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.