12-04-1978 Regular MeetingDecember 4, 1978
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on December 4, 1978 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, except Jerry Mills who was in the hospital. Also present was City
Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom,
Police Chief R. E. Little, Fire Chief Don Atkinson, Parks and Recreation Director
Asa Howard, Public Works Director James E. David, Civil Defense Director Jim
Farley, Building Inspector John Steely and representatives of the press.
Invocation was given by Councilman Elbert Coalson, with a special prayer for Jerry
Mills who is hospitalized for a kidney transplant.
Jim Tolleson read a letter from Marvin C. Waldrip, president of Victory Cab Company
requesting a taxi rate increase in Smyrna. The current rate is $.70 for the first
1/7 mile and $.10 for each 1/6 mile or fraction thereof and $6.00 per hour waiting
time. The requested increase is $1.00 for the first 1/7 mile and $.10 for each
1/7 mile or fraction thereof and $6.00 per hour waiting time. Jim Tolleson made a
motion the increase be approved as requested. Elbert Coalson seconded the motion
which carried by a 6-0 vote.
Commercial building permits were presented by Inspector John Steely and upon his
recommendation the following action is recorded:
(1) Bill Allen, 521 Pineview Drive, requested a side yard variance in order to
build within 10' of the property line. He presented a letter signed and notarized
from the adjoining property owner, Mrs. Brooks, stating she did not object to the
variance. Jim Hawkins made a motion the variance be granted. Rem Bennett seconded
the motion which carried by a 6-0 vote.
Jim Hawkins stated he had instructed the Permit and Inspections Department that if
requests for variances are not in by Thursday before a council meeting, they will
be held until the next meeting. This will give council a chance to review the
request before the meeting.
Jim Hawkins made a motion the minutes of November 6, 1978 be approved as submitted.
Jack Shinall seconded the motion which carried by a 6-0 vote.
Jim Hawkins made a motion the minutes of November 20, 1978 be approved as submitted.
Jim Tolleson seconded the motion which carried by a 6-0 vote.
Rem Bennett read a letter from Assistant Director of Public Works Vic Broyles,
requesting council approve a four-way stop sign at the intersection of North Cooper -
lake Road and Highview Drive. Rem made a motion the sign be approved. Bill Darby
seconded the motion which carried by a 6-0 vote.
Mayor Johnson advised the first Monday in January falls on January 1st and another
date should be set for the council meeting. Elbert Coalson made a motion the first
meeting in January be changed from the first Monday, January 1st, to the second
Monday, January 8, 1979. Jack Shinall seconded the motion which carried by a 6-0
vote.
Committee Reports: (Finance) Bill Darby advised payments of 1978 tax billings were
coming in. He also advised CETA funds had been frozen for at least the next six
months. He asked Gunter Newsom to explain to Council another Federal program, Work
Incentive Program, Public Service Employment, under which we could get the position
in the Water Department, vacated by the resignation of Linda Stults, filled with
Federal funds. After discussion Bill Darby made a motion the contract for this
position be signed. Jim Hawkins seconded the motion which carried by a 6-0 vote.
Mayor Johnson and Bill Darby were designated to sign the contract.
Jim Tolleson advised the Musical Festival and Lighting of the Christmas Tree would
be December 12th, the Parks and Recreation winter programs had been distributed
and the Santa's Calling applications are pouring in.
Jim Tolleson advised he and Jim Hawkins had been working on annexation. Twenty or
.twenty-five letters have been sent to prospective commercial property owners in
the vicinity of Highway 41, I75, I285 and Windy Hill Road, drawing clear boundaries.
Jim Hawkins stated he thought the annexation would be good as far as the tax
situation is concerned and possibly we might be able to reduce the millage rate.
(Continuation of December 4, 1978 Meeting)
Mayor Frank Johnson congratulated City Attorney Charles Camp on his being elected
Chairman of the Local Government Section of the State Bar of Georgia.
Jack Shinall reported Jim David was to attend a seminar on mosquito control
tomorrow. He also asked Council to approve the painting of crosswalks at major
intersections. He was asked.%to give the locations to be painted-to.,the'streets
chairman.at the next council meeting.
Elbert Coalson made a motion bids be requested for repairs to the Civil Defense
Rescue truck obtained from Army Surplus. Jim Hawkins seconded the motion which
carried by a 6-0 vote. Jim Tolleson asked if another rescue truck was needed.
Rem Bennett read a letter from Fire Chief Don Atkinson thanking Mayor and Council
for the hams purchased for the firemen for Thanksgiving dinner.
Representative Ken Nix was in the audience and Rem thanked him for his efforts on,
the connector road, and stated they would continue to get the route changed.
Rem Bennett read a letter to Mayor and Council in which he resigned his Council
seat from Ward 7, effective the first meeting in January, 1979. The letter read
as follows:
"Mr. Mayor & Fellow Councilmen: During the last three years I have tried
to work very hard to make our city a better place to live, work and enjoy.
I have attempted to do, to the best of my ability, every job assigned me
as councilman to honestly represent not only the people of Ward 7, but
the entire City of Smyrna. I have never tried to be a politician, but a
concerned citizen that's willing to work for a community he loves and
appreciates.
