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10-15-1979 Regular Meeting (2)October 15, 1979 The regular scheduled meeting of Mayor and Council was held in the Court Room of the Smyrna Police Station on October 15, 1979. The meeting was called,to order by pre- siding officer Mayor Frank Johnson. 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, Fire Chief Don Atkinson, Public Works Director Jim David, Parks and Recreation Director Asa Howard, Civil Defense Director Jim Farley, Building Inspector Len Williams and representatives of the press. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. Mayor Johnson announced that after serving several years on the Parks and Recreation Commission, Mr. Don Lillie has seen fit to tender his resignation and step down so that other parties might take his place. Mr. Lillie has been a valuable asset to the commission and was serving as chairman at the time of his resignation. It has been the pleasure of our city to have benefited from his guidance. Mr. Lillie was called out of town and could not be here tonight to be recognized. The award to him will be presented at a later date. John Steely made a motion the resignation be accepted. Jack Shinall seconded the motion which carried by a 7-0 vote. Appointment - Councilman John Steely made a motion that Jim Brooks be appointed to fill the unexpired term of Mr. Lillie to the Parks and Recreation Commission, repre- senting Ward 7. Jim Tolleson seconded the motion which carried by a 7-0 vote. Citizens Reports - (Maurice Lefevre)- I am a citizen. I do not live in the City Limits of Smyrna but I live within a couple of hundred yards. Mayor Johnson: Do you have any business that addresses the business of the City of Smyrna? Mr. Lefevre: Yes sir. I think it directly does that and also close surrounding areas that border. Mayor: We are talking about the City now, not surrounding areas. Quickly give me the nature of your discussion and then I will decide. Mr. Lefevre: It pertains to the Paces Ferry Woods HUD project. Mayor: We will accept that. Mr. Lefevre: I am Maurice Lefevre and I live on Shamrock Trail which is about 200 yards from the City Limits of the City and very close to the proposed Paces Ferry Woods project. I think this is something that does possibly the number one thing now in the minds of a lot of the citizens of the City of Smyrna and myself and people in the surrounding area as witnessed by the huge turnout at. -Campbell High School last Tuesday night, about 1200 people. There seemed to be quite a bit of confusion there and denials and one thing and another concerning why at such a late date, our city and county officials had not moved on this thing sooner. And I frankly feel like as a lot of people did, if that had been done this thing would have -been squashed and put away months ago. At that time I think too that there was some discussion as to whether the City of Smyrna had in fact been notified by letter and I think that was said that the City or the Mayors Office in fact had not been notified, and yet I have a copy of a letter that gave that notification on the 8th of February, 1979 and allowed until the 23rd of February for a response, if it was not forthcoming the file would be closed. And I was just wondering why number one, the City didn't move on it and number 2, why the letter was denied when it was in fact received and filed with the . . . Jerry Mills: Is that project in the City, Mr. Lefevre or in the county? Mr. Lefevre: That is in the county. John Steely: Why would the City of Smyrna be involved in it? Mr. Lefevre: Why were you gentlemen all at the meeting at Campbell High School? John Steely: Can I see that letter? Mr. Lefevre: Yes. John Steely: I have never seen the letter - the only letter I saw was sent to the commissioners and it was dated February. Mr. Lefevre: Well as you can see, that is to the Honorable Frank B. Johnson, Jr., Mayor, City of Smyrna and a number of the councilmen were at the meeting, including the Mayor. (Continuation of October 15, 1979 Meeting) Mayor: Mr. Lefevre, wait just a minute now. What have you got there? In fact, I am going to cut this off in a hurry by making this statement, and I made this state- ment the other night and I had a copy of a letter which I read from Mr. Bill Hartman, who is the Area Manager of HUD. I read that letter at the meeting the other night. Were you there? Mr. Lefevre: Yes, I was there. Mayor: Did you hear the letter I read? Mr. Lefevre: Yes sir. Mayor: It said that the Mayor of Smyrna had not been notified by the HUD office. Mr. Lefevre: This letter is not from the HUD office, this letter is from the Atlanta Regional Commission notifying you of the project. Mayor: We - exactly like the county commissioner indicated, that letter was not sent to us - we have no record