10-06-1980 Regular MeetingOctober 6, 1980
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on October 6, 1980 at City Hall, Smyrna, Georgia. 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, Police Chief R. E. Little, Ass't. Fire Chief
Hubert Cochran, Parks Director Bill Johnston, Building Inspector Dan Steely, Civil
Defense Director Jim Farley, Public Works Director Jim David and representatives
of the press.
Invocation was given by Jim Hawkins. The pledge to the Flag was led by two Boy
Scouts from Troup 531 in Mableton.
Mayor Johnson read a Proclamation declaring October 12-18, 1980 "International Alpha
Delta Kappa Week" and presented the signed proclamation to Martha Curtis, teacher
at Wills High School and Bonnie Chambers, who teaches at Mabry Middle School.
Tom Charron, candidate for District Attorney was recognized.
Jack Shinall asked permission to make a point of personal priviledge. He stated
he made a statement to the press this morning that he thought was for the Tuesday
paper. Instead, it was published today, and he apologized to Mayor and Council
-for breach of trust.
Citizens Reports: Bob Arnold of 2635 Hickory Circle stated that he was Chairman of
the Parks and Recreation Commission and had worked closely with the City for many
years, enjoying every minute of it. He expressed his appreciation to Council for
their efforts and said that personally he could see no alternative but to increase
taxes to meet increased exoenses. He said he was aware of the drastic cuts in the
budget for all departments but urged Council not to -forget the investments we have
in the parks; also businesses moving into the city are interested in three things —
churches, school and recreation. He asked that if all possible, to please leave the
adult supervisor for recreation in the budget.
Zoning: Kenneth Sapp requested that 1042 Concord Road be rezoned from Future
Commercial to Limited Commercial, to be used for a sales office. There was no
opposition. The Planning and Zoning Board recommended this property be rezoned.
Jim Hawkins stated this rezoning request had been properly advertised and made a
rmtion it be approved. Jack Shinall seconded the motion which carried by a 7-0 vote.
Zoning:'John W. Davis requested property located at 1302 Concord Road be rezoned
from R-15 to Limited Commercial, to be used as an office by an insurance agency.
There was no opposition and the Planning and Zoning Board recomrrexided this property
be rezoned. Jim Tolleson made a motion property located at 1302 Concord be rezoned
as requested. Elbert,Coalson seconded the motion and the vote was 6 for and 1
abstention. Max Bacon abstained since his in-laws owned the property.
Alcohol Beverage License Management Change: Beer/Wine Package License, 777 Food
Store, 1741 Roswell Road, John Bang, applicant: Jim Hawkins asked Mr. Bang if he
understood the alcohol beverage ordinance, the legal age law and if he checked ID's.
Mr. Bang said he did understand the ordinance, the legal age law and he did check
ID's. A letter from Police Chief R. E. Little stated an investigation by his
department did no reflect any factors, other than language difficulty, that would
prevent Mr. Bang from obtaining the license requested. Jim Hawkins made a motion
the license be granted, however, if Mr. Bang's inability to fluently speak and
understand the english language causes trouble, he cannot use this as an excuse for
not following the ordinance. Jerry Mills seconded the motion which carried by
a 7-0 vote.
Commercial Building permits were present by Inspector Dan Steely and the following
action is recorded:
(1) American Fitness Center, 3270 South Cobb Drive requested a permit for an addition
to the present structure. Plans had been approved by the Fire Marshall and the
Inspection department and Dan Steely recommended they be approved. John Steely made
a motion the permit be granted. Elbert Coalson seconded the motion which carried by
a 7-0 vote.
Jim Tolleson made a motion the minutes of September 8, 1980 be approved as submitted.
Jim Hawkins•seconded the motion which carried by a 7-0 vote.
Jerry Mills made a motion the minutes of September 15; 1980 be approved as submitted.
Elbert Coalson seconded the motion which carried by a 7-0 vote.
October 6, 1980 - Continued
Jerry Mills made a motion the minutes of September 24, 1980 be approved as submitted.
Max Bacon seconded the motion which carried by a 7-0 vote.