I did not realize that when you serve in a public office you are fair game
for all the abuse, false rumors and criticism which may be directed against
you without any reason or basis. During the last three years and especially
this past year the misquotes and misunderstandings have increased without
any reason that I can see except to either create dissention in this
council, create news or serve someone else's political purpose. As late as
last week the paper reported that a town meeting held for citizens affected
by the proposed east -west connector was just a political rally for me and
another politician. This is not true and is only an attempt by either the
newspaper or other politicians to destroy the real purpose and value of
that meeting. It has been very difficult for me to leave many of the state-
ments made unchallenged, but for the sake of the people I represent as
councilman and my family, I have tried to hold my office with dignity,
honesty and concern for the problems and goals of the City.
I believe that everyone should try to serve his community to the best of his
ability and I appreciate the support and confidence that's been given me
by the people of Ward 7 and the many friends I have made throughout the
City. There is no better community anywhere to live and work than right
here in Smyrna, Georgia. I appreciate the friendships made with many of
you here on this Council as we have faced problems of the City squarely and
met them honestly without concern for personal gain or loss. However, I
also believe that a man's first duty is to his family. Although they have
stood by me steadfastly during my term of office, especially my wife Judy,
and supported me with all their hearts, I cannot ask that they or my
friends be subjected to any more unfair political attacks.
It is therefore with deep regret that I turn in my resignation as Council-
man of Ward 7, effective the first meeting of Mayor and Council for the
City of Smyrna in January of 1979. I resign this office for the best
interest of my ward and my family. However, you know I am no quitter, and
therefore I will continue to devote my time to protecting the interest of the
City and preserving our environment and protecting our homes and families.
I hope to be a leader in the stand against the present route of the east -
west connector, and from now on hope to feel free to express what I believe
to be the best for our city without it being called politically motivated.
As I stated last week, I can only speak for my part, and I hope this action
on my part will be understood as I intended. There are many fine people
who are concerned in Ward 7 and I am sure it will be well represented on
this council."
There being no further business, the meeting was adjourned at 8:06 p.m.
December 11. 1978
A special meeting, called for the purpose of setting the date for the Special
Election for Councilman from Ward 7, the qualifying dates, and to accept the
resignation of part-time Building Inspector John Steely, was held on December 11,
1978 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding
officer Mayor Frank B. Johnson at 5:30 o'clock p.m. All members of Council were
present except Jerry Mills who was absent due to illness. Also present was City
Clerk Willouise Spivey and Finance and Administration Director Gunter Newsom.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Mayor Johnson.advised that Rem B. Bennett, Jr., had resigned his post as Councilman
from Ward No. 7, effective January 8, 1979, and a special election would have to
be held within thirty (30) days of the effective date. His recommendation was
that the date of.the election be set for February 3, 1979 (Saturday), and January
9, 10 and 11 be open for qualifying. In case of a run-off the election would be
held on the fourteenth day after the first election.
Elbert Coalson made a motion the Special Election for Councilman from Ward 7 be
held on Saturday, February 3, 1979, and the qualifying dates be January 9, 10 and
11, 1979. Jim Hawkins seconded the motion which carried by a 6-0 vote.
Elbert Coalson made a motion that Dusty Bennett be appointed as Superintendent of
the election. Jim Hawkins seconded the motion which carried by a 6-0 vote.
Willouise Spivey is to contact Dusty Bennett.
4
Jim Hawkins made a motion to accept the resignation of part-time City Inspector
John Steely. Jack Shinall seconded the motion which carried by a 6-0 vote.
Mayor Johnson stated we needed to appoint an interim Inspector until the new man
comes to.work on January 2, 1979. Jim Hawkins made a motion Luke Boring be
appointed as Inspector through the end of the year. Bill Darby seconded the motion
which carried by a 6-0 vote.
Meeting adjourned at 5:58 p.m.
December 18. 1978
The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, on December 18, 1978. The meeting was called to order by presiding officer
Mayor Frank B. Johnson. All Council members were -present except Jim Tolleson who
was ill. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey,
Finance & Administration Director Gunter Newsom, Police Chief R. E. Little, Fire
Chief Don Atkinson, Public Works Director James David, Parks and Recreation Director
Asa Howard, Civil Defense Director Jim Farley, Inspector Luke Boring and repre-
sentatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizens reports.
Jim Hawkins brought up the request for a Malt Beverage and Wine Pouring License
for the Monterey Mexican Restaurant, 2540 Atlanta Road. Paul Leon was the applicant.
Mr. Hawkins advised there was an error on the first application which had to be
voided. The investigation of the partner listed on the second application is not
complete and Jim Hawkins made a motion this item be tabled until the results of
the investigation is given to us by Police Chief Little. The motion was seconded
and carried by a 6-0 vote.
Commercial building permits were submitted by Inspector Luke Boring and the
following action is recorded:
(1) Howard Ellis of Northside Realty Associates, Inc., requested a setback
.µ� variance on Hargrove Road, at the corner of Spring Road. The present setback
requirement on Hargrove Road is 50 feet, and Mr. Ellis requested a 15 feet variance,
to a 35 foot setback. Inspector Luke Boring recommended the variance not be
granted until Mayor and Council know exactly what the development will be. Fifteen
feet of this property frontage was donated to Cobb County for the widening of