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11-21-1977 Regular MeetingNovember 10. 1977 The bid opening for Phase II, King Springs Park, was held at City Hall, Smyrna, Georgia on November 10, 1977. The meeting was called to order by Mayor Protem C. 0. Canada at 2:00 o'clock p.m. Also present were Councilmen Elbert Coalson, Bill Darby, Jim Hawkins, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Director of Parks and Recreation Lee Silver, Architect Leroy Brownlee and representatives of companies bidding. Bids were opened by Leroy Brownlee, read, and are recorded as follows: CONTRACTOR BID BOND BASE BID CONSTRUCTION DEDUCT Foster & Cooper Firemans Fund $788,816 300 Calendar days $77,000 C. W. Matthews Travelers Ind. 810,000 240 Calendar days $80,030 J. W. Turner United Pacific 768,700 240 Calendar days $65,000 L Mayor Protem Canada stated the bids would be checked out by Architect Leroy Brownlee and submitted to the Parks Committee. The Parks Committee will then make their recommendation to full Council, and the low bidder will be notified. Meeting adjourned at 2:15 p.m. November 16. 1977 A special"'called meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on November 16, 1977 for the purpose of awarding the contract for Phase II, King Springs Park. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 12:00 o'clock noon. All Councilmen were present except Elbert Coalson. Also present was Finance Director Gunter Newsom and City Clerk Willouise Spivey. C. 0. Canada made a motion authority be given Mayor Arthur T. Bacon to sign the letter awarding the contract, in the amount of $768,000.00, to J. W. Turner Construction Company. Rem Bennett seconded the motion and the vote was unanimous. Meeting adjourned at 12:15 p.m. November 21. 1977 The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on November 21, 1977. The meeting was called to order by presiding Officer Mayor Arthur T. Bacon at 7:30 o'clock p.m. All Councilmen were present except Bill Darby who was fifteen minutes late. Also present was Chuck Camp, City Attorney, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief Everett Little, Fire Chief Don Atkinson, Building Inspector David Granade, Director of Parks & Recreation Lee Silver, Assistant Superintendent of Public Works Vic Broyles and representatives of the press. Invocation was given by Jim„Hawkins, followed by the pledge to the flag. Parks and Recreation Director Lee Silver introduced Tom Martin, President of the Georgia Recreational Park Society. Mr. Martin presented Harold Mason Cheshire with the Georgia Recreational Park Society's 1977 Lay Award, for his devotion, interest and leadership in promoting recreation in Smyrna. Hal is a member of the Parks and Recreation Commission and we appreciate his work and, leadership. Mr. Martin also recognized Joe Bland who received the same award at the State Conference earlier this month. Hearing of Appeal of Recorder's Court - Mark Rakestraw. City Attorney Chuck Camp swore in Mark Rakestraw and his father, Police Officers G. M. McConnell and M. E. Houston, and Jeffery Lynn Bell, a witness for the city. Mark Rakestraw stated he pulled out of the Dairy Queen and another car pulled out beside him and stayed (Continuation of November 21, 1977 Meeting) beside him until they both turned in at Ginos. The police officers pulled in behind them at Ginos and issued him a ticket for a "contest of speed." He said he was not racing and not going over the speed limit. He was driving a 1972 Cutlass, knew the other driver from school, did not plead guilty in Recorder's Court and paid a $55.00 fine. Jeffery Lynn Bell, the other driver, said he was charged with "contest of speed" and DUI, to which he pled guilty, was revving his motor and racing, although he did not know how fast he was going he was riding side -by -side with Mark Rakestraw. He was driving a Pinto. Officer Houston stated he and Officer McConnell were on Jones Shaw Road and heard motors revved up and saw two cars speeding side -by -side up South Cobb Drive. The officers turned on South Cobb Drive and turned on their blue lights. The two cars turned into Gino's and the officers issued both drivers a ticket for a contest of speed. They felt both parties were equally guilty. Officer McConnell stated they felt the traffic offense was serious enough to delay answering a domestic dispute call, which as a rule would take precedence over a traffic offense. Mark Rakestraw said he thought he was a victim of circumstances and was being falsely accused. Both Mark Rakestraw and Jeffery Lynn Bell were questioned by Attorney Camp. C. 0. Canada made a motion the decision of Recorders Court be upheld. Elbert Coalson seconded the motion. During discussion Jerry Mills, Rem Bennett and Jim Tolleson expressed doubt as to the guilt of Mark Rakestraw, stating they thought he might have gotten caught up in a situation over which he had no control. Vote on the motion to uphold the decision of Recorders Court lost. Jim Hawkins, C. 0. Canada and Elbert Coalson voted to uphold the Recorder's Court decision. Rem Bennett, Jim Tolleson and Jerry Mills voted not to uphold. Bill Darby abstained because he did not hear all the discussion. Mayor Bacon cast the tie -breaking vote, not to uphold the decision of Recorder's Court. Jerry Mills then