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08-01-1977 Regular MeetingAugust 1, 1977 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 1, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 p.m. Councilmen present were Bill Darby, Jerry Mills, C. 0. Canada, Elbert Coalson and Rem Bennett. Jim Tolleson was on vacation, and Homer Kuhl had resigned as of July 31, 1977. Also present was City Attorney Chuck Camp, City Clerk Willouise Spivey, Director of Finance Gunter Newsom, Police Chief Everett Little, Fire Chief Don Atkinson, Building Inspector David Granade, Director of Public Works Jim David and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the Flag. Mayor Bacon advised that Homer Kuhl of Ward 4 had resigned as of July 31, 1977 and that he would entertain a motion to appoint someone from Ward 4 to fill the unex- pired term. C. 0. Canada made a motion James M. (Jim) Hawkins be appointed to fill the unexpired term of Homer Kuhl. Elbert Coalson seconded the motion and the vote was unanimous. Judge Harris Hines administered the Oath of Office to Jim Hawkins and he took his seat on Council. Mayor Bacon recommended C. 0. Canada be appointed as Mayor Pro tem. Jerry Mills made a motion, seconded by Bill Darby, that C. 0. Canada be appointed as Mayor Pro tem. Vote on the motion was five for, with C. 0. Canada abstaining. A representative of the Smyrna Jaycees requested permission to hold a bucket brigade at the corner of Spring Road and Hargrove Road this next Saturday from 9:00 a.m. to 1:00 p.m. Jerry Mills made a motion permission be granted. Bill Darby seconded the motion and the vote was unanimous. Bids for the wrecker service contract were opened, read and are recorded as follows: Cumberland Billy Barrow Marietta Gulf Howard Shell Wrecker (a) Cars and small trucks impounded by Smyrna City Police Department $ 5.95 $ 8.00 $10.00 $ 8.50 (b) Large trucks over two (2) tons 12.45 12.00 20.00 15.00 (c) Large garbage trucks, loaded N/C N/C N/C 35.00 (d) Large garbage trucks, empty N/C N/C N/C 30.00 (e) Towing City Police cars to garage N/C N/C N/C N/C (f) Towing Smyrna City Fire Dept. vehicles to city garage N/C N/C N/C 10.00 (g) Smyrna City Civil Defense vehicles N/C N/C N/C 10.00 (h) Install spare tire and service call on Smyrna Police cars N/C N/C N/C 5.00 Jerry Mills made a motion the bids be turned over to committee to check out equip- ment and storage space, with authority to act on the low bid. Rem Bennett seconded the motion and the vote was unanimous. The next item of business was to hear the appeal of the decision of recorder's court of David W. Mulks. Mr. Mulks was not present and Jerry Mills made a motion the appeal be dismissed. C. 0. Canada seconded the motion and the vote was unanimous. Mr. Mulks did appear later and a motion was made by C. 0. Canada, seconded by Rem Bennett, to rescend the motion to dismiss in order to hear the appeal. Vote on the motion was unanimous. Both David W. Mulks and Smyrna Police Officer Stakley were sworn in by City Attorney Chuck Camp. Mr. Mulks stated he did not think he should have gotten a ticket for improper passing. He was in the left turn lane on Cherokee Road wanting to go south on South Cobb Drive but the car in front of him would not move and he pulled out to his right and went straight through the inter- section. Officer Stakley stated that when Mr. Mulks went straight through the intersection, he was in the left turn lane on Jones Shaw Road. He showed a diagram of the intersection and movement of traffic at that time. After discussion Jerry Mills made a motion the decision of recorder's court be upheld. C. 0. Canada seconded the motion and the vote was unanimous. Mr. Mulks was advised he could request an appeal from Cobb Superior Court. A discussion was held on the feasibility of advertising all Alcoholic Beverage Ordinance changes. Attorney Camp stated he was in doubt about advertising for two weeks and said we could not restrict other administrations. He advised the adver- (Continuation of August 1, 1977 Meeting) tising of amendments to the present ordinance be adopted as a policy. Jerry Mills made a motion as follows: "It shall be the policy of Mayor and Council that before any changes are made in the Code of Ordinances, City of Smyrna, Georgia, Alcoholic Beverages, Section 3-24, Section 3-25 or Section 3-26, prior notification be given to the public by publication in the official media in each of the two weeks preceding the Council meeting in which the proposed changes or amendments are to be considered." Rem Bennett seconded the motion and the vote was unanimous. Rem Bennett asked Building Inspector David Granade to read the request to amend the Code of Ordinances, Chapter VI, Article I, which was tabled at the last meeting. Section 6-7, to be added, read as follows: Section 6-7: Contractors; General Contractors (a) Any person, firm or corporation engaged in or who shall engage in the business or capacity of a contractor or general contractor