Elbert Coalson read the following statement: "I have been a member of the Smyrna
City Council for over 10 years and during this time I have been lucky enough to have
never had to vote for a tax increase. During this time I have been able to vote for
decreases in the City's millage rate because the city didn't need to have as high
a millage rate as it did. Because I was able to vote for cutting taxes when the
city didn't need money, I believe I should propose and vote for a tax increase when
it is necessary. The city has been able to cut the millage rate consistently since
1958 and needs to, for this fiscal year, set the millage at 14 mills, which is a tVrb
(2) mill increase over the last year's rate. I therefore now make the following
motion: I move that the City of S7myrna's ad valorem tax millage be set at 14 mills
for the tax year 1980. I further move that upon adoption of this motion, the City
Clerk be empowered to certify this millage rate to Cobb County, as well as the
State Revenue Department of the State of Georgia." John Steely seconded the motion.
Jerry Mills read the following statement: "Several weeks ago, I resigned as Chairman
of the Finance Committee of the City of Smyrna. There were two reasons that I resigned
as Chairman of the Finance Committee. The first was that several members of
the Council had stated that they did not believe the figures in the budget
supplied to them by the Finance Committee. This being the case, I felt that
another member might be believed more readily and therefore, should serve as
Chairman of the Finance Committee. The other reason is as I have stated before,
that I had told the voters in my ward when I ran for office this last time that
I would not vote to raise taxes in the City of Smyrna. This promise created
a difficult personal problem for me as to what was the right thing to do. Do
I stick by my promise not to raise taxes and harm the City, or do I vote for a
millage increase that I know is necessary to keep Smyrna a healthy, strong city.
During these past few weeks, I have struggled long and hard with myself as to
what was the right thing for me to do as a member of the Smyrna City Council
and the Council member from Ward 3. I have made my decision that the right
thing to do is to vote for a 2 mill increase. I am voting for this because I
know that in order to continue providing good services to the citizens of Smyrna,
the extra money is needed. The basic culprit is the same one that everyone else
has --inflation. With the cost of gas and everything else going up that it
was necessary that the city raise its millage in order to cover it's cost.
Another reason I am voting for this is that I believe we will be able to reduce
taxes again in another year or two when some of the effects of our annexation
policies start being felt. Next October 20th, the City will have annexed over
1400 acres of prime land during the last 16 months. This land will help diversify
Smyrna's economy and improve our tax base, as well as improve job opportunities
for Smyrna residents and other residents of South Cobb County. This decision
was not an easy one for me as it was not for any other member of this council.
Most of you have read a great deal in the paper about the discussions and de-
liberations of your Mayor and Council concerning a possible tax increase, as
well as the adoption of the fiscal year 1981 budget. There have been some
negative comments and positive ones, and comments reacting to comments. These
comments in some cases have helped inform the people as well as council members
but they also, I believe, have caused council to become divided. I believe
that it is time for all of us, myself included, to be positive in our comments
as well as our outlook. This is difficult to do when times are tough, but it
is also necessary. I think it is time for all elected officials to pull together,
to put aside our individual interest and work as one toward keeping Smyrna a
financially sound city as well as encouraging growth. I pledge myself to join
with the rest of the council to any spirit of unity that might be developed. I
pledge myself to continue working as hard as I know how for the benefit of Smyrna.
I also pledge myself to insist that this sense of unity and commonality of
purpose exist with elected officials of the City of Smyrna. There also was a
third, and very personal reason I resigned from the Finance Committee. My doctor
informed me that if I did not relieve myself of some pressures I would not live
another year. I chose to give up the finance committee as I had been under a
lot of pressure. These are the reasons I resigned from the Finance Committee, and
not from statements in the newspaper."
Elbert Coalson stated as long as he had served on council he had never seen anyone
as Chairman of the Finance Committee work as hard as Jerry had, and he had worried
about it. Jerry has worked hard on annexations as well and he asked everyone
to remember him and his physical condition in their prayers.
Jack Shinall said he also appreciated Jerry's statement and said there were many
nights they had worked late on the budget. He said he did not believe that the
tax increase was being passed for the right reasons, that it would only be a stop-
gap measure and would not allow the city to continue to prosper. Jack made a
Continued - October 6, 1980
motion to table the millage rate until it could be reviewed for another forty-
eight hours. Notion died for lack of a second.
John Steely said he believed this had been put off long enough. We have already
cut back into the departments so bad that it's starting to hurt the citizens.
Jim Hawkins said he knew there was not a person on council that was in favor of
a tax increase but he felt he had to do what was right, and not what would be
politically popular. He said he did not favor voting for a tax increase but
there was simply no other way.
Jim Tolleson said it had been a long drawn out affair and the budget had been
cut until it couldn't be cut any more. He didn't want to vote for a tax increase
but felt it was the right thing to do.
Mayor Johnson said this budget had been gone over line item by line item in
several sessions with full council. He said he supported the tax increase and
felt it was their responsibility to support a tax increase when needed, as much
as it was to remove the millage when it was no longer needed.