of it having come to this city, nobody here has "seen it, I have never seen it and I have a letter from Mr. Hartman stating that I have not received that letter, and the City of Smyrna had no reason to be notified. John Steely: Mr. Lefevre, I can assure you that if I had seen that letter in February, March or April, I would have at least notified my people of it. We are concerned because of overcrowding of our schools. Mr. Lefevre: This copy, gentlemen, is a copy from the letter that is on your file. It is on Mr. Gunter Newsom's file right now. Mayor: I want to make a statement which will end this. That letter has never come to our city. If you want to see a copy of a registered letter, you go to.the Cobb County Board of Commissioners and they've got one. That letter has never come to this city and I do not want to hear any more about it. Mr. Lefevre: I didn't think that you would sir, but it's a fact that the letter is on file -- is on Mr. Newsom's file right now. Gunter Newsom: May I respond to that particular point? It is a fact that we went through our file in which we retain A-95 reviews and did not find that. I used to work at ARC and I contacted the lady there that is in charge of the A-95's. She sent me this copy from their files. This was done approximately a week or ten days ago. Yes, I have a copy of this in my desk drawer, but we have no record on our logs or anything else that we received it in February. Mr. Lefevre: Well, Mr. Mills made the statement some weeks ago in the presence of some other councilmen and other people in this room that he was aware of this months ago. How did he become aware of it months ago, if the City had not been notified? Jerry Mills: Mr. Lefevre, I saw a letter showing a project number. I called the HUD people because I thought it was on Hawthorne Street. They told me it was not, it was in Vinings, Georgia and didn't say where. That was it, per se. I didn't pursue it any further, because it was in the county and what goes on in the county is none of my business. John Steely: We had a meeting at Campbell the other night and there was a thousand people there. Why didn't you get up then and say this. Why did you wait until the Smyrna Council meeting to say something like this? Mr. Lefevre: Because this only affects Smyrna. I don't know whether Ernest Barrett got his copy or not. Jerry Mills: Mr. Lefevre, they built a HUD project in my ward. Where were you when they built that, and not here to question it then. Mr. Lefevre: When was it built? Jerry Mills: It was in 1974. Mr. Lefevre: I didn't move to Cobb County until after that, so I didn't even know. Jerry Mills: This letter here is not even signed. Bill Darby: Mr. Mayor, I would like to say one thing. Because he comes up here with a copy of a letter that sayd we got it doesn't mean anything to me. Unless he (Continuation of October 15, 1979 Meeting) can prove that the City has received this letter, as far as I am concerned, we didn't get it. Mr. Lefevre: The copy of that letter was from a copy that was received by the City. Bill Darby: How do you know that it was received? Mr. Lefevre: I do know. Bill Darby: Can you prove it? Mr. Lefevre: I can probably prove it if I need to, yes. Mayor: We have ended this conversation, so you can have a seat. If you want to talk about county business, you go to the county government and talk about it. Okay? Mr. Lefevre: Well, the business I was talking to was City. Mayor: Well, you're not in the City. Mr. Lefevre: I didn't expect you to be thrilled about it Mr. Johnson. Mayor: I am aware of that. You are here for political reasons -- that's the only reason you are up here. Mr. Lefevre: No, no, this is the same bit as the way you . . . Mayor: You are out of order now, have a seat. Opening of Bids - Bids for a reduction copy machine for City Hall were opened, read and recorded as follows: A.B. Dick Company - No bid 3M Business Products Sales, Inc. - 3M VHS-R Copier (reconditioned) - $5,995.00 Savin Business Machines - Savin Model 790 Copier - $6,995.00 - delivered no later than 30 days after award - delivery 7 days ARO if placed before 10/20/79 - $75.00 installation charge. Vanguard Systems, Inc. - Savin Model 790 - $7,182.50 which includes all set-up, delivery and installation charges. Delivery within 30 days from award of bid. Allstate Business Systems, Inc. - Canon NP-5500 reduction Copier - $11,807.25 Less 10% on demonstrator model - $10,626.53 Xerox - Xerox 3109 (new) - $9,170.00 - $40.00 placement charge Xerox 3107 (remanufactured) - $8,370.00 - $40.00 placement charge Xerox 3450 (new) - $17,000.00 - $75.00 placement charge Jerry Mills made a motion these bids be turned over to committee for review, with authority to act. Jim Hawkins seconded the motion which carried by a 7-0 vote. Elbert Coalson stated he had a