10-16-1978 Regular Meeting (2)(Continuation of October 2, 1978 Meeting)
be 6:00 o'clock p.m. on Wednesday, October 4th.
Bill Darby made a motion we roll over the note for $250,000 with Commercial Bank
for another ninety days. Jerry Mills seconded the motion which carried by a
7-0 vote.
Jerry Mills reported a committee had met with State officials about the street
resurfacing and found the number of streets to be resurfaced could not be cut.
The committee will meet with Cobb County officials Wednesday and try to work out
some way we can pay the county to do the paving of all the approved streets, for
the sum being allotted by the state. The replacing of the water mains and curbs
on Pasadena Place has been completed.
Elbert Coalson praised and thanked the Smyrna Fire Department for the quick
response and fine job they did at his home today. He reported only smoke damage,
thanks to an alert neighbor and a fine fire department.
Rem Bennett asked Jerry Mills to check out the blinking light on Reed Road to
see if it is doing the job effectively.
Rem Bennett also reported citizens in Ward 7 were concerned with the school
situation and he recommended a committee be appointed to work with the School
Board. Subdivisions are going up and the schools in that area are already over-
crowded. Mayor Johnson said he had met with School Board member Sam Whitfield
recently and made him aware of the rapid growth in that area. Mayor Johnson asked
Rem to draft a letter to the School Board requesting their assistance and ask
permission to meet with the entire Board.
Jerry Mills reminded Mayor and Council that Smyrna was hosting the CMA monthly
meeting on October loth at 7:00 o'clock, and urged everyone to attend.
Mayor Johnson reported that Rem Bennett had asked to be relieved as chairman of
the Inspection Department, effective today, and he himself would chair this
committee for the present time.
Mayor Johnson reminded Council of the meeting Friday morning at 8:00 a.m., October
6th at the Cobb Chamber of Commerce office. The local option sales tax and the
freeport tax exemption will be discussed. He asked the entire Council, as well
as Gunter Newsom and Willouise Spivey to attend.
There being no further business, the meeting adjourned at 8:08 o'clock p.m.
October 16. 1978
The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia on October 16, 1978. The meeting was called to order by presiding officer
Mayor Frank Johnson at 7:35 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, Public Works Director Jim David,
Building Inspector John Steely, Parks Supervisor Bill Johnson and representatives
of the press.
Invocation was given by Councilman Jim Tolleson, followed by the pledge to the flag.
Sam Whitfield, member of the Cobb County Board of Education, expressed his appre-
ciation for the cooperation given the Board by the City of Smyrna. He also thanked
the City for granting the quit -claim deed for the property located behind the stadium
at Wills High School.
Jerry Mills made a motion Clifford D. Yeager, 730 Pinehill Drive, Smyrna, be
appointed to the Parks and Recreation Commission. Jim Hawkins seconded the motion
which carried by a 7-0 vote. Mr. Yeager thanked Mayor and Council and stated he
was looking forward to serving on the Commission. ,
Hearing: The appeal of the decision of Recorder's Court by Ralph Breakey was
heard. Ralph Breakey was given the oath by Attorney Charles Camp. Mayor Johnson
stated the charge, "obstruction of an officer" and asked Ralph Breakey for his
(Continuation of October 16, 1978 Meeting)
statements. Police officers Sanford Stakely and John Everett were given the oath
by Attorney Camp and their statements were heard. After a lengthy discussion
Elbert Coalson made a motion the decision of Recorder's Court be upheld. Jim
Hawkins seconded the motion which carried 6-1. Jerry Mills abstained. Mayor
Johnson advised Mr. Breakey he did have the right to appeal to the Cobb County
Superior Court.
Jack Shinall made a motion the request for a Management change for a Malt Beverage
Pouring license at Gino's, 2161 South Cobb Drive, be approved for Charles J.
Dematto. Bill Darby seconded the motion which carriedby a 7-0 vote.
Rezoning: Jerry Mills made a motion the property located in LL 561, known as
1358 Hawthorne Street, be rezoned from R-15 to Limited Commercial. Rem Bennett
seconded the motion. The Planning and Zoning Board recommended this property be
rezoned and it is to be used as a chiropractic office. Vote on the motion carried
by a 7-0 vote.
Bill Darby made a motion that property located in LL 559, known as 1323 Concord
Road be rezoned from R-15 to Limited Commercial. This rezoning was recommended
by the Planning and Zoning Board and is to be used as an insurance office.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector John Steely and upon his
recommendation the following action is recorded:
(1) Crown Central Petroleum Corporation requested a permit to convert one island
to self-service, at their station located at 3246 Atlanta Road., The Fire Bureau
had approved the plans. Elbert Coalson made a motion the permit be approved.
Jerry Mills seconded the motion which carried by a 7-0 vote.
(2) Fouts Brothers Datsun requested a permit to erect a new commercial metal
building behind the existing building located at 2158 Atlanta Road, at a cost of
approximately $26,000. The Fire Bureau had approved the plans. Elbert Coalson
made a motion the permit be approved. Bill Darby seconded the motion which
carried by a 7-0 vote.
(3) Abuck Building Systems, Inc., requested a permit to erect a new building on
South Cobb Drive, King Springs Shopping Center, at a cost of approximately $125,000.
Plans had been approved by the Building Inspector and the Fire Bureau. Rem
Bennett made a motion the permit be approved. Jerry Mills seconded the motion
which carried by a 7-0 vote.
Dr. Artress, whose office is on Belmont Circle, stated he would like to have a
mobile home moved next to his building to use as an office. This would be a
temporary office for approximately two years. He was advised to contact the
Building Inspector.
A letter from Director of Public Works James E. David, addressed to Mayor and
Council was read and is to become a part of these minutes. It reads as follows:
"The Public Works Department has an employee by the name of Donald Bacon that
has requested leave of absence without pay, Section 13 Page 24 Personnel Rules
& Regulations Handbook. Donald Bacon request that he be granted absence of leave
from October 30, 1978 through November 30, 1978. I have given Donald Bacon my
approval. Will appreciate your consideration of above request. If I can furnish
additional information, please contact me. Thank you."
Jerry Mills made a motion Donald Bacon be granted a leave of absence, without
pay, for the period October 30, 1978 through November 30, 1978. Jim Tolleson
seconded the motion which carried by a 7-0 vote.
Committee Reports: Elbert Coalson asked the Police Committee to meet with him
in the Mayor Pro-tem's office immediately after this meeting.
Jack Shinall read a letter from James David asking approval to install a new
fire hydrant on South Cobb Drive, midway between Church Street and Concord Road.
This request had been made by the Fire Department and Mr. David recommended it be
installed. A motion was made by Jack Shinall, seconded by Jerry Mills, that a
fire hydrant be installed at this location, at a cost of approximately $800, to
be paid from the E&C Fund. Vote on the motion was 7-0 to install the hydrant.
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(Continuation of October 16, 1978 Meeting)
Jerry Mills reported the committee had met with a group of Senior Citizens to try
to work out some relief for them for taxes and sanitation charges. He read the
following Resolution:
"WHEREAS, the cost of living is increasing at a staggering rate, and
WHEREAS, this rapidly increasing cost of living has the greatest negative
impact upon the elderly, and
WHEREAS, the City of Smyrna has recently raised their sanitation charges
from $2.00 per month to•$3.00 per month, and
WHEREAS, this increase was established to help offset the increased cost
of operating a sanitation system, and
WHEREAS, Mayor and Council of the City of Smyrna desires to help the
Senior Citizens fight the effects of inflation, now
THEREFORE, be it resolved that the City of Smyrna establish a special
sanitation rate to apply to Senior Citizens who qualify for homestead exemption
under Article VII, Section I, Paragraph IV of the Charter of the City of Smyrna.
This rate will be set at $2.00 per month. This rate shall'be in effect until
the effective date of an increase in the homestead exemption for the Senior
Citizens."
Jerry Mills made a motion the above Resolution be approved. Bill Darby seconded
the motion which carried by a 7-0 vote. Attorney Camp said he wanted to go on
record as making no legal ruling on this action, at this time.
Jerry Mills also reported the Marietta Daily Journal carried an editorial today
stating the 1978 Cobb County Tax Digest will probably be factored by the State,
which will make it look like the City is raising taxes. He wants to go on record
as being against this.
Bill Darby made a motion we borrow $200,000 until 1978 tax money is received.
Jerry Mills seconded the motion which carried by a 7-0 vote.
Bill Darby stated several accidents had occurred at the intersection of Hayes
Drive and King Springs Road, and he was afraid the situation would get worse with
the opening of King Springs Park. Bill made a motion three-way stop signs be
erected at this intersection. Jerry Mills seconded the motion which carried by
a 7-0 vote.
Jim Tolleson reported the Halloween Carnival is October 31st from 6:30 until
9:00 p.m. Adult volleyball is in the third week of play. Jim also reported the
dedication of King Springs Park may be delayed and asked Bill Johnson to relate
the results of the meeting with the contractors and architect. Bill reported
the tennis courts and building should be complete by November 18th. The swimming '
pool will not be completed before mid -December. During discussion it was brought
out it might be better to delay the opening until spring. A definite decision
will be made later. Jack Shinall recommended no part of the penalty clause be
waived.
Mayor Johnson advised a "Meet the Candidates" forum would be held at the Cobb
Civic Center on October 17th, a public hearing on annexation would be held at
the State Capitol on October 20th and the Annual Halloween Carnival will be
Tuesday, October 31st at Cobb Center.
There being no other business the meeting was adjourned at 8:52 p.m.
(Continuation of October 16, 1978 Meeting)
B. JOHNSON, YOR
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JAMES E. TOLLESO , WARD 1
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RRY OLS, WARD 3
WILLOUISE C. SPIVEY, C7V CLERK
WILLIAM F. DARBY. WARD 2
ME M. HAWKINS, WARD 4
IT R. COALSON, WARD 6