Vote on the motion to increase the millage rate from 12 mills to 14 mills carried
by a 6-1 vote. Jim Tolleson, Max Bacon, Jerry Mills, Jim Hawkins, Elbert Coalson
and John Steely voted for. Jack Shinall vote against.
Approval of 1981 Budget: At the request, of Elbert Coalson, Finance Director
Gunter Newsom reviewed the budget. He said this was an extremely tight budget,
allowing little room for error. Capital expenditures are cut to a bare minimum
with other expenses calculated very closely. It will be necessary for everyone
to cooperate in order for the city to endlup in the black in FY81. The budget
represents a 10.6% increase over FY80, taking into account double-digit inflation
and also a normal merit increase for those employees earning a merit increase.
During preparation, each department was thoroughly reviewed and during this
review, certain problem areas were identified and possible solutions set forth.
This budget assumes that many of these solutions will be implemented during the
budget year. In addition to these solutions, other assumptions were utilized
in developing the budget and are essential to the implementation and should be
implemented upon the passage of this budget. These assumptions are as follows:
(1) The tax millage for 1980 be set at 14 mills.
(2) Mayor and Council continue its policy of reviewing all personnel vacancies
prior to authorizing their being filled.
(3) Purchasing procedures and expenditure controls be closely followed and
receive the full endorsement of Mayor and Council.
(4) That a gross receipts business license system be implemented for calendar
year 1981.
(5) That proposed policies concerning vehicles and vehicle use be implemented.
The summary of this proposed budget is:
General Fund $4,243,143
Water Revenue 1,596,011
State Grants 99,620
E & C 123,800
1954 Sinking 92,000
W&S Sinking 106,000
Total .............. $6,260,574
Jerry Nulls stated that on Item 5 of the assumptions read, he was not against the
policy but he also thought we had certain departments within the city such as the
police chief, fire chief and Jim David that should be considered. Jerry said he had
some ideas he would like to present concerning the use of vehicles such as
taking into consideration how far away the department head lives. If they live
outside a certain mileage radius set by council, the department head could reimburse
the city for gasoline used. Also, they needed to consider the need for an
emergency vehicle in public works. Jerry said he did not want to vote for the
implementation of that part of the budget until something could be worked out,
and made a motion that Item 5 be tabled for further study. After discussion Jerry
restated his motion to read that the budget be approved as presented, with the
stipulation that Item 5 be renegotiated at a later time. Jim Tolleson seconded
the motion.
Jack Shinall made an amendment to the motion to adopt the budget with the following
changes: (1) That one staff member be cut from Parks and Recreation resulting in
a savings of $12,500 and the Director be compensated an extra $3000 to take care
of the extra duties, (2) That all capital expenditures be cut by $25,000, (3) The
Park Ranger program be cut and request the police department to patrol our parks
and that full council recommend to the police department that the park rangers
be used to fill existing vacancies in the police department for a savings of $30,000,
Continued - October 6, 1980
(4) No paid coaches such as swim or track - savings of $3,000 and (5) Associations
using the city parks share the cost of maintenance and/or utilities for a savings
of $10,000, (6) Street curbing program be stopped for one year and all extra-
ordinary requests of street department would have to have money set aside before
asking for approval, for a $25,000 savings, (7) No capital expenditures in the
Water department with additional cuts in salaries for a savings of $22,500,
(8) Decrease staff in the Inspections department by one employee, which will
entail us needing part-time help during peak periods, for a savings of $5,000,
(9) Do not fill the present two vacancies in the Fire Department, but savings
shown would only reflect 1.5 employees. The remaining portion to be used would
go -to necessary building and equipment repairs and also minor needs in the Fire
Department to improve morale.
There would be two additions back into the budget. (1) In Parks and Recreation
we would allow $7,000 for part-time recreators to come from college students
in the field of recreation to handle and continue the adult softball league.
(2) 5% cost of living increase for all employees, effective November 1, 1980.
Jerry Mills seconded the amendment to the motion for discussion. He said he had
met with Bill Johnston and Bob Arnold, Chairman of the Commission and went over
the proposal line item by line item and Bill said he simply could not run his
department with two positions eliminated regardless of the $3,000 increase to
compensate for him taking over the additonal duties. Jerry said that after
talking'with them he could not support cutting the capital expenditures or the
park patrol program, since they do much more than patrol the parks. Also, he
could not support the idea of not paying swim or track coaches because of the
number of children involved (17,000) and the fact that it is difficult to find
trained adults to donate their time to coach. As far as the associations
sharing the cost of maintenance, it would be fine if they could afford it,
and if there was a prior agreement between the associations and Mayor and
Council.