made a motion, seconded by Jim Tolleson, the fine be refunded to Mark Rakestraw and the case dismissed. Vote on the motion was five for, one against and one abstention. Elbert Coalson voted against, Bill Darby abstained. Mayor Bacon read a letter from Attorney Ralph D. Vaughn asking for a hearing before Mayor and City Council for the purpose of requesting that James E. Jackson, The Sale Barn, 1022-24 Cherokee Road, be specifically excluded from the obligation of sanitation services from the City of Smyrna. Mayor Bacon .recommended we not vary from the ordinance, that we would be setting a precedence. Jerry Mills made a motion we give Mr. Jackson a chance to appear before the Sanitation Committee, and they would be glad to explain the position of the city. Jim Hawkins seconded the motion and the vote was unanimous. Commercial building permits were presented by Building Inspector David Granade and upon his recommendation the following action is recorded: (1) Smyrna Container Company, 1794 Corn Road, requested a permit for an addition to be used as warehouse space. The plans met the requirements of the Fire Department, also the building codes. Rem Bennett made a motion the permit be granted. Jim Hawkins seconded the motion and the vote was unanimous. Finance Director Gunter Newsom reported that on November 16, 1977, Judge Howell C. Ravan, Cobb Superior Court, issued an order that the 1976 tax digest be used as the interim tax digest for 1977, that tax bills be in the mail by December 1, 1977 and the due date for payment of taxes be December 20, 1977. It was further ordered that all laws of the State of Georgia as to nonpayment of taxes and late and delinquent payment of taxes shall be applicable. The 1976 tax digest will be picked up from Cobb County in the morning and we shall have the city's bills out by December 1, 1977. C. 0. Canada reported the contract for Phase II, King Springs Park, was awarded to J. W. Turner Construction Company, after being approved,by full council at a special meeting on November 16, 1977, in the amount of $768,-000.- Work will begin around the second week in December. Jerry Mills made a motion, to approve as an ordinance, the complete list of traffic 'control devices, including all traffic lights, school zones, yield signs, stop signs and speed limit signs, as they now appear in the city. This list is to be kept in the office of the City Clerk and as new traffic control devices are approved,by Mayor -and Council they will be added to the list. C. 0. Canada seconded the motion and the vote was unanimous. Jim Tolleson reported the Preparation team had completed cleaning Spring Road to South Cobb Drive and would start this week on Atlanta Road. Bill Darby expressed relief an interim tax digest was approved and warned that additional bills may be mailed out at a later date. (Continuation of November 21, 1977 Meeting) Jerry Mills reported,an increase of $30,000 on our group insurance policy with Prudential. He stated he had met with the agents, Finance Director, Mayor, City Clerk and some of the councilmen and the decision was to stay with Prudential since the other companies cannot give us any better prices. The old rate was $38.04 per employee with dependent, the new rate is $51.02, an increase of $13.88 per month. He recommended to Council that effective January 1, 1978, all employees desiring dependent coverage, pay $2.00 per week toward the premium. There would be no charge for employee coverage, just dependents, and there would be no change in the policy. Most of this increase was caused by inflation. He stated Gunter Newsom is working with Prudential to get the due date of the policy changed so that we will know of any increases before the new budget year. Jerry Mills made a motion we stay with Prudential and that employees desiring dependent coverage pay $2.00 per week. Rem Bennett seconded the motion. Jim Tolleson asked if this would happen again -next year, and if any thought had ever been given to insure ourselves. Gunter did not recommend we insure ourselves. After a lengthy discussion, Elbert Coalson made a motion to table this for further study. Rem Bennett withdrew his second to the original motion. C. 0. Canada seconded the motion to table. Jerry reported the insurance could be cancelled on Wednesday if a decision was not made. Vote on the motion to table was five to two. Jerry Mills and Bill Darby voted not to table. A meeting was called to discuss the group insurance, immediately following the council meeting. Jerry Mills said he and Jim Hawkins attended the CMA meeting in Austell on Tuesday night and the Ruff case was discussed thoroughly. He asked CMA to assist the City money wise and to combine efforts of all cities to oppose the court decision for the good of all cities, and help to get a rehearing. CMA passed a Resolution encouraging Georgia Municipal Association to support the City of Smyrna in opposing the decision of the State Supreme Court and if necessary to assess on a per capita basis cities for monetary support. A copy of the Resolution is to be forwarded to GMA and legislative groups in Cobb County. Jim Hawkins reported we had acquired another vehicle from,the government, for use in the Civil Defense Department, at no cost to the city. C. 0. Canada thanked the Bennett