letter from Mrs. Barbara Henderson addressed to Mayor and Council which should have been brought up under citizens reports. This letter was from the Smyrna Rescue Association requesting a variance from the city ordinance on solicitation. Their purpose is .to raise funds for the Hurst Power Tool, commonly known as the "Jaws of Life." This tool would be used by the Smyrna Civil Defense Rescue units only, in order to speed up extrication of trapped victims. Mrs. Henderson explained that their plans are to sell portraits to raise the $6,000 needed for this equipment. The Smyrna Rescue Association is actually an auxiliary of the Smyrna Civil Defense Department and members of the association would be the only ones selling. Attorney Chuck Camp advised a variance from the ordinance was'not necessary in this case, and did not require a vote. This group is -already subject to the regulations of the City, being an auxiliary of the Civil Defense Department. Also, the $35.00 investigation fee required for solicitations would not be necessary in this instance. Opening of Bids - John Steely made a motion that the Building Committee receive the bids for the renovation of the Senior Citizens Center and this committee be given authority to review and award the contract. Jim Tolleson seconded the motion which carried by a 7-0 vote. Bids were opened on October 11, 1979 and are recorded as follows: (Continuation of October 15, 1979 Meeting) RARP Rid Ace Contracting $138,388 DAC Construction 179,658 General Construction 136,425 Thomas Gordon Co. 139,500 Lehman International 127,79,4 Moni-Herrington Const., 135,793 Rauton & Roach, Inc. 162,000 United Southeast Cont. 146,300 These bids do not include any architectural fees. Funding for this project has been received through the efforts of Mayor and Council. $120,000 has been received from the State for the renovation and $7,500 has been donated by Ridgeview Institute for the furnishings. Mayor Johnson stated it would obviously be necessary to come back at a later date and appropriate additional funds in order to complete the facility as planned. Mayor Johnson explained that the $7,500 had been appropriated for furnishings, but some of this money could be used for bookcases, etc. and some things that would be described as furnishings. Further, this facility should be completed according to plans that were presented and the additional funds needed appropriated from the Revenue Sharing Fund. Bill Darby made a motion that the necessary funds needed to cover the cost of the contract as well as the engineering fees be set aside in the 1979-80 Revenue Sharing Funds. Jerry Mills seconded the motion. Following discussion, Bill Darby amended his motion to read the necessary funds needed to cover the cost of the contract plus engineering fees, extra cost not to exceed $15,000 be appropriated from the,1979-80 Revenue Sharing Funds. Jerry Mills seconded the amendment. Vote on the motion carried by a 7-0 vote. John Steely called for a, Building Committee meeting following this meeting, to award the contract. Commercial building permits - Building Inspector Len Williams presented the following requests for building permits and upon his recommendation the following action is recorded: (1) 2535 U.S. 41 Highway at Herodian Way requested a permit to remodel the service station at that location. Plans have been approved by the Fire Department and Inspection Department. Jim Tolleson made a motion this permit be granted, seconded by Jim Hawkins. Vote on the motion carried by a 7-0 vote. (2) Del Taco, Cobb Parkway, requested a permit for construction. Plans have been approved by the Fire Department and Inspection Department. Jim Tolleson made a motion the building permit be granted, seconded by Jim Hawkins. Vote on the motion carried by a 7-0 vote. Set Date for Hearing - (1) Elbert Coalson made a motion that November 5, 1979 be set as the date to hear the appeal of the decision of Recorder's Court for Devin R. Kehler. Jack Shinall seconded the motion which carried by a 7-0 vote. (2) Elbert Coalson made a motion the appeal of the decision of Recorder's Court for Cheeka Nelson be set for November 5, 1979. Jack Shinall seconded the motion which carried by a 7-0 vote. John Steely made a motion that one (1) 1972 Datsun pickup with shell cover, one (1) 1974 Ford Torino 4-door and one (1) 1975 Ford Custom 4-door be declared surplus. Jim Hawkins seconded the motion which carried by a 7-0 vote. John Steely made a motion the City request bids on these vehicles, to be opened November 5th. Jerry Mills seconded the motion which carried by a 7-0 vote. Jack Shinall reported it would be necessary to replace a 4" water main on Wayland Court with a 6" line, due to the high concentration of iron in the water. Cost for replacement will be $3,857.60. Jack Shinall