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07-05-1977 Regular MeetingJuly 5, 1977 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on July 5, 1977 at the 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 C. E. Camp, City Clerk Willouise Spivey, Controller Ron Egger, Director of Parks and Recreation Lee Silver, City Inspector David Granade, Police Chief R. E. Little, Fire Chief Don Atkinson, Ass't. Director of Public Works Vic Broyles, Director of Civil Defense Jim Farley and representatives of the press. Invocation was given by Rev. Marc Bramblett, pastor of the King Springs Baptist Church, followed by the pledge to the flag. David W. Mulks notified the City Clerk he could not be present on July 5, 1977 for the hearing of his appeal of the decision of recorder's court. The hearing was rescheduled for August 1, 1977, 7:30 o'clock P.M., at the City Hall. (Officer Stakley will be out of town on July 18, 1977.) Request for a retail liquor, malt beverage and wine (package) license, Sav-Way Package Store, Inc., 3809-3813 South Cobb Drive was next on the agenda. The applicant; David Bowie Gray was present. Also present was approximately 40 people in opposition. A letter was read from Police Chief R. E. Little stating an investi- gation by the police department does not reflect any reason why the above licenses should not be granted. City Inspector David Granade stated he had contacted the State Revenue Department and they advised a license could not be issued to a liquor store if the name indicated discount sales, and the name "Sav-Way" did indicate a cut rate price. Jerry Mills made a motion this request be tabled until the next meeting allowing Attorney Camp time to check it out. C. 0. Canada seconded the motion and the vote was unanimous. Bids for the installation of four (4) sirens for the Civil Defense department were opened, read and are recorded as follows: Thomas W. Prather Elec. Co. $4,369.38 Baldwin Elec. Service 1,900.00 Bill Darby made a motion the bids be turned over to committee for further study. Homer Kuhl seconded the motion and the vote was unanimous. Jerry Mills reported the $12,000 bid on the LN800 Ford chassis,for the Sanitation department did not have an automatic transmission, therefore did not meet the specifications. The $15,000 bid did meet specifications. Commercial building permits were submitted by Inspector David Granade and upon his recommendations the following action is recorded: (1) The First Baptist Church, 1275 Church Street, requested a permit to remodel the second story of the church building. Plans met the requirements of the Fire Marshall and building code. Rem Bennett made a motion the permit be approved. Jim Tolleson seconded the motion and the vote was unanimous. (2) A permit was requested for a storage warehouse building at 2158 Atlanta Road. Plans met the -requirement of the Fire Marshall other than the required certified Engineers stamp. Rem Bennett made a motion the permit be approved, subject to the certified stamp being received. Jim Tolleson seconded the motion and the vote was unanimous. Rem Bennett made a motion to table until the next meeting the request to amend Article I, Chapter VI of the Code of Ordinances. Elbert Coalson seconded the motion and the vote was unanimous. Discussion was held on the Ordinance establishing the office of Director of Finance and Administration. Homer Kuhl asked for clarification of budget formulation and stated he did not think one person would know enough about every department to formulate the budgets. After further discussion Jerry Mills made a motion the Ordinance be adopted. Rem Bennett seconded the motion and the vote was six to one. Homer Kuhl voted against the motion. Mayor Bacon read a letter from Berl Tate stating he had been successful in getting the City of Smyrna and the Smyrna Police Department dismissed from the suit of Phillip Mark Kowalski vs. City of Smyrna, et al., Civil Action C-75-2291A. The remaining defendants, Kent R. Sims, Lewis V. Brendle, Jr., Curtis C. Cook, Robert L. Drake, Joseph C. Marks and W. G. Fuller remain in the case for determination of (Continuation of July 5, 1977 Meeting) their individual liability to the plaintiff, but that no liability of any of these individuals, if any, can be attached to the Smyrna Police Department or the City of Smyrna. He further stated that at the time this suit was furnished him for handling, it was his understanding that he was not only to represent the City of Smyrna and the Smyrna Police Department, but also the above named individuals, and if he is not to represent these individuals, he wished to be advised immediately. Homer Kuhl stated he understood Mr. Tate would handle the case through to com- pletion, and made a motion Berl Tate continue,this case. Jerry Mills seconded the motion. During discussion C. 0. Canada asked what Mr. Tate would charge to represent these men and stated he would not vote for him to continue until he knew what the charges would be. Jim Tolleson made a motion to table this request. C. 0. Canada seconded the motion to table and the vote was unanimous. Homer Kuhl requested Willouise Spivey to contact Berl Tate about his cost to continue the case. Bill Darby made a motion the minutes of June 6, 1977 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Jerry Mills made a motion the minutes of June 20, 1977 be approved as submitted. Jim Tolleson seconded the motion and the vote was unanimous. Homer Kuhl made a motion the minutes of June 27, 1977 be approved as submitted. Bill Darby seconded the motion and the vote was unanimous. Committee Reports Rem Bennett made a motion Ron Egger be appointed Director of Finance and Admin- istration. Jim Tolleson seconded the motion and the vote was unanimous. Rem Bennett asked about a radio for the City Inspector's car. The committee is working on this. C. 0. Canada reported the 4th of July festival was very successful. Jerry Mills reported the two street resurfacing projects had been approved and Cherokee Road had been included. He stated some of the problems on Cherokee Road were caused by a dummy catch basin. The State has agreed to furnish the pipe to make the catch basin active, if the city would furnish the labor. Jerry made a motion the city furnish the labor to correct this catch basin problem. Jim Tolleson seconded the motion and the vote was unanimous. Bill Darby stated the "Welcome to Smyrna" sign on South Cobb Drive should be moved to the beginning of the city limits at Ridgeview Drive, and asked what would be involved in getting permission from the property owners or the highway depart- ment. The street department will check on this. Jim Tolleson reported some promotions in the fire department as of July 1st. Lt. Bivins was promoted to Captain, Engineer Thomas to Lieutenant and four firemen to Engineers. The department reported only $300 in fire losses in June. C. 0. Canada reported he had had several requests from citizens to get a traffic light at Bank Street and South Cobb Drive but had advised them the State Highway Department would not allow a light at that location. C. 0. Canada stated the committee would meet on the guidelines for the wrecker service probably tomorrow. Jerry Mills made a motion the qualifying dates for the November 1, 1977 election be as follows: Opening date -- September 19, 1977 at 8:30 A.M. Closing date -- October 4, 1977 at 5:00 P.M. The motion was seconded by C. 0. Canada and the vote was unanimous. There being no further business the meeting was adjourned at 8:15 P.M.