John Steely said the staff members in Parks had put in many hours of overtime
last year _- and he thought that this proposal would be a -detriment to the parks.
As far as charging the associations $2,000 each for maintenance and utility bills,
their only means of raising money for uniforms and equipment is through fund
raising and John said he didn't think they could raise this kind of money.
Jerry also said we have already stopped the curbing program, and the $25,000
allocated in the budget would have to eventually be shifted since their budget
had been cut so law.
Jerry said the cuts in capital expenditures for the Water Department was for a
sewer jet, and we could probably do away with that if necessary. Jack Shinall
explained the additional proposed cuts in this department would come from the
deletion of at least one employee.
Concerning the Inspections Department, Jerry said this seems to be a peak season
for them. We now have one employee who is working -part time between the Water
Department and Inspections and did not see how they could stand the cut in that
department now.
Jerry said the cut of two employees from the Fire Department may have some effect
on our fire rating, because we are required to have a certain number of firemen
to man.each station. If these vacancies do not need to be filled and the Chief
had no objections, then he wouldn't have any problem with it, and if it didn't
affect the fire rating he may be in support of this portion of the motion.
Jerry told Jack he admired his recommendations and was not criticizing him for
making them, but at this time he would not vote to support them.
After considerable discussion, Jack stated he was in no way trying to cripple the
Parks Department, but he was an elected councilman of this city and if he had
proposals to bring forth which he felt were important, then he would do so. This
has been previously discussed with each councilman and some good points have been
brought up tonight, but it was still his perrogative as councilman of this city
to bring these points forward.
Vote on the amendment to the original motion failed by a 6-1 vote, with Jack
Shinall voting for. Mayor Johnson called for a vote on the main motion to approve
the budget package as proposed, with the Item 5 proposal to be renegotiated at the
next meeting. Elbert Coalson stated that he hoped that between now and November
15, 1980, the council would continue to work on the budget to find some money
4
Continued - October 6, 1980
to implement a- cost of living raise for city employees, not because of what we
have read in the paper but because they had been working on this before the
paper wrote anything about raises. Jerry Mills stated the Revenue Sharing portion
of the budget would need to be deleted at this time as a public hearing is re-
quired before approving use of these funds. Jack Shinall made an amendment to the
original motion that the revenue sharing portion of the budget not be adopted
until such time as the necessary public hearing is held. Jerry Mills seconded
the motion. Vote on the amendment to the main motion carried by a 7-0 vote. Vote
on the main motion to adopt the budget, with Item 5 being renegotiated at next
meeting carried by a 7-0 vote.
Mayor Johnson stated that we have not received any positive indication from
Washington that Revenue Sharing funds would be approved this year. The date for
the Revenue Sharing hearing was set for October 20, 1980.
Committee Reports: (Parks) John Steely stated our Parks Department had received
a lot of criticism, but if people would get out and see what we have in this city,
they would know where their tax dollars were being used. John said Bill Johnston
and his staff had done a really good job on the Senior Citizens. Center dedication
and thanked him for the success. John said there was some talk of Cobb County
constructing an enclosed pool and he would like to openly support the location
to be at Fair Oaks Park where it belongs. It would serve Cobb County at its
best at that location, as he felt it would be unfair to locate it in East Cobb
County.
(Police) Chief Little thanked Mayor and Council for their support and cooperation
and pledged the cooperation of his department in spite of some unfavorable news-
paper articles recently.
(Civil Defense) Jim Farley reminded everyone of the Blood Drive on October 13th.
Jim said the Civil Defense volunteers would be teaching CPR courses this week
and persons could register through the Red Cross office in Marietta.
Elbert thanked Council for the hard work put into the.budget, and for the work
that they would continue to do.
Jack Shinall stated there was no move on to do away with parks. He had a proposal
which he presented and said he would fully back this budget with no qualms what-
soever. He appreciated the time everyone had put into it but did take.offense at
some of the things that were said previously.
Jack said some people have been receiving larger than normal water bills, due to
the sewer increase just going into effect. He and Max Bacon did a sUrvey.and it
appears that about 40% of the bills went up, 40% went down and 20% stayed the
same, so it appears to be equitable and seems to be working.