made a motion this pipe be re- placed with funds from the E & C account. Jim Hawkins seconded the motion which carried by a 7-0 vote. Bill Darby reported the City had a note for $250,000 with First National Bank which would come due October 18, 1979. It will be necessary to extend this note to December 31st due to the tax billing situation. Bill made a motion this note be renewed, seconded by Jerry Mills. Vote on the motion carried by•a 7-0 vote. Gunter Newsom stated the tax bills should be mailed by November 15th. Committee Reports - (Parks) Jim Tolleson made a motion the piano at the Senior Citizens Center be surplused, and the money received from it to go into the Senior (Continuation of October 15, 1979 Meeting) Citizens Program fund. Another piano has already been purchased for the center. Jim Hawkins seconded the motion which carried by a 7-0 vote. Bids for the surplused piano will be opened at the next Council meeting. Jim Tolleson stated since some of his political foes had chosen to go to the press with the story concerning the removal of voter registration cards from City Hall, he felt that an explanation was in order. After discussion this allegation with an attorney, he understood that the removal of voter registration cards from a desig- nated area of the registrar's desk could be a violation of Georgia law. Mr. Tolleson's statement is as follows: "I did not remove the cards from the registrar's office, or her desk. Several weeks ago when I was at City Hall Annex sitting at the Mayor's temporary desk and where our mailboxes were kept, I noticed a large number of voter registration cards on the Mayor's desk. I assumed they were there for the purpose that I used them for. Since citizens from time to time ask you about getting registered and after explaining the procedure that you have to go to City Hall from 8:30 to 5:00 Monday through Friday, you usually get the same answer. That is, 'I work and I can't get to City Hall.' I am running unopposed so no matter how many people I registered, or didn't register, it wouldn't matter. I still don't know why the cards were on the Mayor's desk, if the law states it is the responsibility of the registrar to keep the cards in a designated area. So I want to say that I welcome an inquiry into the matter by an outside agency, as to why the cards were lying about and who other than Jim Tolleson removed the cards. I understand that the.removal of the cards has been a common practice for a number of years and I can produce at least two witnesses who were given the cards on other occasions, as well as absentee ballots." John Steely commented that he, too, was concerned and had aske& why the cards were left lying out. It -had been explained to him that Nora Proctor, Registrar, had put the cards on the front desk for the receptionist, who had removed the cards from the desk to put them in sequence. Mayor Johnson he came by City Hall at least twice a day and he had never seen the cards lying on top of the desk. Since there has been some discussion and,some allegations made, Mayor Johnson asked Mr. Steely, Mr. Coalson and Mr. Hawkins to serve on a committee to look into the matter. They are to meet with Mr. Tolleson to discuss it, and report back to the council with their findings. Jim Farley stated the Civil Defense vehicles and rescue squad needed to be re - licensed. Mr. Farley was asked to bring this up again after the budgets had been approved. John Steely stated the next Council meeting should be held in the City Hall Council Chambers. The renovation should be completed at that time. Mayor Johnson stated a suit had been filed against the City by J. F. Shaw, Jr., Jack E. Crowder, Harris B. Mosley, A. D. McGauhey, Jr., and Harvey L. Nix, due to the City's refusal to rezone property on South Cobb Drive. Elbert Coalson made a motion that Attorney Charles Camp be appointed to represent the City in this suit. Jerry Mills seconded the motion which carried by a 5-2 vote. Jerry Mills, Elbert Coalson, John Steely, Jack Shinall-and'Jim Hawkins voted for. Bill Darby and Jim Tolleson voted against. Mayor Johnson advised that Smyrna Cable TV wanted to start televising the Council meetings and if the building was finished, the first meeting in November probably would be televised. ` Announcements - The Jonquil Breakfast will be October 17th. The next Council meeting will be November 5, 1979. Meeting adjourned at 8:35 p.m. October 19, 1979 A special called meeting of Mayor and Council was held October 19, 1979 in the Court Room of the Smyrna Police Station. The meeting was called to order by presiding officer Mayor Frank Johnson, at 5:00 p.m. All Council members were present. Also present was City Clerk Willouise Spivey and Finance Director Gunter Newsom. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag.