim David and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. No citizens reports. The first order of business was the request for a building permit at 2512 Spring Road for an Amvet Center, tabled at the May 16, 1977 meeting. Arthur Greenburg who applied for the permit in order to open a bingo operation was present. Mayor Bacon advised the application for the permit would be improper -:for the purpose stated if it is not a duly chartered Amvet Post and stated that unless Mr. Greenburg could come forward with the Charter, issued under the State and National by-laws, he would entertain a motion to deny. Jerry Mills made a motion to deny the permit, seconded by Elbert Coalson, opening the floor for discussion. Jerry Mills asked 'to see the Amvet Charter, and Mr. Greenburg presented the Post Charter, dated February r 4, 1977, advising the State and National Charters have not been issued as yet. He said he had a letter stating the State Charter would be issued and that Mr. Rhine,;; -the Administrative Officer, had applied for the National Charter. Col. Rhine was present and said the Charter had been applied for within the last two or three weeks. In'' answer to questions by Jerry Mills concerning the Amvet by-laws, Mr. Greenburg said they did have twenty-five signatures, although the by-laws only called for ten,, enabling them to form a Post in Smyrna, but they were not all from the Cobb County area; also they would hold meetings twice a month. Jerry Mills said that he had visited one of the Amvet Post and one Amvet Center, and in the Amvet Center signs were not posted as to hours the members would meet, only the hours to play bingo. Col. Rhine said he was only interested in promoting the Amvet organization in Georgia, was not interested in getting involved with gamblers from any other community. He said Mr. Mills evidently was interested in finding out if Mr. Greenburg was connected with any gamblers, and that he himself had called the Atlanta Police Department and the GBI concerning Greenburg, and both sources were negative. Mr. Mills stated they had not produced the signatures authorizing a Charter, also the National Organization in Washington, D. C. had no record of their applying for a Charter for a Post in Smyrna. Col. Rhine said the National Charter had not been requested, as the next meeting of the State Executive Committee would be held June 17th and at that time all applications for Charters would be submitted to the Executive Committee for approval, and if the Georgia Executive Committee approves the application the National Committee will issue a Charter. Col. Rhine said that when two Amvet Posts meet together, they call it an Amvet Center. Rem Bennett asked why they were applying for a permit before the Charter was approved. Mr. Bill Simon, Inspecting Auditor for the Amvets, was present and stated a Charter definitely had not been issued for a Post in Smyrna, had not been cleared through the State Executive Board yet. In answer to a question from Jerry Mills, Mr. Simon stated he did inspect the Amvet Centers, he took his orders from the SCC, State Executive Board, and if they thought a Post was not up to par, they instructed him to investigate. Mr. Simon stated that since the Amvet Centers were new the State Executive Board had not had an opportunity to discuss them on the floor, and that only one Center had been approved to date. Rem Bennett asked Mr. Simon if it was customary to ask for a permit before a charter was issued. Mr. Simon said it was possible they would be denied a charter if they found it was not opening for Amvet purposes. In answer to a question by Elbert Coalson, Mr. Simon said anytime they get two Posts together it is called a Center. Mr. Simon said the Amvets Corporation is strictly a charitable organization and that all members were issued cards. Jerry Mills said the application for the building permit was in the name of Arthur Greenburg and not the Amvets, and it led him to believe this will be a gambling place, not an Amvet Center. Mr. Greenburg said he explained the plans in a letter to Mayor and Council. Jerry said Mr. Greenburg submitted a ruling from the IRS as to what, if any, areas of the Amvets organization would be tax exempt and that Amvet Centers were n6t listed. Mr. Greenburg said a Center was only two posts, meeting together. M Greenburg said they were legally recognized by Congress, and in order to get a building permit he was being put on the stand to prove who he and the Amvets are. Rem Bennett told Mr. Greenburg to come back after he has the Charter and Council would talk to him. Jerry Mills advised Mr. Greenburg that Mr. Sanchez of the National Organization had asked us to hold everything until he could check things out. Police Chief Little stated he had received a call from a Mr. Sanchez, National President in (Continuation of.June 6, 1977 Meeting) Washington, about 4 o'clock today. He stated he did not know the people involved nor about the plans being submitted, and requested that this body please withhold any action on anything under the name of Amvets until the National office could make an investigation to determine whether or not this was a bonafide operation. Mr. Sanchez asked that this information be passed on to Mayor