(Business License) Jim Hawkins said he hoped to have a package put together for
an ordinance changing our business licenses fees to gross sales and by Friday
would be calling a very important License Committee meeting so they could have
something ready by November 1st.
Jim Hawkins said he would like to make a personal remark concerning his statement
to the newspaper that Jerry Mills was running for Mayor. He said it was purely
a deduction on his part and had no real fact to back it up. At the time he said
it, he was not aware of Jerry's condition and apologized for the statement.
Jerry Mills said Don Yaw with Smyrna Cable TV was sponsoring, Smyrna Is first
telethon and extended his invitation to Mayor and Council to come by on October
25th from 10:00 a.m. to 6:00 p.m. for this telethon for Calvary Children's Home.
There is no definite time to be there; just drop in and be on the show a few
minutes and encourage people to.contribute to the children's home. _
Max Bacon extended a challenge to all council members to contribute in the Blood
Drive. Max said he had been approached by several persons about cutting out the
adult softball program. He had assumed it would be picked up by one of the
different associations. Max said he didn't think it was going to die out -- he
believed there would be an adult program, whether we had a parks staff person on
it or not.
(Fire) Max said the Fire Committee has met on several occasions in an attempt to
adopt a leave program for the Fire Department. They have.met with the Chief
and Assistant Chief, and also the entire Fire Department on three separate days.
The firemen had expressed their displeasure with several items. Max said he had
planned to present a proposal tonight, but thought it might be in the best interest
Continued - October 6. 1980
to wait until next meeting to present a package plan for Council to consider.
Announcements: GMA Fall meeting at the Smith House on October 7th; Jonquil
Breakfast on October 15th and the next Council meeting on October 20th.
Meeting adjourned at 9:09 p.m.
************************
October 20, 1980
The regular scheduled meeting of Mayor and Council was held on October 20, 1980,
City Hall, Smyrna, Georgia. 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, Parks and Recreation Director Bill Johnston, Assistant
Fire Chief Hubert Cochran, Civil Defense Director Jim Farley, Public Works
Director J. E. David, Police Chief R. E. Little and representatives of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to
the flag. Mr. Coalson advised that Lt. Jimmy Tidwell of the Fire Prevention
Bureau had suffered a heart attack and Fire Chief Don Atkinson's daughter had
undergone surgery this week, and called on everyone to remember them in their
prayers.
Citizens Reports: Gary Myers, -Past President of the Smyrna Athletic Association
stated he had no complaints about the City but was concerned about statements
made by some council members, that were not factual. He stated that if council
needed any information they;should contact current association members. He
presented a copy of SAA By -Laws, the 1980 proposed budget and a letter addressed
to Parks and Recreation Director Asa Howard dated June 25, 1979. Mr. Myers said
any and all members of council would be welcome to attend the Board meetings.
In answer to a question by Jack Shinall about why he made these comments, Mr.
Myers answered that his presence tonight was in response to a newspaper article
which quoted a council member's comments about the SAA which were not correct.
Jack said he had been misquoted by the papers, that he had worked with the SAA
and his son was now playing ball with them. Jack said his remarks at the last
meeting had reference to all the associations in Smyrna and not just the SAA.
Jerry Mills made a motion to establish a Development Authority for the City of
Smyrna and asked the following Resolution be approved:
WHEREAS, the City of Smyrna will be experiencing significant growth
and development during the next few years;
WHEREAS, this development will benefit all the citizens of Smyrna;
z WHEREAS, it is desirable that this development be controlled and
assisted by the citizens of Smyrna;
WHEREAS, there is a need for a Development Authority in the City of
Smyrna to accomplish the aforementioned purposes;
NOW, THEREFORE be it -resolved that the City of Smyrna has a need for
a Development Authority of the City of Smyrna and it shall
possess all of the powers and responsibilities as set forth
in Chapter 69-15 of the Code of Georgia Annotated.
John Steely seconded the motion. Jim Hawkins stated he had been very excited
about this annexation for some time but did not think the authority was some-
thing we should act on hastily. The Marietta -Cobb County Industrial Authority
is made up of very professional people. They invited us to a meeting and I was
very impressed with them and they had a fine attorney present. They are more
than willing to work with us; therefore, from my personal observance, based on
limited knowledge I have tonight, I can see how we can gain nothing by doing
this when we can avail ourselves to a very professional group that is already
established and who I think will have our best interest at heart, mainly because
the county will gain much more from this project tax -wise than the City of Smyrna.
I did not know that I would be asked to vote on this tonight and I think we are
rushing into this thing. John Steely said we had been talking about this for