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12-03-1979 Regular Meeting (2)December 3, 1979 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter at the City Hall, Smyrna, Georgia, on December 3, 1979. The meeting was called to order by presiding officer Mayor Frank B. 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, Fire Chief Don Atkinson, Civil Defense Director Jim Farley, Public Works Director J. E. David, Building Inspector Len Williams and representatives of the press. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. There were no citizens reports. Item 3 on the Agenda, complaint of the road closing into Foxmoor Apartments, was withdrawn until the December 17th meeting by request of their attorney. Bid opening: Bids had been requested for one (1) tune-up machine for the garage. Only one bid was received and it was opened, read and is recorded as follows: Genuine Parts Co. Electronic Engine Analyzer 811-7008 $1,271.25 Jim Hawkins made a motion the bid be turned over to the Garage Committee with authority to act. Bill Darby seconded the motion. After discussion the motion and second was withdrawn. John Steely made a motion the bid received be accepted. Jim Hawkins seconded the motion and the vote carried by a 7-0 vote. Variance request: Bill MacKenna requested a variance from the side -lot line setback restriction from ten feet to four feet, on Lot 19F, left side of Sleepy Lane., This variance request was necessary due to a sewer line and creek running through the lot. Mr. MacKenna had presented a letter from the adjoining property owner, Gerald K. Weiner, stating his approval of the variance. After discussion Bill Darby made a motion the variance be approved. -Jim Tolleson seconded the motion which carried by a 7-0 vote. There were no building permits. Jim Hawkins made a motion the November 5, 1979 minutes be approved as submitted. Jim Tolleson seconded the motion which carried by a vote of 7-0. Jim Hawkins made a motion the minutes of November 19, 1979 be approved as submitted. Elbert Coalson seconded the motion which carried by a 7-0 vote. Bill Darby made a motion the City request bid proposals for the City audit for fiscal year ending June 30, 1979, to be opened at the regular meeting held on December 17th and the bid to be awarded on December 21, 1979. Jerry Mills seconded the motion. Jim Tolleson asked how we would notify the audit firms. Gunter Newsom advised we would send notices to all firms in Smyrna and those that had requested to be placed on the bid list. The motion carried by a 7-0 vote. Jim Hawkins read a letter -from Robert M. Saunders, President of the Citizens Advisory Council of Brown Elementary School as follows: "The Citizens Advisory Council of Brown Elementary School, which is made up of professional, business and lay people of the community would like to go on record at this time and recommend, that the possibility of, a crossing light be placed at the intersection of McLinden Avenue and Concord•Road be considered. Concord Road, between the hours of 7:30-8:00 a.m. and 2:30-3:00 p'.m., is a very heavily traveled thoroughfare. The contour and size of the road makes it almost impossible for a.driver on the inside lane to see the crossing guard, or the children crossing the street. We feel that this is a definite safety hazard and would appreciate any consideration that you might give to solving this problem. We have asked Mr. Jim Hawkins, City Council member from this Ward to pursue this concern for us. Please accept our thanks on behalf of the boys and girls of Brown Elementary School for your consideration." Jim stated he thought this to be a valid request and submitted a petition with 705 signatures, recommending the traffic light. He recommended one red light to (Continuation of December 3, 1979 Meeting) be controlled by the school guard. Jim read a letter from Vic Broyles stating the cost of the manually controlled light would'be approximately $2000. During discussion Mayor Johnson stated he.thought we needed the advice of a traffic consultant before taking any action, and since this is a State road he thought the State Engineering Department would make a study to see what type traffic light was needed. Jack Shinall said we had the same problem at Powder Springs and Birch, except this was a two-lane street. Jim Hawkins made a motion we request the State to make a study as to what type light was needed on Concord Road, and Birch at Powder Springs Street. Jim Tolleson said a light was also needed on Spring Road in front of the school. Jim Hawkins amended his motion to include Spring Road in the study. Jim Tolleson seconded the motion. Vote on the motion to amend carried by a 7-0 vote. Vote on the main motion carried by a 7-0 vote. Committee reports: (Finance) Bill Darby made a motion that $1821.60 be set aside to purchase turkeys for city employees for Christmas. Jerry Mills seconded the motion which carried by a 7-0 vote. Bill asked Gunter Newsom the status of the budgets. Gunter stated we now have the first draft. (Streets) Jerry Mills gave a report on the study that has been completed, and cost figures to install a red light at Spring and Smyrna -Roswell Road. Labor and materials for installation are not included in the price of $5465. Planners and Engineers Collaboratives proposal for engineering the four -lane road and water lines for Pasadena Blvd., in the amount of $16,500 has been recommended. Jerry made a motion this money be approved and the Mayor authorized to sign the contract with Planners and Engineers. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Hawkins asked to make the following personal remarks: "As most of you know there were three articles run last week in the local news- papers relating to an incident that I became aware of a document at City Hall and I felt it was pertinent and important at the time --it was a document from ARC dated back in February, 1979 notifying this City of the Paces Ferry Woods Apart- ments. When I became aware of that document I believed at that time that certain officials in this City were aware of that project and didn't come forward with that information. I took this document to Mr. Cochran who was a candidate at that time and showed it to him. I later returned that document to City Hall. I freely of my own will and volition offered this information to this Council. I freely and of my own will and volition gave this story to the newspapers. I freely of my own volition gave this information to the Police Department. I take no exceptions to the article in the Smyrna Neighbor ©r the Cobb Extra. I think they were fairly accurate articles. However, I take great exception to the article that was written in the Marietta Daily Journal. They refer in that article to a :!stolen letter", implying indirectly that I had committed a crime. I have been serving this council for 22 years. I have never taken.so much as a pencil or pencil eraser that did not belong to me that belonged to the City. I have never knowingly or willingly told a falsehood to anybody in the City. This kind of allegation I think is un- founded. As an elected official I have little legal recourse against the news- papers. In the case of Sullivan Vs. the New York Times, it says an elected official must show malicious intent by a newspaper before they can take legal action. To prove facts in a court case is one thing, to prove intent is a very difficult thing to do. I am asking the Marietta Journal to print either an apology for using the term "stolen letter" implying that I committed a crime, or print a retraction. If they see fit to do neitheri then I challenge anybody in the Marietta Journal or any member of this body to charge me with the crime and at least give me the opportunity to take my case to court before a judge and a jury so they can decide my guilt or innocence based on facts, not wild allegations. Also in this same article it eluded to the fact that one member of this council was very adamant in asking for my resignation. I do not know who that person is nor do I particularly care. I will state that no amount of terror, no amount of outside pressure and no amount of threatening phone calls to my employer --which has happened and I can verify it --will ever make me consider the possibility of resigning this position. I serve this position at the pleasure of the people of the fourth ward of Smyrna. They put me here and when they see fit to remove me I will leave this council with my head up, my conscious clear and my heart pure, knowing that I have not ever committed a crime." (Water) Jack Shinall advised we have been notified by the Cobb County Marietta Water Authority and the County Commissioners of an increase in water and sewer (Continuation of December 3, 1979 Meeting) rates. The increase in water rates is 27 percent, sewerage treatment is 50 percent, effective January 1, 1980. Cobb County sent a copy of a study completed by them in accordance with Environmental Protection Agency requirements. Hopefully we can get the county to help us with a rate study. (Police) Elbert Coalson read a letter from Police Chief R. E. Little, reporting on the investigation into how a letter from the desk of Gunter Newsom got into the hands of Maurice LeFevre.: The letter read as follows: "Pursuant to the request of Mayor and Council, I have made an investigation into the circumstances involved in a copy of a letter which was in Gunter Newsom's desk getting into the possession of Maurice LeFevre. My investigation reflects that said letter and the accompanying documents attached thereto were taken from the desk of Gunter Newsom by Councilmen James Hawkins and Jim Tolleson. The Councilmen carried the documents to the police station for the purpose of making copies of same but were unable to do so as our copy machine was not working. This incident took place about 11:00 p.m. on a Friday night prior to the letter being presented to Council by LeFevre on October 15, 1979. Upon being unable to copy the documents at the police station, Councilmen Hawkins and Tolleson carried the documents to Ted Cochran's office and left them with Cochran over night. They went back to Cochran's office the following day, got the documents and returned them to Gunter's desk. At this time.one.or both of the Councilmen noted several copies of the letter in question in Ted Cochran's office. I am informed that Mr. Cochran supplied Mr. Lefevre with the copy of the letter in question and the information as to where it came from. The Reporting Officer notes that attached to the original letter was a.notation from Beverly Rhea of ARC dated.September 28, 1979, which indicates that the docu- ments were requested of ARC on September 28, 1979 and were mailed to Gunter Newsom pursuant to that request. Mr. Newsom states that he received the documents on October 1, 1979. Since the letter in question was dated February 8, 1979 and the copy presented to Council did not include the notation attached thereto, the time factors actually involved could certainly be misleading. Reporting Officer has no information relative to this discrepancy. For the information of Council, it is noted .that Councilman Hawkins voluntarily verified the facts reflected by the investigation. It is the opinion of the Reporting Officer that no criminal act is involved in view of the fact that the persons supplying the documents from the City.Hall were Councilmen and in that position had access to same. Included with this report is a copy of the letter as presented to Council and a copy of the letter including the attached notation as it actually existed. Respectfully, R. E. Little, Chief, Smyrna Police Department" Jim Tolleson said he thought Jim Hawkins statement was good, but left him out. He said he was just as involved in;this as Jim Hawkins was, and he hoped this was the end of it. Announcements: Next Council meeting will be December 17th, CMA Christmas Party will be December llth, and the Music Festival and Lighting of the Christmas Tree iri-Centennial Park will be December 13th. Elbert Coalson asked everyone to pray for and donate to little Christie Teague. She has had surgery but is still very sick.and the hospital bills are mounting. Jack Shinall asked Chuck Camp about the latest Marietta annexation on Cobb Parkway. Attorney Campsaid he had done some preliminary work and it did not look like we had much of a case.on the roadway annexation. That would have to be contested by the State since itis a State highway,,although the 30-day limitation does not apply to a roadway annexation. Also, he still cannot find anyone that saw the annexation signs posted. Mayor Johnson asked everyone to remember the hostages in Iran. Attorney Camp introduced Jim Whitfield from his staff. Elbert Coals on reminded Council of the meeting on personnel, immediately following this meeting. Meeting adjourned at 8:19 p.m.