and Council. Homer Kuhl asked the following questions: (1) Is the Amvet Center owner of the land in question, and (2) is the Amvet Center the tax payer on the property? The answer to both questions was no. Homer Kuhl stated that by answering these two questions no, the building permit application is in violation of the ordinance, since it lists Amvet Center as property owner and tax payer, being signed by Arthur Greenburg. Mayor Bacon called for a vote on the motion, which carried by unanimous vote to deny. The next order of business was the request by Shell Oil Co., 2995 Atlanta Road, for a building permit. Jim Stone, an independent dealer, stated he wanted to convert the bays into an independent food store and use a console computer with dead switches at the pumps, allowing him to operate both the food store and the gas pumps with one employee. As our ordinance stands it would require one employee operating the food store, a second to tend the pumps. He stated he could not afford two employees. Homer Kuhl said we had one of the better self-service ordinances in the state and he was not in favor of changing it. Bill Darby made a motion to approve the permit and waive the ordinance. C. 0. Canada seconded the motion. Bill Darby said we had a couple of stations operating in the city with one man operating both the pumps and carwash. During discussion it was decided that if anyone was in violation of the ordinance they should be cited. A representative of the Shell Oil Company spoke in favor of the operation as requested by Mr. Stone. Vote on the motion to approve was one to six. Bill Darby voted for. Jim Tolleson, Jerry Mills, Homer Kuhl, C. 0. Canada, Elbert Coalson and Rem Bennett voted against the motion. Mayor Bacon called for discussion on the Tournament Guidelines at King Springs Park. John C. Porterfield, representing the Wills Booster Club, objected to Rule #3, which states the Parks and Recreation department must be compensated at a rate of $10.00 per hour for park supervision and utilities, including lights and con- cession stand. Mr. Porterfield stated he thought that if this rule was going to be imposed, it should be done during the winter and everybody live with it through the year. He said one tournament had already been held and another was scheduled, without charge. The Wills Boosters Club requested this rule be waived for any nonprofit organization until the end of the ball season. C. 0. Canada said that even with this charge for supervision and utilities, we still could not break even. Homer Kuhl said he would like to see the guidelines adopted as of September 1, 1977. Lee Silver said each tournament meant thirty hours work for park personnel, and if the guidelines were not adopted now, he would have to ask Mayor and Council to approve overtime pay for park employees. Bill Darby made a motion the guidelines be approved, waiving the fees for the Wills and Jaycees tournaments only, and from that point on, the guidelines would apply as written. Jim Tolleson seconded the motion and the vote was five for and two against. Homer Kuhl and Jerry Mills voted against the motion. Bill Darby, Jim Tolleson, C. 0. Canada, Elbert Coalson and Rem Bennett voted for. The approved guidelines are as follows: King Springs Park Tournament Guidelines 1. Sponsors must furnish A.S.A. or N.B.C. approved umpires with minimum of three years experience and hold current membership in an active association. 2. A supervisor employed by the Smyrna Parks and Recreation Department must be in attendance throughout the entire tournament. 3. The Parks and Recreation Department must be compensated at a rate of $10.00 per hour for park supervision and utilities. This includes lights and con- cession stand. 4. A $50.00 security deposit must be paid five days prior to the tournament. This deposit is refundable following a satisfactory inspection of facilities at the conclusion of the tournament. 5. Due to the limited amount of parking available, the tournament sponsors must assign a crew to the parking lot to supervise traffic. This crew must remain in the parking lot throughout the tournament. Parking on the grass, yellow curb or double parking is not allowed. (Continuation of June 6, 1977 Meeting) 6. All night games must be scheduled to be completed no later than 10:30 P.M. No inning will start after 10:30 P.M. 7. Tournament sponsors must furnish their own bases. 8. Tournament sponsors are responsible for total cleanup during and after the event. This includes kitchen and cooking facilities, trash pickup, bathrooms mopped and cleaned, etc. Failure to comply with these stipulations will mean the forfeit of,the $50.00 security deposit. 9. Tournament officials are responsible for maintenance, lining, and upkeep of the playing fields throughout the tournament. 10. In the event of inclement weather, the Parks department staff person on duty will have the final say as to whether or not play will continue. Games will be called if in the judgement of the staff person, continued play would endanger participants or the condition of the playing field. 11. Tournament sponsors will be responsible for the conduct of all participants and spectators in attendance. There will be no alcoholic beverages in the park and all city ordinances will be obeyed. 