Woods Garden Club for the beautification and landscaping they did at King Springs Park this past Saturday. They will be awarded at a later date. He also reminded everyone of the Lighting of the Christmas Tree in Centennial Park on December 6, 1977, 7:00 p.m. Rem Bennett made a motion that Bank Street be closed from King Street to Atlanta Road, from7:00 until 7:45 p.m., during the Lighting of the Tree ceremony on December 6, 1977. C. 0. Canada seconded the motion and the vote was unanimous. Mayor Bacon stated that on August 18, 1977 we placed an order for four (4) Ford police cars, delivery within six to eight weeks. After the end of eight weeks we were advised they would be delivered on November 5th, then on December 5th. Now it seems the motors will not be ready until January 5,'1978, then they must be assembled and delivered. Elbert Coalson made a motion Chief Little be given the authority to check around and see what cars are available, even if we have to get cars other than Fords. C. 0. Canada seconded the motion and the vote was unanimous. Mayor Bacon said leaves and pine straw would be picked up at the,,curb_., without being bagged, during the first two weeks in December.i In discussing the Superior Court hearing on the Richard L. Lindwall case, Jim Tolleson reminded council we now have an appeal to the Georgia Supreme Court on a similar case and -that we had not lost the case and asked that we not give up yet. He made''a'motion the City Attorney ask for a delay on the Lindwall hearing, that we have the Lindwall property and the property next door to his property appraised as to its present value and the value if the Lindwall property were rezoned, that the Planning and Zoning Board rehear the zoning request and report back to council, then decide what to do. Jerry Mills seconded the.motion for discussion. Bill Darby asked if we were setting a precedence in paying appraisers. Attorney Camp said we have no choice since we have to get the information some way. Mr. Camp said at the original hearing of the Lindwall zoning, Council or the Planning and Zoning Board was not aware of the recent court zoning rulings, and had no idea the courts would put so much emphasis on the monetary value. Vote on the motion was unanimous. Under Citizens Input, Kathy Granade requested stop signs be put up on Spring Street and Roswell Street, another at the railroad crossing itself, thus relieving the traffic backup on Spring Street, which now yields to Roswell Street traffic. (Continuation of November 21, 1977 Meeting) Jerry Mills advised that they had already looked into this problem and something would be worked out. Kathy also complained about cars parking in front of the police station, blocking the vision of anyone coming out of King Street. Mary Childs, 3015 Clifton Road, requested the city build a retaining wall on the rear of her property. She said the city damaged her property by moving a ditch and cutting the roots of her tree. The city did bring her some dirt she asked for, but it was not enough. Jim Hawkins told Mrs. Childs that he and Vic Broyles would be at her house at 3:00 p.m. next Wednesday to see what could be done. Lee Silver stated the groundbreaking for Les Charles Swimming Pool was November 13, 1977 at 2:00 o'clock p.m. and he presented Mayor and Council with ground- breaking plaques, in appreciation of their work and efforts in getting this project started. Rem Bennett commended Lee Silver for hard work and dedication. Meeting adjourned at 9:00 p.m. November 21, 1977 A Special called meeting of Mayor and Council, having been called waiver of time, place and notice of meeting been given by all Councilmen and the Mayor, was called to order at 9:15 o'clock p.m. by Mayor Arthur T. Bacon. C. 0. Canada made a motion the first sentence of Section 14-6, Code of Ordinances, be amended to read as follows: "It shall be the duty of the City Marshall to notify any person violating the provisions of this chapter that a hearing will be held before the governing body not less than ten (10) days from the date of service of said notice." Rem Bennett seconded the motion and the vote was unanimous. A lengthy discussion was had on the large increase in the premium for the group insurance with Prudential Insurance Company. Jerry Mills said when he first learned of the increase he met with officials of the company, then another meeting was set for November 9th, and efforts were made to try and get the premiums reduced, without reducing benefits. He said 212 employees were covered, with 167 with dependent coverage. Rem Bennett said he was for rebidding the insurance immediately. Elbert Coalson asked if we had the authority to pay this increase without rebidding. Mayor Bacon recommended we stay with Prudential, paying by the month, and rebid in March or April. Jerry Mills made a motion we rebid the insurance in March or April, until then paying Prudential by the month. Bill Darby seconded the motion. Rem Bennett said he wanted to go on record to rebid the insurance as of this date.. Vote on the motion was six for and one against. Rem Bennett voted against. Meeting adjourned at 9:50 p.m. T. BACON, MAYOR S E. REM B. BENNETT, JR., WARD 7 WILLOUISE C. SPIVEY, Uyt CLE ]� LW-.Pzl 'WILLIAM F. DARBY, WARD 2 ;TAMES M. HAWKINS, WARD 4 ELBERT COALSON, WARD 6