within the City of Smyrna, shall procure and maintain at all times while so engaged, a license therefor in the amount of $50.00 for each contractor's license and in the amount of $100.00 for each general contractor's license, each of which shall be a license for the calendar year. (b) Every person, firm or corporation who is engaged in accepting orders or con- tracts on cost plus, fixed fee, stated sum, percentage or any combination thereof or other compensation other than wages, doing work on or in any build- ing or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, metallic piping, tin, lead or any other building material; or doing any paving or curbing on sidewalks or streets; on public or private property, using asphalt, brick, stone, cement or wood or any com- bination thereof; or excavating for foundations or any other purpose; or construction sewers, septic tanks or bridges; or who is engaged in building, remodeling, repairing, razing or moving whether it be by day labor, contract, cost plus, fixed fee, stated sum, percentage or any combination thereof or other compensation other than wages shall be deemed to be a contractor. (c) This section shall also include any person, firm or corporation engaged in the business of building, remodeling, repairing, razing or moving, and doing its own building without the aid of an outside contractor. (d) Any person, firm or corporation who engages in supervising the construction, alteration, razing or repair of building in the city, even if doing part of the manual work himself, and who has the general direction and control of the carpenters, masons or other parties employed in the work, shall be classified as a general contractor regardless of the method by which he is compensated for his services. (e) No general contractor or contractor shall begin construction on any residence, dwelling, building, or other structure in the City of Smyrna without having first obtained from the City Engineer of said City the line grade of said street on which.such residence, dwelling, building, or other structure is to be located. Discussion followed and Jerry Mills questioned Sections (b) and (d). Elbert Coalson stated he did not think Council was well enough informed on what the amend- ment actually meant, and made a motion it be tabled again, asking that Council meet before the next meeting to iron out the differences. Jerry Mills seconded the motion. Vote on the motion was 4-1-1. Jerry Mills, Elbert Coalson, C. 0. Canada and Rem Bennett voted for; Bill Darby voted against and Jim Hawkins abstained. Mayor Bacon called a meeting for Saturday morning to discuss this ordinance. Commercial building permits were presented by Building Inspector David Granade and upon his recommendations the following action is recorded: (1) Smyrna Container Company, 1974 Corn Road, requested a permit to build an addition onto a covered dock. The plans met all requirements. Rem Bennett made a motion the permit be granted. Elbert Coalson seconded the motion and the vote was unanimous. (2) Smyrna Container Company, 1794 Corn Road, requested a permit to build a storage and production building. Plans met all our requirements and had been approved by the Fire Marshall. C. 0. Canada made a motion the permit be granted. Jerry Mills seconded the motion and.the vote was unanimous. (Continuation of August 1, 1977 Meeting) (3) Russell Bush requested a permit to erect a permanent building for a used car lot at 2833 So. Cobb Drive. Plans had not been reviewed by the Fire Marshall. David recommended the permit be approved, subject to the Fire Marshall's checkout. C. 0. Canada made a motion the permit be granted, contingent upon a letter from the owner of the property, giving him permission to build the permanent structure on the property, also the approval of the Fire Marshall. Jerry Mills seconded the motion and the vote was unanimous. (4) Don -Lon Contractors requested a permit for Amterre Corp., to remodel section C-5, Cobb Center Shopping Center, 2200 South Cobb Drive, for use as a pizza shop. Plans met the requirements of the health department, fire department and building codes. Rem Bennett made a motion the permit be granted. C. 0. Canada seconded the motion and the vote was unanimous. (5) Atlanta Structural Concrete Company requested a permit to install bleachers at Wills High School. Plans met the requirements of the fire department and the building code. Rem Bennett made a motion the permit. be granted. C. 0. Canada seconded the motion and the vote was unanimous. (6) Dan Burns Construction Co. requested a permit to subdivide the Grant City building, located at 3250 South Cobb Drive. Plans met all requirements. During discussion it was learned the building would be used by the Order of the Orioles to play bingo. C. 0. Canada made a motion to approve the building permit to erect the wall. Jerry Mills seconded the motion and the vote was 4-2. Jim,Hawkins and Rem Bennett opposed the motion. Committee Reports: Elbert Coalson made a motion the City of Smyrna buy a $45.00 ad in the Wills Booster Club program. Discussion followed. Bill Darby said if we did it for one school we would have to do it for all. C. 0. Canada said it was a worthy cause and he thought we owed it to Wills and Campbell Schools. Jerry Mills said he thought we should set up a certain amount in the budget for these ads and spend that amount and no more. Rem Bennett seconded the motion to buy the Wills ad, and the vote was unanimous. C. 0. Canada reminded Mayor and Council of the Parks and Recreation cookout at King Springs Park on August 16th. Jerry Mills stated the Public Works Department had approval of an asphalt roller for $17,000 and an Air Compressor for $5,500 to be purchased from Revenue Sharing Funds. He said the department was in dire need of this equipment and asked Bill Darby if he would calla finance committee meeting some time this week. Jim Hawkins thanked Mayor and Council for appointing him to fill the unexpired term as Councilman from Ward 4, stating he appreciated their confidence and he was ready to go to work. Mayor Bacon read a letter from the United States Department of the Interior with which they sent a quitclaim deed to convey a 77.472 acre portion of Dobbins Air Force Base to the City of Smyrna for public park and recreational purposes. Mayor Bacon asked the following Resolution be adopted: "BE IT RESOLVED that the City of Smyrna does hereby gratefully accept the grant by Quit Claim Deed from the United States of America, through the Secretary of the Interior acting through the Southeast Regional Director, Bureau of Outdoor Recreation, that certain property consisting of approximately 77.472 acres declared surplus and lying within Dobbins Air Force Base and hereby agrees to be bound by the terms and provisions thereof for use as a park; BE IT FURTHER RESOLVED that Arthur T. Bacon, Mayor of the City of Smyrna is hereby authorized to join in the acceptance and execution of said Quit Claim Deed; AND BE IT FURTHER RESOLVED that the Mayor is hereby requested to convey to the Secretary of the Interior, Southeast Regional Director, Bureau of Outdoor Recreation, Honorable Senators Eugene Talmadge and Sam Nunn, and any other officials who may have assisted in the acquisition of said park property, the grateful appre- ciation of the citizens of the City of Smyrna and the wholehearted thanks of Mayor and Council. a -1 This 1st day of August, 1977." E C. 0. Canada made a motion the above Resolution be adopted. Elbert Coalson seconded the motion and the vote was unanimous. R Continuation of August 1, 1977 Meeting) Mayor Bacon introduced Gunter Newsom, the new Director of Finance & Administration. Mayor Bacon read the new committees as follows: Finance & Administration Library & Purchasing Streets and Sanitation Inspection Department Parks and Recreation Water Department ,Fire Department Police Department and Civil Defense Public Works, Garage and Construction Insurance and Employees Benefits Bill Darby (Chairman) Jerry Mills C. 0. Canada Jerry Mills (Chairman) Rem Bennett Jim Hawkins Rem Bennett (Chairman) Jim Tolleson C. 0. Canada C. 0. Canada (Chairman) E. R. Coalson Jim Tolleson E. R. Coalson,_(Chairman) Jim Tolleson C. 0. Canada Jim Tolleson (Chairman) Bill Darby E. R. Coalson Rem Bennett (Chairman) Elbert Coalson Bill Darby Jim Hawkins (Chairman) Jim Tolleson C. 0. Canada Jerry Mills (Chairman) Rem Bennett Jim Hawkins Jerry Mills stated he had had requests for a 3-way stop sign to be erected at Clifton Road and Rita Way and made a motion the sign be approved. Jim Hawkins seconded the motion and the vote was unanimous. A citizen residing on Church Street requested a stop sign on Church Street at Clifton Road. He reported there had been 4 major wrecks within the past year at this intersection. Jim Hawkins asked him to meet with him after the meeting. Jerry Mills made a motion the minutes of July 5, 1977 be approved as submitted. C. 0. Canada seconded the motion and the vote was unanimous. Jerry Mills made a motion the minutes of the July 18, 1977 meeting be approved as submitted. Bill Darby seconded the motion and the vote was unanimous. A representative of the Smyrna Athletic Association requested a parade permit for September 3, 1977 between the hours of 1 and 3 in the afternoon. Approximately 40 units will make up the parade. It will form at the Smyrna Drive -In and take the same route as last year. He promised to get the exact time, route, etc. to Bill Darby. Elbert Coalson made a motion the parade permit be approved. C. 0. Canada seconded the motion and the vote was unanimous. Concerning the grievance filed by Engineer Gary Sanders of the Smyrna Fire Depart- ment, against the Civil Service Board regarding promotion, Attorney Chuck Camp said there was some doubt about the legality of doing anything. According to the Charter, council cannot do a thing. There being no further business, the meeting was adjourned at 9:00 P.M. \