12. Tournament sponsors will be held responsible for all property damages incurred during and immediately after the scheduled event. 13. Only scorekeepers and authorized personnel will be allowed access to the up- stairs scorekeeping area and kitchen facilities. 14. The $10.00 per hour compensation fee must be paid to the City of Smyrna at the conclusion of the tournament. C. 0. Canada made a motion we reimburse from the General Fund the amount to be paid two supervisors who work the two tournaments not covered under'the guidelines. Jim Tolleson seconded the motion and the vote was unanimous. Commercial building permits were submitted by David Granade and upon his recommen- dations the following action is recorded: (1) Quantum Electric Company requested a permit to erect an office building com- plex at the corner of Elmwood Drive and Corn Road. Plans met the requirements of the Fire Marshall and he recommended they be approved. Jim Tolleson made a motion the permit -be granted. Elbert Coalson seconded the motion and the vote was unanimous. (2) Opal McLarty requested a variance in order to build a carport onto her home at 964 Magnolia Drive. A letter was submitted from the adjoining neighbor which read as follows: "I have no objections to my neighbor, Opal McLarty, 964 Magnolia Drive, building a carport. It must be well built as of the same quality as our homes already built. At no time now or in the future may it be enclosed as a room. It must be at least four feet from my property line." Signed Mildred S. Barrett, 974 Magnolia Drive. C. 0. Canada made a motion the permit be granted. Rem Bennett._ seconded the motion and the vote was unanimous. On motion by Rem Bennett seconded by Jim Tolleson, Section 14-40 of the Code of Ordinances, City of Smyrna, Georgia, is hereby amended to read as follows: Section I (a) This ordinance is enacted in accordance with the Plan designed for the purpose, among others, or promoting the health and general welfare of the community to establish reasonable and ascertainable standards for the regulation and control of pawn shops or similar places where money is advanced on goods or other effects, or merchandise of any kind is taken in pawn. Also similar places, better knwon as "Swap Shops," that buy, sell and trade new and used merchandise from and with an individual or individuals. Vote on the motion was unanimous. On motion by Homer Kuhl, seconded by Jerry Mills, the Industrial Development Feasibility Study was awarded to Presnell-Kidd Associates for $13,500. Vote on the motion was unanimous. Ms. Laurie Reeves, representing the Smyrna Federated Woman's Club, was present to explain their project for raising funds for the Smyrna Library expansion. Mayor and Council endorsed the project and the first fund raising effort will be a band concert at King Springs Park on August 28, 1977, rain date of September 11, 1977. This project will be coordinated by the Smyrna Federated Woman's Club, Smyrna Parks and Recreation Director and the Smyrna Library personnel. (Continuation of June 6, 1977 Meeting) On motion by C. 0. Canada, seconded by Homer Kuhl, the minutes of May 2, 1977 council meeting were approved as submitted, by unanimous vote. On motion by Jim Tolleson, seconded by Bill Darby, the minutes of the May 7, 1977 council meeting were approved as submitted, by unanimous vote. On motion by Jerry Mills, seconded by Homer Kuhl, the minutes of the May 16, 1977 council meeting were approved as submitted, by unanimous vote. Rem Bennett made a motion the discussion on appointing a Director of Finance and Administration be tabled until the next meeting. Jim Tolleson seconded the motion and the vote was unanimous. Committee Reports: Jim Tolleson reported the Certified City's Ward by Ward Clean- up program as follows: Ward 1 Week of June 13th Ward 2 Week of June 20th Ward 3 Week of June 27th Ward 4 Week of July 4th Ward 5 Week of July llth Ward 6 Week of July 18th Ward 7 Week of July 25th Anything carried to the street will be picked up or hauled away. Bill Darby read a request from the Smyrna Jaycees for a Parade permit for 10:00 A.M., July 2nd. The parade will start at Grant City, turn north on South Cobb Drive, right on Cherokee Road, right on Ward Street to Nash School. Bill Darby made a motion the permit be approved. Jerry Mills seconded the motion and the vote was unanimous. Bill Darby made a motion to amend Section 8-8, Code of Ordinances, City of ,Smyrna as follows: Be it Resolved that Section 8-8 of the Code of Ordinances, City of Smyrna, Georgia, is hereby amended to read as follows: "Bail or appearance bonds shall be posted in amounts, if cash, and in multiples thereof as specified, if signed bonds, as shall be established by the Chief of Police and Recorder of the Recorders Court of the City of Smyrna upon filing of the schedule thereof with the Clerk of the City, subject to approval or re- vision by Mayor and Council at any regular or called meeting. In any event said schedule shall be maintained in the office of the City Clerk with dates of revision posted thereon and shall be as fully effective as if spread upon this code. Notes: Failure of the defendant to appear for the first court call shall be authority of the court to forfeit signed bonds in the full amount. Any speed above 70 miles per hour post bond (minimum $100.00, maximum $300.00) and appear in court. On any second offense, defendant must appear in court. D.U.I., driving with license in revocation, accident, drag racing, and excessive speed defendant must appear in court. Arresting officers shall determine necessity of appearance in court of defendants on cases not made mandatory herein. All ordinances in con- flict herewith are hereby repealed." C. 0. Canada seconded the motion and the vote was unanimous. Bill Darby made a motion to waive bid requests for a new lavatory and commode, also repairs on the closed circuit TV in the police station, and authorize Chief Little to work with the purchasing agent to purchase at the best prices. Homer Kuhl seconded the motion and the vote was unanimous. Homer Kuhl asked Attorney Camp to clarify a question on street annexation. When property is annexed into the city, is the adjoining street also annexed? He ad- vised the annex was to the center of the street. A motion was made by Homer Kuhl to annex the part of Concord Road adjoining the Bowen property. Rem Bennett seconded the motion. After discussion Rem Bennett moved to amend the motion to read - that Concord Road from the Bowen property to South Cobb Drive be annexed into the city. .A The motion was withdrawn when the Attorney asked for time to study and research this subject.__) Homer Kuhl scheduled a budget meeting with the police department at 6:00 P.M., another with the fire department at 7:00 P.M. tomorrow. Action will be taken on Revenue Sharing expenditures at the next meeting. (Continuation of June 6, 1977 Meeting) Homer Kuhl reported the Lynch versus the City of Smyrna suit was on the docket for next week. Our offer to settle for $3500 was refused. They are asking for $9000 and it was agreed the case would be tried and hopefully the award would be less than $9000. Homer Kuhl read a letter from the Georgia Commission for the National Bicentennial Celebration addressed to Mrs. Katherine Jones, Librarian, Smyrna Public Library, commending her for the Smyrna Library's "American Bicentennial Babies" project, honoring all babies born in Smyrna in 1976. They also presented her with a Certificate of Official Recognition. We commend Mrs. Jones and the library staff for this outstanding contribution to the Bicentennial celebration. Homer Kuhl made a motion the employees lounge be moved across the hall. Jerry Mills seconded the motion and the vote was unanimous. C. 0. Canada reported that Cindy Cochran, daughyer of ex -councilman Earl Cochran had brought great recognition to our city by setting a new national track record. She has also broken two or three state records so far this year. She ran 220 yards in 25 seconds. Mr. Canada made a motion the Mayor honor Cindy with a letter of commendation. Rem Bennett seconded the motion and the vote was unanimous. C. 0. Canada made a motion that bids be requested for a 15 passenger van for the Parks and Recreation department. Jerry Mills seconded the motion and the vote was unanimous. Bids will be opened at the June 20th meeting. Mr. Canada advised the July 4th festival will be held on July 2nd, one day only. Rem Bennett made.a motion the request for a retail pouring license management change for Lums Restaurant, Robert J. Swift, be approved subject to the FBI check. Elbert Coalson seconded the motion and the vote was six for and one against. Homer Kuhl voted against the motion. Rem Bennett made a motion the request for a malt beverage pouring license manage- ment change for Peking Garden Restaurant, Peter Cha, be approved subject to the FBI check. Elbert Coalson seconded the motion and the vote was six for and one against. Homer Kuhl voted against the motion. a Rem Bennett urged the Finance Committee to meet once more to see if anything could be worked out to build the swimming pool and pavilion at King Springs Park. He would like the park to completed if at all possible. Citizens Reports - Ken Travis stated he was going to build a home in Smyrna and was informed by the permit department that he would have to purchase a general contractors license to build his own home. He voiced his disagreement with this procedure to Mayor and Council. Inspector David Granade stated the Southern Building Code defined a contractor as anyone who engages in constructing a building of any kind for a profit., and his interpretation was that his profit would be the money he saved in building his own home. Attorney Camp did not agree with this interpretation and said the ordinance would have to be amended if Mr. Travis is considered a general contractor. Mr. Travis was advised to contact the building inspector tomorrow. Meeting adjourned at 9:30 P.M. June 20, 1977 The regularly scheduled meeting of Mayor and Council was held June 20, 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 Chuck Camp, City Clerk Willouise Spivey, Controller Ron Egger, Police Chief Everett Little, Fire Chief Don,Atkinson, Director of Parks and Recreation Lee Silver, City Inspector David Granade, Director of Public Works Jim David, Director of Civil Defense Jim Farley and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. No Citizens Reports.